1. If the petitioner is married, the petitioner must give legal notice to the spouse, in the
manner of an original notice, of the filing of the petition.
2. If the petition includes or is filed on behalf of a minor child fourteen years of age or
older, the child’s written consent to the change of name of that child is required.
3. If the petition includes or is filed on behalf of a minor child under fourteen, both parents
as stated on the birth certificate of the minor child shall file their written consent to the name
change. If one of the parents does not consent to the name change, a hearing shall be set on
the petition on twenty days’ notice to the nonconsenting parent pursuant to the rules of civil
procedure. At the hearing the court may waive the requirement of consent as to one of the
parents if it finds any of the following:
a. That the parent has abandoned the child.
b. That the parent has been ordered to contribute to the support of the child or to
financially aid in the child’s birth and has failed to do so without good cause.
c. That the parent does not object to the name change after having been given due and
proper notice.
[C73, 75, 77, 79, 81, §674.6; 81 Acts, ch 201, §3]
85 Acts, ch 99, §12; 2018 Acts, ch 1041, §113
\n
Notes of Decisions
Cited in
15
cases (
1 in the last 5 years), 1979–2022 · leading case:
Quirk v. Edwards, 504 N.W.2d 879 (Iowa 1993).
Quirk v. Edwards, 504 N.W.2d 879 (Iowa 1993).
· cites it 40× “Iowa Code § 674.6 . Waiver of the consent requirement is authorized only upon one of the following findings concerning the noncustodial parent: 1.”
Braunschweig v. Fahrenkrog, 773 N.W.2d 888 (Iowa 2009).
· cites it 22× “Iowa Code § 674.6 . The court may only waive the consent requirement if it finds: 1.”
In Re Name Change of Reindl, 671 N.W.2d 466 (Iowa 2003).
· cites it 19× “Iowa Code § 674.6 (emphasis added). Notwithstanding her contention that Joshua's consent was unnecessary, Jessica served him with the petition.”
In Re the Marriage of Gulsvig, 498 N.W.2d 725 (Iowa 1993).
· cites it 4× “The change of a minor's name may not be made unless the requirements of section 674.6 on notice and consent by the parents are met.”
In Re the Name of Staros, 280 N.W.2d 409 (Iowa 1979).
· cites it 3× “Section 674.6, The Code 1977. As the petitioner’s next friend, Ms.”
Benjegerdes v. Reindl, 671 N.W.2d 466 (Iowa 2003).
· cites it 19× “Iowa Code § 674.6 (emphasis added). Notwithstanding her contention that Joshua’s consent was unnecessary, Jessica served him with the petition.”
State v. Spencer, 737 N.W.2d 124 (Iowa 2007).
“§ 674.6. The legislature does not allow a minor to consent to an abortion procedure without parental notification or compliance with a judicial bypass procedure.”
Gail Ex Rel. Winemiller v. Winemiller, 464 N.W.2d 697 (Iowa Ct. App. 1990).
· cites it 4× “Iowa Code § 674.6 . The district court granted the petition for a name change on three grounds: 1) Richard had abandoned Henry; 2) Richard had failed to pay child support without good cause; and 3) it was in Henry’s best interest to have a name change because of the…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.