§ 600a-4

600A.4 Relationship unaltered — release of custody — voluntariness of release. 1. A parent shall not permanently alter the parent-child relationship, except as ordered by a juvenile court or court. However, custody of a minor child may be assumed by a stepparentor a relative of that child within the fourth degree of consanguinity or transferred by anacceptance of a release of custody. A person who assumes custody or an adoption serviceprovider which accepts a release of custody under this section becomes, upon assumption oracceptance, the custodian of the minor child. 2. A release of custody:a. Shall be accepted only by an adoption service provider.b. Shall not be accepted by a person who in any way intends to adopt the child who is the subject of the release. c. Shall be in writing.d. (1) Shall contain written acknowledgment of the biological parents that after the birth of the child three hours of counseling regarding the decision to release custody and thealternatives available have been offered to the biological parents by the department or anadoption service provider. The release of custody shall also contain written acknowledgmentof the acceptance or refusal of the

lable have been offered to the biological parents by the department or anadoption service provider. The release of custody shall also contain written acknowledgmentof the acceptance or refusal of the counseling by the biological parent. (2) If accepted, the counseling shall be provided after the birth of the child and prior to the signing of a release of custody or the filing of a petition for termination of parental rightsas applicable. Counseling shall be provided only by a person who is qualified under rulesadopted by the department which shall include a requirement that the person complete aminimum number of hours of training in the area of adoption-related counseling approvedby the department. If counseling is accepted, the counselor shall provide an affidavit, whichshall be attached to the release of custody, when practicable, certifying that the counselorhas provided the biological parent with the requested counseling and documentation that theperson is qualified to provide the requested counseling as prescribed by this paragraph 'd'.The requirements of this paragraph 'd' do not apply to a release of custody which is executedfor the purposes of a stepparent adoption. e.

the requested counseling as prescribed by this paragraph 'd'.The requirements of this paragraph 'd' do not apply to a release of custody which is executedfor the purposes of a stepparent adoption. e. Shall contain a notice to the biological parent that if the biological parent chooses to identify the other biological parent and knowingly and intentionally identifies a person whois not the other biological parent in the written release of custody or in any other documentrelated to the termination of parental rights proceedings, the biological parent who providesthe incorrect identifying information is guilty of a simple misdemeanor. f. Shall be accompanied by a contact preference form or medical history form completed by the biological parent of the person to be adopted and attached to the original certificateof birth as provided in section 144.24A. The contact preference form or medical historyform shall be attached to any termination of parental rights order issued pursuant to section600A.9. g. Shall be accompanied by a report which includes, to the extent available, the complete family medical and social history of the person to be adopted including any known genetic,metabolic,

n600A.9. g. Shall be accompanied by a report which includes, to the extent available, the complete family medical and social history of the person to be adopted including any known genetic,metabolic, or familial disorders and the complete medical and developmental history of theperson to be adopted, and a social history of the minor child and the minor child’s family butwhich does not disclose the identity of the biological parents of the person to be adopted. Thesocial history may include but is not limited to the minor child’s racial, ethnic, and religiousbackground and a general description of the minor child’s biological parents and an accountof the minor child’s prior and existing relationship with any relative, foster parent, or otherindividual with whom the minor child regularly lives or whom the child regularly visits. (1) A biological parent may also provide ongoing information to the adoptive parents, as additional medical or social history information becomes known, by providing informationto the clerk of court, the department, or the adoption service provider that made theplacement, and may provide the current address of the biological parent.

