During her pregnancy, Osborne and Baker cohabited at Osborne's home in North Carolina. While Baker was living with Osborne, she informed him that she had contacted an adoption agency in Utah to inquire about placing the child for adoption upon its birth. Osborne expressed disapproval with that idea, and as a result, Baker assured Osborne that she would not place the child for adoption.
In early August 2001, Baker left Osborne's home and traveled to Utah with the intent to give birth and to place the child for adoption. On August 6, 2001, labor was induced and Baker delivered the child. That same day, she called Osborne and informed him that she had borne a son, that she had decided not to place the child for adoption in Utah, and that she was returning to North Carolina with the child.
Upon returning to North Carolina, Baker lived with her mother for a week and then moved back in with Osborne. However, by December 10, 2001, she once again moved out of Osborne's home. During this period of cohabitation, Osborne attempted on two occasions to convince Baker to execute a voluntary declaration of paternity. She refused to do so.
In early January 2002, Baker again informed Osborne that she intended to return to Utah and place the child for adoption, which she did. On January 4, 2002, Baker relinquished her parental rights to Adoption Center of Choice, Inc. ("Adoption Center"), a Utah adoption agency with its principal office located in Orem, Utah, so that the child could be placed for adoption. Shortly thereafter, Baker's husband also formally relinquished any parental rights regarding the child and consented to the child's placement for adoption with Adoption Center. Adoption Center then placed the child with a couple but retained legal custody of and responsibility for the child, pursuant to Utah Code Ann. § 78-30-4.22 (2002), pending the finalization of the adoption.
On February 11, 2002, Osborne filed a paternity and custody action in North Carolina.
|Case No. 20020515||2003 May 2|