04.14.2021
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.
Last Updated March 2017
WHO MUST CONSENT TO AN ADOPTION
Citation: Ann. Stat. § 600.7
The following persons must consent to an adoption:
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:
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:
A release of custody shall:
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A consent to the adoption may be withdrawn prior to the issuance of an adoption decree by the filing of an affidavit of consent withdrawal with the court.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.
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.
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:
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:
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:
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:
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 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.
Last Updated December 2015
WHO MAY ADOPT
Citation: Ann. Stat. § 600.4
The following persons may adopt:
WHO MAY BE ADOPTED
Citation: Ann. Stat. §§ 600.10; 600.3
The following persons may be adopted:
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:
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