1. An action for the adoption of any natural person shall be commenced by the filing of an adoption petition, as prescribed in section 600.5, in the juvenile court or court of the county in which an adult person to be adopted is domiciled or resides, or in the juvenile court or court of the county in which the guardian of a minor person to be adopted or the petitioner is domiciled or resides.
2. a. An adoption petition shall not be filed until a termination of parental rights has been accomplished except in the following cases:
(1) No termination of parental rights is required if the person to be adopted is an adult.
(2) If the stepparent of the child to be adopted is the adoption petitioner, the parent-child relationship between the child and the parent who is not the spouse of the petitioner may be terminated as part of the adoption proceeding by the filing of that parent’s consent to the adoption.
(3) A termination of parental rights order is not required prior to the filing of an adoption petition if the adoption is a standby adoption as defined in section 600.14A.
b. For the purposes of this subsection, a consent to adopt recognized by the juvenile courts or courts of another jurisdiction in the United States and obtained from a resident of that jurisdiction shall be accepted in this state in lieu of a termination of parental rights proceeding.
c. Any adoption proceeding pending on or completed prior to July 1, 1978, is hereby legalized and validated to the extent that it is consistent with this subsection.
3. If upon filing of the adoption petition or at any later time in the adoption action the juvenile court or court finds that in the interest of substantial justice the adoption action should be conducted in another juvenile court or court, it may transfer, stay, or dismiss the adoption action on any conditions that are just.
4. An adoption petition shall be limited to the adoption of one natural person. [R60, §2600; C73, §2307; C97, §3250; C24, §10496; C27, 31, 35, §10501-b1; C39, §10501.1; C46, 50, 54, 58, 62, 66, 71, 73, 75, §600.1; C77, 79, 81, §600.3] 2000 Acts, ch 1145, §3; 2001 Acts, ch 57, §2; 2007 Acts, ch 71, §1 Referred to in §13B.9, 600.4, 600.5, 600.12A, 600A.9 \n
Notes of Decisions
In the Interest of B.G.C., 496 N.W.2d 239 (Iowa 1993).
· cites it 16× “1229, § 12 (now codified in Iowa Code § 600.3 (2)). The general rule is that [t]he state cannot interfere with the rights of natural parents simply to better the moral and temporal welfare of the child as against an unoffending parent, and, as a general rule, the court may not…”
In Re Adoption of Cheney, 59 N.W.2d 685 (Iowa 1953).
· cites it 32× “e: "* * * if the child be an orphan the name and place of residence of its guardian, if any, and if none, of its next of kin; the name of any licensed child-placing agency as defined in chapter 238 [Code 1946 (now 1950)], to which such child has been permanently committed or…”
Klobnock Ex Rel. Abbott, 303 N.W.2d 149 (Iowa 1981).
· cites it 9× “On August 6, 1979, as a prerequisite to adoption, section 600.3(2), The Code, Donald filed a petition under chapter 600A to terminate the parent-child relationship between Michael and Cody.”
Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013).
· cites it 2× “) (consent of both natural parents necessary); Iowa Code §§600.3 (2), 600A.2, 600A.8 (1977) (same); Ill.”
Herman v. McIver, 80 N.W.2d 500 (Iowa 1957).
· cites it 16× “The mother’s first objection to the proposed adoption, and the only one we find necessary to consider, is that the purported consent to adoption “is contrary to the laws and statutes of the State of Iowa, and is contrary to Section 600.3 of the 1954 Code of Iowa.” The same point…”
In Re Adoption of Moriarty, 152 N.W.2d 218 (Iowa 1967).
· cites it 11× “Section 600.3, omitting immaterial parts, provides: "* * * The consent of both parents shall be given to such adoption * * * unless the parents are not married to each other * * * or unless one or both of the parents have been deprived of the custody of the child by judicial…”
Schott v. Schott, 744 N.W.2d 85 (Iowa 2008).
· cites it 4× “See Iowa Code § 600.3 (1). Thus, the district court considering Heather’s petition erred by invalidating the adoptions.”
In Re the Marriage of Holcomb, 471 N.W.2d 76 (Iowa Ct. App. 1991).
· cites it 4× “See Iowa Code section 600.3(2)(b) which provides if the stepparent of the child to be adopted is the adoption petitioner, the parent-child relationship between the child and the parent who is not the spouse may be terminated as part of the adoption by the filing of the parent's…”
In Re Adoption of Chinn, 25 N.W.2d 735 (Iowa 1947).
· cites it 6× “asserted that he had twice attempted to visit the child but was unable to discover her whereabouts; and alleged he was no longer confined in jail, was regularly and gainfully employed, and was a suitable person to have the care and control óf said child:' Upon trial the court…”
In Re Adoption of Ellis, 149 N.W.2d 804 (Iowa 1967).
· cites it 8× “The question of the necessity for the father’s consent is controlled by section 600.3, Code, 1966. It provides in part: “The consent of both parties shall be given to such adoption unless * * * the parents are not married to each other, * * *.”
— Iowa Code § 600.3(2) — 3 cases
In the Interest of B.G.C., 496 N.W.2d 239 (Iowa 1993).
“1229, § 12 (now codified in Iowa Code § 600.3 (2)). The general rule is that [t]he state cannot interfere with the rights of natural parents simply to better the moral and temporal welfare of the child as against an unoffending parent, and, as a general rule, the court may not…”
Klobnock Ex Rel. Abbott, 303 N.W.2d 149 (Iowa 1981).
“On August 6, 1979, as a prerequisite to adoption, section 600.3(2), The Code, Donald filed a petition under chapter 600A to terminate the parent-child relationship between Michael and Cody.”
— Iowa Code § 600.3(2)(a) — 1 case
— Iowa Code § 600.3(2)(b) — 3 cases
In Re the Marriage of Holcomb, 471 N.W.2d 76 (Iowa Ct. App. 1991).
“See Iowa Code section 600.3(2)(b) which provides if the stepparent of the child to be adopted is the adoption petitioner, the parent-child relationship between the child and the parent who is not the spouse may be terminated as part of the adoption by the filing of the parent's…”
Schott v. Schott, 744 N.W.2d 85 (Iowa 2008).
“See Iowa Code § 600.3 (1). Thus, the district court considering Heather’s petition erred by invalidating the adoptions.”
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