Iowa Adoption Laws
By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024
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Adoption is a legal process through which you can grow your family by establishing a parent-child relationship. In the United States, each state sets its own laws that govern adoption, and state adoption laws vary. To understand Iowa's adoption laws, we have to examine the Iowa code. This FindLaw article explores Iowa's adoption laws and the process prospective parents face.
Adoption Basics
Although adoption laws vary from state to state, most adoptions share a few fundamentals. Every adoption will feature prospective adoptive parents and a prospective adoptee. The prospective adoptive parents must meet the state's eligibility criteria. Most adoptions require a termination of parental rights, which is often achieved through the consent of the birth parents.
Types of Adoptions in Iowa
The first step in a successful adoption is deciding to adopt. The second most important decision is choosing the type of adoption to pursue. Iowa offers the following types of adoptions:
- Private domestic adoption
- Foster care adoptions
- Step-parent adoptions
- Kinship adoptions
- International adoption
Private Domestic Adoption
This type is facilitated by private adoption agencies for non-foster care adoptions. In private domestic adoptions, the prospective adoptive parents work with the private adoption agency throughout the entire adoption process. Private agencies are often more expensive than other types of adoptions.
Foster Care Adoption
Foster care adoptions are a common type used by the state. Each state, like Iowa, has children in the foster care system. Although one of the primary purposes of foster care is to reunite children with their parents, this is not always possible. In foster care adoptions, you work with the state agency, like Iowa's Department of Human Services, throughout the adoption process.
Iowa offers financial assistance for adopting a child with special needs. The Iowa Adoption Subsidy can help make sure all kids have a chance to find a new home.
Step-parent Adoption
This occurs when someone adopts their spouse's child. Step-parent adoptions are more straightforward than other types of adoptions because the step-parent already lives with the minor child. This erases the need to find a child to adopt and often eliminates the need for a home study.
Kinship
In a kinship adoption, a close relative of the minor child adopts the child. Courts often limit the degree of relatives who can adopt the child (siblings, grandparents, aunts, and uncles). Kinship adoptions often provide safety to the minor child because they know their close relative.
International adoptions
You can adopt a minor child from a different country. Most international adoptions are private and subject to the laws of the child's country and our federal laws.
The Iowa Adoption Process
Prospective adoptive parents must meet Iowa's eligibility criteria before filing an adoption petition. The following people may adopt in Iowa.
- Unmarried adults
- Married couples jointly
- Married couples, separately, if any of the following apply:
- The adopting spouse is a step-parent
- The spouses separated for reasons other than abandonment
Iowa does not have a minimum age for adoption eligibility.
The second step in the Iowa adoption process is to attend an open house or information session to learn more about it. This will help you decide on the right type of adoption for you and your family.
Once you have selected a type of adoption and an adoption agency, you must complete pre-placement steps. This includes an adoption home study. The adoption agency will vet you and your family to ensure the adoptive family is a good placement for the child.
Agencies will look at your criminal history, paying special attention to any child abuse claims. After going through pre-placement activities and finding a child to adopt, the legal process can begin.
After finding a child to adopt, your next step is to file an adoption petition with the appropriate court. The adoption petition should address the following:
- The date and place of birth of the minor child
- Consent from birth parents/termination of biological parent's parental rights
- A description of the adoptive family's resources
- Whether or not the court should assign a guardian for the minor child
- The existence of any criminal convictions other than simple misdemeanor
- Consent of children 14 years of age and older
The Court will use the information in the adoption petition to decide in the best interest of the minor child. Adoptive families can expect an adoption hearing before the court renders a decision. If successful, the court will finalize the adoption at a finalization hearing.
The court will then issue a final adoption decree that often includes a name change for the adopted child. Most adoption agencies will follow up with post-placement visits to ensure a successful placement.
Iowa Adoption Statutes
Most adoption regulations exist at the state level and determine everything from who you can adopt to any special requirements for adoptive parents. State adoption laws can vary. It's important to know which guidelines apply to where you live. The chart below lists the details of Iowa's adoption statutes.
Iowa Adoption Code Sections |
Code of Iowa
|
---|---|
Who May Be Adopted |
Any person |
Age at Which the Child's Consent Is Required |
14 years and older |
Who May Adopt |
Unmarried adults; married couples jointly or separately |
Is Home Residency Required Before the Finalization of Adoption? |
Yes, for a period of 180 days; may shorten for good cause or if stepparent or related to the minor person within the fourth degree of consanguinity |
State Agency/Court |
Iowa Department of Health and Human Services/Juvenile court or district court |
Under Iowa law, unmarried adults may adopt. Both prospective parents must join in the adoption unless certain circumstances apply. Persons over the age of 14 must give their consent before the court can finalize the adoption. Adoptees must reside in their new home for 180 days before the court can finalize the adoption.
Planning To Adopt in Iowa? Get Legal Help From an Attorney
No two adoptions are alike. The process is complex and frustrating. Talking with an Iowa adoption attorney can make for a much smoother process. Adoption attorneys are experts in adoption law and can help you navigate the experience with sound legal advice. Put an Iowa adoption attorney to work for you.
Next Steps: Search for a Local Attorney
Contact a qualified attorney.
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