Iowa Adoption Laws, Page 3

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  • Consent may not be withdrawn after the filing of the final adoption decree.

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

 

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