February 22, 2019
Certification from the Court of Appeals
District, Duchesne The Honorable Samuel P. Chiara No.
Michael D. Harrington, Jarell A. Dillman, Vernal, Troy L.
Booher, Julie J. Nelson, Salt Lake City, for appellee
D. Hancock, Roosevelt, for appellants
Justice Petersen authored the opinion of the Court, in which
Chief Justice Durrant, Associate Chief Justice Lee, Justice
Himonas, and Justice Pearce joined.
Jimmy Olguin conceived a child with Marie Anderton (Mother)
while she was married to Christopher Anderton (Husband), who
is presumed to be the child's father under Utah law.
Olguin filed a petition in the district court to adjudicate
his paternity of the child. Mother filed a motion to dismiss,
arguing that Olguin lacked standing under the Utah Uniform
Parentage Act (UUPA) because the child was born within a
marriage. The district court noted that the court of appeals
has interpreted the UUPA to deny standing to an alleged
father in Olguin's circumstances, but it
observed that the court of appeals has not yet addressed the
constitutional implications of its holding. Ultimately, the
district court denied the motion to dismiss, concluding that
to deny Olguin standing would violate his right to procedural
due process under the federal constitution. In pretrial
briefing, the parties again raised the issue of standing. The
district court reaffirmed its procedural due process ruling
but declined to conclude that Olguin had a substantive due
process right at stake.
The court of appeals certified this case to us to address the
constitutional issues raised by the parties and ruled upon by
the district court. However, in a companion case that also
issues today, we hold that the UUPA does grant standing to an
alleged father, even when the child was conceived or born
during a marriage with a presumed father. See Castro v.
Lemus, 2019 UT 71, ¶¶ 3, 12, 51, 61, ___ P.3d
___. Accordingly, Olguin's constitutional claims are
We affirm the denial of the motion to dismiss on alternative
grounds and remand to the district court.
Mother has been married to Husband since 2010. Over the course
of their marriage, Mother and Husband have separated several
times. On one such occasion, Mother had a romantic