IOWA ADOPTION RESOURCES

04.14.2021

IOWA ADOPTION RESOURCES

Adopt Connect provides adoption services to women in Iowa who are pregnant and considering adoption for their baby. Below you will find a brief overview of the adoption laws in Iowa. Please know that the laws which will apply to your adoption can vary based on several circumstances, including but not limited to, the state in which the baby is born, and the state in which the adoptive family resides. If you are unsure which laws apply to you and your situation please consult your Adopt Connect Coordinator.

CONSENT TO ADOPTION IN IOWA

Last Updated March 2017

WHO MUST CONSENT TO AN ADOPTION

Citation: Ann. Stat. § 600.7

The following persons must consent to an adoption:

  • Any guardian
  • The spouse of a petitioner who is a stepparent
  • The spouse of a petitioner who is separately petitioning to adopt an adult person

CONSENT OF CHILD BEING ADOPTED

Citation: Ann. Stat. § 600.7

A child age 14 or older must consent to the adoption.

WHEN PARENTAL CONSENT IS NOT NEEDED

Citation: Ann. Stat. §§ 600.7; 600A.8

Consent may be unnecessary if:

  • Any person required to consent refuses to or cannot be located.
  • A parent has signed a release of custody and the release has not been revoked.
  • A parent has petitioned for termination of parental rights.
  • The parent has abandoned the child.
  • A parent has been ordered to contribute to the support of the child or financially aid in the child’s birth and has failed to do so without good cause.
  • A parent does not object to the termination after having been given proper notice and the opportunity to object.
  • An adoptive parent requests termination of parental rights and the parent-child relationship based upon a showing that the adoption was fraudulently induced.
  • The parent has been determined to be a chronic substance abuser and the parent has committed a second or subsequent domestic abuse assault.
  • The parent has abducted the child, has improperly removed the child from the physical custody of the person entitled to custody without the consent of that person, or has improperly retained the child after a visit or other temporary relinquishment of physical custody.
  • The parent has been imprisoned for a crime against the child, the child’s sibling, or another child in the household, or the parent has been imprisoned and it is unlikely that the parent will be released from prison for a period of 5 or more years.
  • The parent has been convicted of a felony offense against a minor, the parent is divorced from or was never married to the minor’s other parent, and the parent is incarcerated for at least 5 years for that offense.
  • The child was conceived as the result of sexual abuse, and the biological parent against whom the sexual abuse was perpetrated requests termination of the parental rights of the person who perpetrated the abuse.

WHEN CONSENT CAN BE EXECUTED

Citation: Ann. Stat. § 600A.4(2)(g)

Parental release of custody may not be executed until at least 72 hours after the child’s birth.

HOW CONSENT MUST BE EXECUTED

Citation: Ann. Stat. §§ 600.7; 600A.4

A consent to the adoption shall be in writing, shall name the child and the petitioner, shall be signed by the person consenting, and shall be made in the following manner:

  • Any minor adopted person who is age 14 or older, in the presence of the juvenile court or court in which the adoption petition is filed
  • By any other person, either in the presence of the court or before a notary public

A release of custody shall:

  • Be accepted only by an agency or a person making an independent placement
  • Not be accepted by a person who in any way intends to adopt the child
  • Be in writing
  • Contain the written acknowledgment from the birth parents that 3 hours of counseling have been offered to the birth parents to take place after the birth of the child
  • Be witnessed by two persons familiar with the parent-child relationship
  • Name the person accepting the release
  • Be followed, within a reasonable time, by the filing of a petition for termination of parental rights under § 600A.5

REVOCATION OF CONSENT

Citation: Ann. Stat. §§ 600.7; 600A.4

A consent to the adoption may be withdrawn prior to the issuance of an adoption decree by the filing of an affidavit of consent withdrawal with the court.

Either a parent who has signed a release of custody or a nonsigning parent may, at any time prior to the entry of an order terminating parental rights, request the court to order the revocation of any release of custody previously executed by either parent.