on becomes known, by providing informationto the clerk of court, the department, or the adoption service provider that made theplacement, and may provide the current address of the biological parent. The clerk of court,the department, or the adoption service provider that made the placement shall transmit theinformation to the adoptive parents if the address of the adoptive parents is known. (2) A person who furnishes a report required under this paragraph 'g' and the court shall not disclose any information upon which the report is based except as otherwise provided Sat Dec 23 11:13:48 2023 Iowa Code 2024, Section 600A.4 (25, 1) §600A.4, TERMINATION OF PARENTAL RIGHTS 2 in this section and such a person is subject to the penalties provided in section 600.16, asapplicable. A person who is the subject of any report may bring a civil action against a personwho discloses the information in violation of this section. (3) Information provided under this paragraph 'g' shall not be used as evidence in any civil or criminal proceeding against a person who is the subject of the information. (4) The department shall prescribe forms designed to obtain the family medical and social history

evidence in any civil or criminal proceeding against a person who is the subject of the information. (4) The department shall prescribe forms designed to obtain the family medical and social history and shall provide the forms at no charge to any adoption service provider or personwho executes a release of custody of the minor child or who files a petition for terminationof parental rights. The existence of this report does not limit a person’s ability to petition thecourt for release of records in accordance with other provisions of law. h. Shall be signed, not less than seventy-two hours after the birth of the child to be released, by all living parents. The seventy-two-hour minimum time period requirementshall not be waived. i. Shall be witnessed by two persons familiar with the parent-child relationship.j. Shall name the person who is accepting the release.k. Shall be followed, within a reasonable time, by the filing of a petition for termination of parental rights under section 600A.5. l. Shall state the purpose of the release, shall indicate that if it is not revoked it may be grounds for termination, and shall fully inform the signing parent of the manner in which

section 600A.5. l. Shall state the purpose of the release, shall indicate that if it is not revoked it may be grounds for termination, and shall fully inform the signing parent of the manner in which arevocation of the release may be sought. 3. Notwithstanding the provisions of subsection 2, the department or an adoption service provider may assume custody of a minor child upon the signature of the one living parentwho has possession of the minor child if the department or an adoption service providerimmediately petitions the juvenile court designated in section 600A.5 to be appointedcustodian and otherwise petitions, either in the same petition or within a reasonable timein a separate petition, for termination of parental rights under section 600A.5. Upon thecustody petition, the juvenile court may appoint a guardian as well as a custodian. 4. Either a parent who has signed a release of custody, or a nonsigning parent, may, at any time prior to the entry of an order terminating parental rights, request the juvenile courtdesignated in section 600A.5 to order the revocation of any release of custody previouslyexecuted by either parent.

ior to the entry of an order terminating parental rights, request the juvenile courtdesignated in section 600A.5 to order the revocation of any release of custody previouslyexecuted by either parent. If such request is by a signing parent, and is within ninety-sixhours of the time such parent signed a release of custody, the juvenile court shall order therelease revoked. Otherwise, the juvenile court shall order the release or releases revokedonly upon clear and convincing evidence that good cause exists for revocation. Good causefor revocation includes but is not limited to a showing that the release was obtained byfraud, coercion, or misrepresentation of law or fact which was material to its execution.In determining whether good cause exists for revocation, the juvenile court shall giveparamount consideration to the best interests of the child including avoidance of a disruptionof an existing relationship between a parent and child. The juvenile court shall also givedue consideration to the interests of the parents of the child and of any person standing inthe place of the parents. [S13, §3260-c; C24, §3665; C27, 31, 35, §3661-a82, -a83, -a86; C39, §3661.096, 3661.097, 3661.100;

to the interests of the parents of the child and of any person standing inthe place of the parents. [S13, §3260-c; C24, §3665; C27, 31, 35, §3661-a82, -a83, -a86; C39, §3661.096, 3661.097, 3661.100; C46, 50, 54, 58, 62, 66, 71, 73, 75, §238.25, 238.26, 238.29; C77, 79, 81, §600A.4] 92 Acts, ch 1192, §1, 5; 94 Acts, ch 1174, §14, 15, 22; 99 Acts, ch 138, §6; 2013 Acts, ch 30, §161; 2017 Acts, ch 113, §18 – 21; 2021 Acts, ch 113, §5; 2023 Acts, ch 19, §1258 Referred to in §144.24A, 232B.7, 600.8, 600.16, 600A.8, 600A.10Subsection 2, paragraph d, subparagraph (2) amended Sat Dec 23 11:13:48 2023 Iowa Code 2024, Section 600A.4 (25, 1)