Iowa Relinquishment, Consent, Revocation laws

Who Must Consent:

• 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.
  
  

Consent of Adoptee:

advertisement

A child 14 years or older must consent to the adoption.

When Parental Consent is Not Needed:

• A person refuses to consent or cannot be located to consent.
  
• The parent has signed a release of custody or petition to terminate rights.
  
• Parent has abandoned or failed to support the child.
  
• Parent is a chronic substance abuser.
  
• Parent has committed more than one act of domestic abuse.
  
• Parent has abducted, removed or improperly retained the child.
  
  

When Relinquishment Can Be Signed:

Parental release of custody may not be executed until at least 72 hours after child's birth.

How Relinquishment Must Be Signed:

• 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 2 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.
  

Time for Revocation:

• A request to revoke may be made prior to termination of parental rights.
  
• If the request is made within 96 hours of executing release, the court shall allow it.
  
• If made after 96 hours, the court must find by clear and convincing evidence good cause exists for revocation, such as fraud, coercion, or misrepresentation of fact.
  

Adapted from materials prepared by the National Adoption Information Clearinghouse.