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Baby involved in Utah adoption dispute returned to biological mother

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CACHE COUNTY, Utah -- The adoptive parents of a newborn child Cache County has since returned her to her biological mother after adoption papers were signed to give her up.

Kaylee, born Nov. 4, was turned over to her adoptive parents last week after her biological mother signed adoption papers. The child's biological father, Colby Nielsen, did not sign and was against the adoption.

Nielsen’s attorney, Wes Hutchins, confirmed Monday afternoon Kaylee has been returned to the biological mother.

Since Kaylee’s mother signed documents renouncing all rights to the child, Hutchins said, underneath Utah law, the adoptive parents gave the infant to a person with no legal rights to the child.

Hutchins said he hopes to get Kaylee back to Nielsen.

The adoptive parents released statement saying they were formally relinquishing all custodial rights.

“We are happy to have reunited Kaylee with her loving biological mother,” the statement indicates.

The story of Kaylee's adoption gained attention across social media when Nielsen told his story of having to give up his daughter.

Read the full statement of the former adoptive parents here:

"Sadly, misinformation has caused immense pain and suffering by all parties involved. Our hearts go out to both biological parents. We are formally relinquishing all custodial rights. We are happy to have reunited Kaylee with her loving biological mother. We believe the couple, if unfettered by legality and other pressures, will be able to decide what is best for Kaylee. This is how the situation should have always been resolved. At no point has Kaylee ever spent a 24 hour period away from one of her biological parents. Our intent was always to have a completely open adoption, as discussed with both biological parents prior to birth. We have always wanted what is best for Kaylee. Had we known that all parties were not in agreement in these regards, the adoption never would have taken place. We have hope that this may yet be a happy story for Kaylee and her biological parents."

Hutchins said Nielsen cared for his daughter for 13 days before she was taken away.

"He washed her, bathed her, fed her, nurtured her, loved her and now to return the child back to a parent who didn't want her, not only defies logic but is arguably against the law," Hutchins said.

Greg Skorkas, a legal analyst for Fox 13 News, says it’s not that complicated and the adoptive parents probably have not broken the law.

"The adoption, for all intents and purposes, is now set aside," Skordas said.

Skordas said the adoptive parents probably did what the courts were going to do anyway, give Kaylee back to her birth parents to work out custody.

"The father is going to be in the position of a father now,” Skordas said. “Whether or not the mother wants to reestablish her position and say I want to step back in also remains to be seen."

Nielsen’s attorney says the two parents are in contact.

"We want open lines of communications, we want to resolve this if we can.  We're not interested in running off to the court," Hutchins said.

What happens next with Kaylee likely depends on what her birth parents decide.

If they can reach an agreement, the courts may not get involved.  If they can’t, Nielsen’s attorney says the failed adoption may help his client’s case.

34 comments

  • Tonya

    Give the baby to the father! She obviously doesn’t want the child. At the VERY least give the father primary custody and the mother joint.
    Utah fathers NEVER win though, it’s a lose-lose state for fathers, and its heartbreaking.

    • Aj

      Sadly I have seen some times when the father is favored over the mom just to show Utah is no longer biased. In this case, from what we know, I say let the father have custody.

    • ANOTHER-ANOTHERBOB

      A refined man marries the woman he wants to raise a family with. The men who don’t buy the cow because the get the milk free don’t deserve the same benefits married men have.

      • ANOTHERBOB

        @Aimee
        Should we assume that the men in your life don’t buy the cow because they get the milk free? Did I touch a raw nerve?

      • Faith

        If anyone doesn’t like your response it may be due to this: Based on your own argument, if the father doesn’t deserve the same rights as a married man, the mother (who already relinquished her rights to her OWN child), does not either. That part, you left out. Makes you look biased in all the wrong ways.

  • Lisa

    There are too many unwanted children. This father has already shown immense love for his child, he should have custody of the baby and returned to him immediately. The mother didn’t want her baby and had no problem giving her up without the father’s consent. This raises concern for the baby’s well-being. She is with a parent who doesn’t want her. Please do what’s best for the baby and immediately return her to her father while they work it out.

