Iowa Code

Iowa Code § 598.31 (2026)

Children — legitimacy

✓ current as of July 2026
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Children born to the parties, or to the wife, in a marriage relationship which may be terminated or annulled pursuant to the provisions of this chapter shall be legitimate as to both parties, unless the court shall decree otherwise according to the proof. [C73, §2234, 2235; C97, §3185, 3186; C24, 27, 31, 35, 39, §10489, 10490; C46, 50, 54, 58, 62, 66, §598.22, 598.23; C71, 73, 75, 77, 79, 81, §598.31]

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Notes of Decisions
Cited in 7 cases, 1975–2014 · leading case: In the Interest of J.c, Minor Child. D.C., Father, 857 N.W.2d 495 (Iowa 2014).
In the Interest of J.c, Minor Child. D.C., Father, 857 N.W.2d 495 (Iowa 2014). · cites it 8× “”); id § 598.31 (“Children born to the parties, or to the wife, in a marriage relationship .”
Callender v. Skiles, 591 N.W.2d 182 (Iowa 1999). · cites it 4× “See Iowa Code § 598.31 . Chapter 252A applies to actions brought by the dependent person for whom the support is sought or by some public representative of the person.”
Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). · cites it 3× “16 § 598.31. Specifically, the legitimacy statute located in the dissolution chapter of the Iowa Code indicates: Children born to the parties, or to the wife, in a marriage relationship which may be terminated or annulled pursuant to the provisions of this chapter shall be…”
Catholic Charities of Archdiocese of Dubuque v. Zalesky, 232 N.W.2d 539 (Iowa 1975). · cites it 2× “Where the noticed-in putative father does not appear, or having appeared, denies he is the biological father, the court, upon finding proper notice and finding no one else who should be noticed in, also ought to be empowered to grant the petition.”
Jenkins v. Palmer, 902 F. Supp. 180 (N.D. Iowa 1994). · cites it 2× “Iowa Code § 598.31 . Therefore, the state concludes, this presumption makes the husband at the time of conception the “natural” parent.”
Amended: March 10, 2015 in the Interest of J.C., Minor Child. D.C., Father (Iowa 2014). · cites it 4× “§ 598.31 (“Children born to the parties, or to the wife, in a marriage relationship .”
In the Interest of J.C., Minor Child, D.C. (Iowa Ct. App. 2014). · cites it 2× “Specifically, Iowa Code section 598.31 provides the child “shall be legitimate as to both parties.”
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