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Utah couple refuse to return adopted toddler to father after ordered by the court.

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Full txt of article.

A judge has ordered a Utah couple to return their adopted toddler to her biological father after it was revealed that his wife gave up the child without the father's knowledge or permission.

Courtesy Frei Family
The couple, Jared and Kristi Frei, now has 60 days to return the 21-month-old girl to her father Terry Achane, a U.S. Army drill instructor. But the Freis' lawyer told ABCNews.com that they will not give up the girl, whom they call Leah, and will appeal the judge's ruling.

"They believe the district court made some fundamental errors in its decision and they will raise those with the appropriate appellate court. Yes, they will appeal," their lawyer Larry Jenkins told ABC News.com.

Achane, 31, was stationed in South Carolina on March 21, 2011, when his estranged wife gave birth in Utah and immediately turned the baby over for adoption.

Achane is now thrilled with the judge's ruling and the prospect that he will be united with his baby.

"He is extremely pleased with what [the judge] ordered," his lawyer, Mark Wiser, told ABCNews.com.

Achane initially feared that his wife, Tira Bland, followed through on a threat to have an abortion. It was several weeks after the baby, whom he calls Teleah, was born that he learned the child had been adopted and was in Utah, according to his lawyer.

When Achane contacted the adoption agency who facilitated the baby's placement with the couple, he was stonewalled, denied information and ignored when he told them he had not consented to the adoption, his lawyer claimed.

In his ruling, Judge Darold McDade said he was "astonished and deeply troubled" by the actions of the agency, the Adoption Center of Choice, calling its treatment of Achane "utterly indefensible."

According to Achane, Bland gave the agency Achane's old address in Texas where he lived prior to being stationed in South Carolina, and suggested he would not consent to the adoption. The agency attempted to contact him once in Texas, but seems not to have made any other efforts to receive his consent, Wiser said.

"Because there is ongoing litigation, we cannot comment at this time," the agency told ABCNews.com.

Achane knew Bland was pregnant and had taken her to prenatal doctor appointments in Texas, but Bland cut off all contact with him following his deployment to South Carolina and made arrangements for the adoption in secret, Wiser said.

The Freis have maintained a blog about the case where they claim that Achane "left [Bland] without any money, a car, or details of his whereabouts. Needing to act quickly for the best interest of her unborn child, and with incredible faith, fortitude, and courage, she put her child up for adoption."

In 2008, Kristi Frei was diagnosed with endometriosis and told she would not be able to conceive, according to the blog.

The Freis insist that it was they who tracked down Achane "several months" after adopting the baby, but to "our great shock and dismay" he refused to consent to the adoption.

The judge said in his ruling, however, that the couple knew that Achane had never been consulted and "acknowledged this risk but decided they wanted to proceed forward with the adoptive placement anyway."

According to their blog, the couple has raised more than $20,000 to pay for legal fees.

ABC News was unable to reach Bland for comment.

http://abcnews.go.com/US/judge-orders-adopted-baby-returned-soldier-dad/story?id=17877671

Can someone make it clicky?
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by on Dec. 6, 2012 at 1:55 PM
Replies (31-40):
onethentwins
by Silver Member on Dec. 6, 2012 at 3:37 PM

Utah adoption laws are stacked against fathers. This guy is lucky that he was married to the mother because non-married fathers are SOL.

There's a case right now where  a Virginia court ruled for the father but because the baby is in Utah, the Utah courts refuse to return his daughter:

http://www.babyemmawyatt.com/OurStory.html

DragonX
by on Dec. 6, 2012 at 3:42 PM
I just feel bad for that poor little girl. She's going to be taken from the family she knows and loves and has bonded with and put with basically a total stranger to her. If anyone deserves condemnation in this story, it's the birth mother for ensuring that this exact situation would happen by lying and giving false information. The adoptive couple isn't without fault for knowing that the father didn't know, but if the story was an abusive jerk father trying to get his kid back everyone would be on their side instead. No one knows for sure what exactly happened except the people involved.

Let's just hope that whatever happens, the little girl will be okay, loved, happy, and safe, and being united with her father (which I'm sure will happen) will not be traumatic for her.
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pamelax3
by on Dec. 6, 2012 at 3:48 PM
2 moms liked this

they need to give the baby back and stop all this crap so she can start her new life

mitty18
by on Dec. 6, 2012 at 3:48 PM

No one in this situation is thinking about the welfare of that little girl, SMH



jiffypop2207
by Bronze Member on Dec. 6, 2012 at 4:00 PM
It said in the article that the mom purposefully gave the agency an outdated address for him. He didn't respond because he never got it


Quoting Jaxsonsmama2009:

So why didn't he respond when contacted the first time?

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MissTacoBell
by Taco Bell Princess on Dec. 6, 2012 at 4:01 PM
1 mom liked this
I understand that as soon as he found out the baby wasn't aborted that he worked to find out where she was. When he found out, he was stone walled. Then when he got the info of who had her, they refused him to see her. That all sounds like he's been fighting for her since birth.

The agency didn't do their due dillegence in tracking him down either. When my nephew was adopted out, my sister, the agency, my parents and the adopted parents worked like hell to find the deadbeat sperm donor so they could get his address and serve him with the consent papers to sign. My dad did and they had a witness to him throwing them back at him (all in the presence of his wife and kid, oh me oh my; no my sister didn't know). That was enough for the court to terminate his rights.

That poor little girl though. I hope the guy has jag lawyers representing him because in Utah, he's still got a fight ahead of him.
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Treymama
by on Dec. 6, 2012 at 4:23 PM
My brother had a gf that took off to Utah and gave his baby up for adoption without his consent. The first adoption agency sent him paperwork to sign and he refused and then put his name in the vital statistics for fear that she would go to another adoption agency and not name a father which she did and baby girl was adopted by a family in Montana even after our numerous 16 hour long road trips to Utah for court to fight to get her before she was adopted. My brother was denied her even after the paternity tests and we have never seen her only pictures and she's 4
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moneysaver6
by on Dec. 6, 2012 at 4:33 PM

If they knew in the beginning that he didn't consent, then they should have handed the baby over.  They don't have the authority or the right to keep the child because of what a deceitful mother said. 

Here's how we'll fix this:  Offer to cut the baby in half & give a portion to each "party".

wildlilacs
by on Dec. 6, 2012 at 4:52 PM
Thats why the mother went to Utah!! She fould have stayed in Tx. And 60 days, heck, give him his child back now. The whole thing was wrong. The adoptive family and agency should be sued. They probably will.


Quoting onethentwins:

Utah adoption laws are stacked against fathers. This guy is lucky that he was married to the mother because non-married fathers are SOL.

There's a case right now where  a Virginia court ruled for the father but because the baby is in Utah, the Utah courts refuse to return his daughter:

http://www.babyemmawyatt.com/OurStory.html


Posted on the NEW CafeMom Mobile
onethentwins
by Silver Member on Dec. 6, 2012 at 6:37 PM

Quoting Treymama:

My brother had a gf that took off to Utah and gave his baby up for adoption without his consent. The first adoption agency sent him paperwork to sign and he refused and then put his name in the vital statistics for fear that she would go to another adoption agency and not name a father which she did and baby girl was adopted by a family in Montana even after our numerous 16 hour long road trips to Utah for court to fight to get her before she was adopted. My brother was denied her even after the paternity tests and we have never seen her only pictures and she's 4

I'm so sorry for your loss. When it comes to adoption, Utah is the devils playground.

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