SALT LAKE CITY (ABC4 News) – A battle over “Baby Emma” is stretching across the nation.
And the Utah Supreme Court is being asked to play Solomon between the child’s biological father and her adoptive parents.
"I figure she'd look cute in these," said John Wyatt who was rummaging through a closet full of clothes for Baby Emma.
Wyatt who lives in Virginia even has a crib for her.
But the problem is Baby Emma is in Salt Lake City with her adoptive parents.
"All I know is that she has blue eyes and strawberry blond hair," Wyatt told a Washington television reporter.
Wyatt is headed to Utah where his attorney will argue before the Supreme Court that Baby Emma’s sudden departure violated federal kidnapping laws.
“This is not a legitimate adoption,” said Wyatt’s attorney Stanton Phillips. “This is in fact a kidnapping."
The court battles started 18 months ago in a Virginia hospital.
That's where his girlfriend gave birth and put Baby Emma up for adoption.
A Salt Lake City couple with the help of A Act of Love adoption agency brought Baby Emma to Utah.
Wyatt claimed he had no idea this was going on.
“I had every intention of raising my daughter and I made that very clear from the very beginning," he said.
A Virginia judge gave Wyatt custody but a Utah judge sided with the adoptive parents.
It's happened before.
At least four out of state fathers are fighting Utah's laws to get their child back.
Wyatt’s Utah attorney said in Utah the laws are stacked against fathers whose children are born out of wedlock.
Joshua Peterman said those fathers don't even have to be notified.
“Putative fathers have a hard time protecting their rights in Utah,” Peterman said. “If even the mother gave notice to the father that she is working with a Utah agency then the father has to take specific steps to protect their rights to contest the adoption proceeding.”
On Thursday, the Utah Supreme Court will hear arguments between both sides in an effort to determine where Baby Emma belongs.
