Unregulated Custody Transfers of Adopted Children - Iowa

Definitions

Citation: Ann. Code § 600A.2

'To abandon a minor child' means that a parent, putative other parent, custodian, or guardian rejects the duties imposed by the parent-child relationship, guardianship, or custodianship, which may be evinced by the person, while being able to do so, making no provision or making only a marginal effort to provide for the support of the child or to communicate with the child.

Prohibited or Required Actions Regarding Custody

Citation: Ann. Code §§ 600A.4; 600A.10

A parent shall not permanently alter the parent-child relationship, except as ordered by a juvenile court or court.

A release of custody shall not be accepted by a person who in any way intends to adopt the child who is the subject of the release.

The provision of termination of parental rights, child placement, or adoption services to any biological or adoptive parent by any person other than an adoption service provider or the department is prohibited.

Exceptions

Citation: Ann. Code § 600A.4

Custody of a minor child may be assumed by a stepparent or a relative of that child within the fourth degree of consanguinity or transferred by an acceptance of a release of custody. A person who assumes custody or an adoption service provider that accepts a release of custody under this section becomes, upon assumption or acceptance, the custodian of the minor child.

Consequences

Citation: Ann. Code § 600A.10

A person who commits a prohibited practice under this subsection is guilty of a serious misdemeanor for the first violation and a class C felony for any second or subsequent violation.