Official State of Iowa Website

Voluntary Termination of Parental Rights for Adoption

In most cases, a child’s biological parent or parents must have their parental rights terminated by a court before the child can be adopted. fileadoc.png

Parental rights do not need to be terminated if the person being adopted is an adult. In other cases, the termination and adoption can occur at the same time, so a separate proceeding is not needed. These situations are:

  • Stepparent adoption with consent. If a stepparent brings an adoption action, and the parent of the child who the stepparent is not married to consents to the adoption, that parent’s rights can be terminated as part of the adoption. Iowa Code section 600.3.
    • For example: Shruti is married to Jason. Shruti has a son Ajay from her previous marriage to Norman. Jason wants to adopt Ajay, and Norman thinks that will be best for Ajay and consents to the adoption. Jason files a petition to adopt Ajay, and Norman consents to the adoption and to having his parental rights terminated.
  • Standby adoption. In the case of something called a “standby adoption.” This is a procedure used by a terminally ill parent to make sure their child is provided for after their death. Under a standby adoption, the terminally ill parent keeps their parental rights and the adoption is not final until either (1) the parent requests that the adoption be finalized, or (2) the parent dies. Iowa Code section 600.14A discusses standby adoptions.

For parents choosing to terminate their parental rights so that their child can be adopted, as long as the State of Iowa is not already involved for Child in Need of Assistance purposes, the termination will take place under Iowa Code chapter 600A.

All parents who are terminating their rights under Iowa Code Chapter 600A are offered a minimum of three hours of counseling, although the parents do not have to accept the counseling. Rule 441—200.2(600).

Parents must wait at least 72 hours after the child is born to sign a release of custody. The release of custody requirements are described in Iowa Code section 600A.4.

Either a parent who has signed a release of custody, or a parent who did not sign, can ask the court to revoke the release of custody at any time before the court enters an order terminating parental rights. If the request comes from a parent who signed the form, and the request is within 96 hours, the juvenile court must revoke the release. 

Otherwise, the juvenile court will revoke the releases only after finding clear and convincing evidence that good cause exists for revocation. Iowa Code section 600A.4(4).

Newborn Safe Haven Act

Information iconIn some cases, a new parent decides it is best for the child and parent for the parent to no longer have the child. This is an important law, because under Iowa Law, parents have both rights and responsibilities, and cannot generally simply leave their child with someone else.

Under the Save Haven Law, a child’s parents, or another person who has the parents’ authorization, can leave a baby up to 30 days old at a hospital or health care facility, or with a first responder who responds to a 911 call. Under this law, if the parent follows the law, the parent is not required to provide identifying information and cannot be charged with abandonment. Iowa’s Save Haven Act is located at Iowa Code chapter 233.    

The Iowa Department of Human Services provides more information about the Safe Haven Act here.