If such request is by a signing parent and is within 96 hours of the time such parent signed a release of custody, the court shall order the release revoked. Otherwise, the juvenile court shall order the release or releases revoked only upon clear and convincing evidence that good cause exists for revocation.

Good cause for revocation includes, but is not limited to, a showing that the release was obtained by fraud, coercion, or misrepresentation of law or fact that was material to its execution. In determining whether good cause exists for revocation, the juvenile court shall give paramount consideration to the best interests of the child, including avoidance of a disruption of an existing relationship between a parent and child of the final order of relinquishment.


POSTADOPTION CONTACT AGREEMENTS BETWEEN BIRTH AND ADOPTIVE FAMILIES IN IOWA

Last Updated August 2018

WHAT MAY BE INCLUDED IN POSTADOPTION CONTACT AGREEMENTS?

This issue is not addressed in the statutes reviewed.

WHO MAY BE A PARTY TO A POSTADOPTION CONTACT AGREEMENT?

This issue is not addressed in the statutes reviewed.

WHAT IS THE ROLE OF THE COURT IN POSTADOPTION CONTACT AGREEMENTS?

This issue is not addressed in the statutes reviewed.

ARE AGREEMENTS LEGALLY ENFORCEABLE?

This issue is not addressed in the statutes reviewed.

HOW MAY AN AGREEMENT BE TERMINATED OR MODIFIED?

This issue is not addressed in the statutes reviewed.


RIGHTS OF UNMARRIED FATHERS IN IOWA

Last Updated August 2017

LEGAL DEFINITION OF ‘FATHER’

Citation: Ann. Stat. § 144.12A

A ‘father’ means the male, biological parent of a child. A ‘putative father’ is a man who is alleged to be or who claims to be the biological father of a child born to a woman to whom the man is not married at the time of the birth of the child.

PATERNITY REGISTRY

Citation: Ann. Stat. § 144.12A

The State Registrar of Vital Statistics shall establish a declaration of paternity registry to record the name, address, Social Security number, and any other identifying information required by rule of the department of a putative father who wishes to register prior to the birth of a child and no later than the date of the filing of the petition for termination of parental rights.

A declaration of paternity filed with the registry may be used as evidence of paternity in an action to establish paternity or to determine a support obligation with respect to the putative father. Failure or refusal to file a declaration of paternity shall not be used as evidence to avoid a legally established obligation of financial support for a child.

ALTERNATE MEANS TO ESTABLISH PATERNITY

Citation: Ann. Code §§ 252A.3; 600B.41

Paternity may be established as follows:

  • By order of a court of competent jurisdiction or by administrative order when authorized by state law
  • By the statement of the person admitting paternity in court and upon concurrence of the mother
  • Subject to the right of any signatory to rescind as provided in § 252A.3A(12), by the filing and registration by the state registrar of an affidavit of paternity, provided that the mother of the child was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child
  • By establishment of paternity in another state or foreign country in any manner provided for by the laws of that jurisdiction

If the mother was married at the time of conception, birth, or at any time during the period between conception and birth of the child to an individual other than the person admitting paternity, the individual to whom the mother was married at the time of conception, birth, or at any time during the period between conception and birth must deny paternity in order to establish the paternity of the person admitting paternity upon the sole basis of the admission. If the mother was married at the time of conception, birth, or at any time during the period between conception and birth of the child, an affidavit of paternity may not be registered unless a court of competent jurisdiction has determined that the individual to whom the mother was married at that time is not the father of the child.

In a proceeding to establish paternity, court may on its own motion, and upon request of a party shall, require the child, mother, and alleged father to submit to blood or genetic tests. If the test results show that the alleged father is not excluded and that the probability of the alleged father’s paternity is 95 percent or higher, there shall be a rebuttable presumption that the alleged father is the father.

