Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Iowa may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Iowa child adoption law including such topics as adoption expenses and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 600.9(2)
Legal costs relating to termination of parental rights and adoption
Pregnancy and birth-related medical care for the birth mother and child
Living expenses of the mother, including room, board, food, and transportation for medical purposes only
Counseling provided to the birth parents
Foster care for the child, if needed
Birth Parent Expenses Not Allowed
Citation: § 600.9(2)
Living expenses other than those listed above, and not to extend beyond 30 days after the child's birth
Counseling beyond 60 days after the child's birth
Allowable Payments for Arranging Adoption
Citation: § 600.9(1)(b)
Any person assisting in the placement or adoption of a child shall not charge a fee that is more than usual, necessary, and commensurate with the services rendered.
Allowable Payments for Relinquishing Child
Citation: § 600.9(1)(a)
Except for an allowable expense, a birth parent shall not receive any thing of value for placing a child for adoption.
Accounting of Expenses Required by Court
Citation: § 600.9(2)
A petitioner shall file with the court a full accounting, in a report prescribed by the court, signed and verified, of all disbursements made in connection with the adoption.
Consent to Adoption
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
Age When Consent of Adoptee is Considered or Required
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A parent has signed a release of custody and the release has not been revoked.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.
A parent does not object to the termination, although every reasonable effort has been made to identify, locate, and give notice to that parent.
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 that is a criminal offense against a minor, the parent is divorced from or was never married to the minor's other parent, and the parent is serving a minimum
sentence of confinement of at least 5 years for that offense.
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.
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.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 144.12A(2)(a)
The putative father may file prior to the child's birth, but no later than the date of the filing of the petition for termination of rights.
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