Terminating Parental Rights in Iowa
Parental rights can only be terminated in Iowa by a judge. Termination of parental rights makes a child eligible for adoption by others. If someone is seeking to have your parental rights terminated against your will, you can request a bench trial (a trial before a judge instead of a jury) where you present evidence that your rights should not be terminated.
In Iowa, low-income parents are entitled to court-appointed counsel to represent them in parental rights termination action. This means even if you cannot afford an attorney, you can ask the court to appoint one. You should ask the court to appoint the attorney right away. To get a court-appointed attorney, you will have to fill out and submit a financial affidavit, which is a document that provides the court with information about your finances. You can get this form from the clerk’s office.
Two chapters of the Iowa Code deal with terminating parental rights: Chapter 232 and Chapter 600A.
Terminations of parental rights actions occur under Chapter 232 for a “Child in Need of Assistance” (CINA), meaning the Iowa Department of Human Services is involved. Terminations of parental rights actions under Chapter 600A are sometimes referred to as private terminations, because it is not the state that is asking the court to terminate the parent’s rights.
The different types of termination involve different standards. The Iowa Supreme Court case of In re P.L., 778 N.W.2d 33 (Iowa 2010) explains the different standards and why they exist.
Termination of parental rights is a serious event that can have permanent implications for your rights and relationship with your child. For more information on termination of parental rights, see Iowa Legal Aid’s Termination of Parental Rights.
Native American parents dealing with termination of parental rights proceedings should additionally familiarize themselves with the Indian Child Welfare Act (ICWA). The Iowa Department of Human Services Employees’ Manual provides additional information on ICWA.
If you would like to learn more about terminating parental rights for adoption purposes, visit our Voluntary Termination of Parental Rights for Adoption page.