Iowa Laws

Access to Adoption Records

Obtaining Non-Identifying Information:

Adopted adults and birth parents may obtain non-identifying information.

Obtaining Identifying Information:

Adopted adults can receive information regarding the birth parents or birth siblings if they have filed a consent to the release of their information.
Legal Reference: http://www.legis.state.ia.us/IACODE/2001/600/16A.html

Using the Adoption Registry:

The following parties may register: Adult adoptees age 18 or older who were born in Iowa; birth parents of children born in Iowa who have reached age 18 and were adopted; adult birth siblings (age 18 or older) of adult adoptees. All blood-related children of a birth parent must be 18 or older before information is released. Individuals may register by submitting a $25 fee, notarized application, and certified copy of their birth certificate.

Contact:

Iowa Department of Public Health
Bureau of Vital Records
Adoption Registry Program
Lucas State Office Building, 1st Floor
Des Moines, Iowa 50319-0075
(515) 281-6263

Obtaining an Original Birth Certificate:

An adoptee must petition the court in which the adoption was finalized.

Accessing Adoption Records:

Adoption records are sealed and can only be opened by court order except if the adoption was final prior to July 4, 1941, and the adoption was not required to be sealed.

Statutes

Citation: Iowa Code (1999), Sections 600.1 to 600.25

Web Site: http://www2.legis.state.ia.us/Code.html

Consent Laws

WHO MUST CONSENT: § 600.7
• Any guardian.
• The spouse of a petitioner who is a stepparent.

CONSENT OF ADOPTEE: § 600.7
• A child 14 years or older must consent to the adoption.

WHEN PARENTAL CONSENT NOT NEEDED: § 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.
• 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 CONSENT CAN BE EXECUTED: § 600A.4(2)(g)
• Parental release of custody may not be executed until at least 72 hours after child's birth.

HOW CONSENT MUST BE EXECUTED: § 600.7
• Consent by a minor must be executed in court. Consent by any other person may be executed in court or before a notary public.
§ 600A.4
• 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.

REVOCATION OF CONSENT: § 600A.4
• 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.

Parties to Adoption

WHO MAY ADOPT: § 600.4
• An unmarried adult
• Husband and wife together
• Husband or wife separately under certain conditions.

WHO MAY BE ADOPTED: § 600.10
• A minor person who has lived with adoption petitioner a minimum of 180 days.

WHO MAY PLACE A CHILD: Not addressed in the statutes reviewed.

Putative Fathers

REGISTRY: Yes

REGISTRY/PATERNITY REQUIREMENTS TO RECEIVE NOTICE: §144.12A(2)
• May file prior to the child's birth, but no later than the date of the filing of the petition for termination of rights.

INFORMATION CONTAINED IN REGISTRY/CLAIM: §144.12A(3)
• Name, address, social security number, and any other identifying information requested for the putative father.

REVOCATION OF INFORMATION: §144.12A(5)
• Information may be revoked by submission of a written statement signed and acknowledged by putative father and notarized.
• Effective only after child's birth.

ACCESS TO INFORMATION: §144.12A(3)(4)
• Sent to birth mother.
• Court.
• Department of Human Services.
• Attorney.
• Child Support Recovery Unit.
• Any other person upon order of the court for good cause shown.

Regulation of Adoption Expenses

BIRTH PARENT EXPENSES ALLOWED: §600.9(2) Legal costs; pregnancy related medical care; living expenses of the mother; counseling provided to the birth parents; foster care for the child, if needed.

EXPENSES NOT ALLOWED: §600.9(2) Living expenses other than room and board, and not to extend beyond 30 days after child's birth; counseling beyond 60 days.

PAYMENTS FOR ARRANGING ADOPTION: §600.9 (1)(b) Any person assisting in the placement or adoption of a child shall not charge a fee that is more than usual, necessary, and commensurate with the services rendered.

PAYMENTS FOR RELINQUISHING CHILD: §600.9(1)(a) Except for an allowable expense, a birth parent shall not receive any thing of value for placing a child for adoption.

FEES CHARGED BY DEPARTMENT OR AGENCY: None are specified.

ACCOUNTING OF EXPENSES REQUIRED BY COURT: §600.9(2) A petitioner shall file with the court a full accounting of all disbursements made in connection with the adoption in a report prescribed by the court and signed and verified.