Iowa Adoption Laws, Page 3

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Consent Laws

Who 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

Statute: § 600.7

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

When Parental Consent is not Needed

• A person refuses to consent or cannot be located to consent.
  
• The parent has signed a release of custody or petition to terminate rights.
  
• The parent has abandoned or failed to support the child.
  
• The parent is a chronic substance abuser.
  
• The parent has committed more than one act of domestic abuse.
  
• The parent has abducted, removed, or improperly retained the child.

When Consent Can Be Executed

Statute: § 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

• Consent by a minor must be executed in court. Consent by any other person may be executed in court or before a notary public.
  
• Consent shall contain written acknowledgment that 3 hours of counseling were offered to parents after the birth.
  
• Release shall be in writing, have two witnesses, shall name the person or agency accepting the release, state the purpose, and be followed by a petition for termination of parental rights within a reasonable period of time.

• A request to revoke consent may be made prior to termination of parental rights.
  
• If the request is made within 96 hours of executing the release, the court shall allow it.
  
• If the request is made after 96 hours, the court must find by clear and convincing evidence that good cause exists for revocation, such as fraud, coercion, or misrepresentation of fact.
  
• Consent may not be withdrawn after the filing of the final adoption decree.
  
  

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

Caring for Kids Adoptions

Serving birth parents & families in Ohio. Free services to birth parents.

http://www.cfkadopt.org

Dove Adoptions Int'l

Dedicated to seeking the best wel- fare for the children of the world.

www.adoptions.net

Adoption Attorney

The Law Office of Todd Kolarik Specializing in Adoption Disruption

www.tmklaw.com