REQUIRED INFORMATION

Citation: Ann. Stat. §§ 144.12A; 252A.3A

A person who files a declaration of paternity with the registrar shall include in the declaration all of the following:

  • His name, current address, Social Security number, and any other identifying information requested by the department
  • The name, last known address, and Social Security number, if known, of the mother of the child, or any other identifying information requested by the department
  • The name of the child, if known, and the date and location of the birth of the child, if known

The registrar shall accept a declaration of paternity filed in accordance with this section and forward a copy of the declaration to the mother as notification that the person has registered with the registry.

A completed affidavit of paternity shall contain all of the following:

  • A statement by the mother consenting to the assertion of paternity and the identity of the father and acknowledging either of the following:
    • That the mother was unmarried at the time of conception, birth, and at any time during the period between conception and birth of the child
    • That the mother was married at the time of conception, birth, or at any time during the period between conception and birth of the child, and that a court order has ruled that the individual to whom the mother was married at that time is not the father of the child
  • A statement from the putative father that he is the father of the child
  • The name of the child at birth and the child’s birth date
  • The signatures of the mother and putative father
  • The Social Security numbers of the mother and putative father
  • The addresses of the mother and putative father, as available
  • The signature of a notary public attesting to the identities of the parties signing the affidavit

REVOCATION OF CLAIM TO PATERNITY

Citation: Ann. Stat. §§ 144.12A; 252A.3A

Information provided to the registry may be revoked by the registrant by submission of a written statement signed and acknowledged by the registrant before a notary public, as provided in chapter 9B. The statement shall include a declaration that to the best of the registrant’s knowledge, the registrant is not the father of the named child or that paternity of the true father has been established.

Revocation nullifies the registration and the information provided by the registrant shall be expunged. Revocation is effective only following the birth of the child.

An affidavit of paternity may be rescinded by a completed and notarized rescission form signed by either the mother or putative father stating that the putative father is not the father of the child. The form shall be filed with the state registrar prior to the earlier of the following:

  • Sixty days after the latest notarized signature of the mother or putative father on the affidavit of paternity
  • Entry of a court order establishing paternity

Unless there is a court order that legally established paternity, upon registration of a timely rescission form, the state registrar shall remove the father’s information from the certificate of birth.

If an affidavit of paternity has been rescinded, the state registrar shall not register any subsequent affidavit of paternity signed by the same mother and putative father relating to the same child.

ACCESS TO INFORMATION

Citation: Ann. Stat. § 144.12A

The department shall, upon request, provide the name, address, Social Security number, and any other identifying information of a registrant to:

  • The biological mother of the child
  • A court
  • The Department of Human Services
  • The attorney of any party to an adoption, termination of parental rights, or establishment of paternity or support action
  • The child support recovery unit for an action to establish paternity or support

The information shall not be divulged to any other person and shall be considered a confidential record as to any other person, except upon order of the court for good cause shown. If the registry has not received a declaration of paternity, the department shall provide a written statement to that effect to the person making the inquiry.


WHO MAY ADOPT, BE ADOPTED, OR PLACE A CHILD FOR ADOPTION IN IOWA

Last Updated December 2015

WHO MAY ADOPT

Citation: Ann. Stat. § 600.4

The following persons may adopt:

  • An unmarried adult
  • A husband and wife together
  • A husband or wife separately if the person to be adopted is not the spouse and if the adopting spouse is:
    • The stepparent
    • Separated from his or her spouse
    • Unable to obtain consent from his or her spouse due to prolonged absence, an unexplained absence, unavailability, incapacity of the spouse, or an unreasonable unwillingness to consent

WHO MAY BE ADOPTED

Citation: Ann. Stat. §§ 600.10; 600.3

The following persons may be adopted:

  • A minor who has resided with the adoptive parent for a minimum of 180 days, but this requirement may be waived for a stepparent or relative
  • An adult

WHO MAY PLACE A CHILD FOR ADOPTION

Citation: Ann. Stat. §§ 600.7; 600.7A

A child may be placed by or consent may be given by any of the following:

  • The guardian of the person to be adopted
  • The Department of Human Services
  • A licensed child-placing agency

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