Termination of parental rights

The legal part of the adoption process is actually two-fold and begins with the termination of parental rights of the biological parents.  This is a completely voluntary and private legal process, based on the adoption plan made for the child.  Iowa law requires that the rights of the baby’s father must also be terminated before the adoption can occur. Sometimes this is not easy to accomplish if the father cannot reasonably be identified or located.  Termination of the father’s rights can still occur in such circumstances with proper notice and due process for the father.  All birthparents are advised that it is against the law to intentionally misidentify the other biological parent.  Obtaining medical and social history information from each biological parent is also required by law.  This information is vital to the child later on so it is best if the baby’s father will cooperate in the termination process whenever possible.

 Iowa law has a waiting period following birth before birthparents can sign papers to voluntarily release their parental rights to a child and begin the termination process. After signing, there are certain periods of time in which they may change their minds about the adoption, even up to the time of the final court hearing if there is good cause.  Birthparents do not ever have to appear in court to terminate their rights unless they choose to for any reason.  Once termination occurs, the court records become sealed.  Birthparents may place an affidavit in the termination records indicating their desire for their name to be revealed (or not) if the child, as an adult, later seek such information from the court.  The Vital Records Bureau of the Iowa Department of Health also maintains a voluntary contact registry for adults who were adopted and birthparents.