Iowa Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 600.7- 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
Statute: §§ 600.7; 600A.8- 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
Statute: §§ 600.7; 600A.4- 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.
Revocation of Consent
Statute: §§ 600.7; 600A.4- 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- Consent may not be withdrawn after the filing of the final adoption decree.
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