  • Dana

    I am happy that the adoptive parents have done the right thing and removed themselves from this horrible situation. Going forward I hope they find the infant that is meant to be in their family. I hope they work with a great agency and adopt outside of Utah – many states have much better adoption laws that are fair to all parties involved. Utah certainly does not seem to be that place, sadly.

    • Jo Anna

      This Young couple (26, 31) have a biological son of their own – you guys act as though they have been trying for decades to have children – they have time and I am sure will be FINE

  • bob

    They’re happy to do it now that their lawyer told them to be. They took the baby directly from the father over his objections.

    You can’t cover this up, Utah. The cat’s out of the bag. The world has seen what you do.

  • bob

    NOT GOOD ENOUGH! The mother signed away all legal rights. Why did Utah return the baby to her rather than the father? SHE HAS NO RIGHTS! The father is the only legal guardian at this point.

    This lawless state is out of control.

  • Mimi

    This is exactly how I feel about it: “He washed her, bathed her, fed her, nurtured her, loved her and now to return the child back to a parent who didn’t want her, not only defies logic but is arguably against the law,” Hutchins said. Why not return the baby to the parent that wants her most out of everybody??

  • rightasrainy

    The former adoptive parents are such liars. Colby begged them not to take Kaylee. They ignored him and told him it was “God’s plan” for them to take his baby from his arms. He told them he wanted to keep her and he never signed the papers and literally pleaded with them not to take her. They didn’t care and took her away while he cried. They were there when the police ordered him to give them the baby. They watched him sobbing and pleading. They used the name of God to justify doing something so immoral. Now they are trying to do damage control by lying. They are sick!

    • bob

      They’re selfish, evil people, and the State of Utah is complicit in their kidnapping. They only gave the kid back because the got caught.

      I’m more impressed by people who do the right thing BEFORE they do they wrong thing. When I adopted I went halfway around the world, to a country that investigates whether there is ANYONE in the family, including aunts, uncles and adult cousins, who will take the kid. And they can speak up at any time until the gavel strikes wood.

      Utah is a haven for child trafficking. We’re as bad as Bankok.

      Even now Utah is playing the anti-father card. The woman gave up all parental rights. Utah handed the kid back to her as if nothing happened. Women will never be equal until they choose to be taken equally seriously in their decisions. She has NO LEGAL CLAIM to the kid. Utah essentially handed the kid over to a stranger. Worse, actually: They handed the kid to a women who is on record as stating she wants nothing to do with it. Over the claim of a loving, devoted DAD.

      This state disgusts me.

  • Cari

    I knew something in this article sounded funny. So I looked up Utah adoption laws. The only way for a baby to be put up for adoption w out fathers consent when parents aren’t married in Utah is if a judge terminates his rights. He only gets terminated if he fails to comply w court.

  • Steve green

    What the heck is wrong with this court system? The mother clearly doesn’t want the baby, but hey let’s give the baby back to the mother and see if she’ll change her mind instead of giving the baby to her loving daddy. I don’t understand stupid people like this.

      • Faith

        Ummm….you may want to go over the comment you responded to, again. The question was what is wrong with this court system? LOL; not whether or not the bio-mom loved the baby enough to not abort it, OMGoodness… the logic of giving a child back to a bio-mom who does not want to keep the child INSTEAD of back to a bio-dad who has been wanting her all along from day one is the issue at hand.

  • Melissa McIntyre

    Why was she given back to her “mother” when she didn’t want her and Colby had been taking care of her? She should have gone back to him. She signed her rights away so she shouldn’t get to have her. How can the adoptive parents say they discussed an open adoption with both parents? Obviously they did not talk to Colby because they would have known he wanted to keep her and raise her. This was done behind his back. As soon as the adoptive parents realized Kaylee was with her father they should have backed out and left her with her father. Seems they were in cahoots with her and her parents to keep him from having full custody of his daughter. Kaylee’s egg donor is obviously mad at her ex and wanted to hurt him deeply by denying him his daughter. She should thank her lucky stars he didn’t abandon her like many guys do and actually wants his daughter. The courts need to grant her wish to not be her mother. Terminate her rights like she wants and let Colby raise her.

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