• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Wrongful Adoption

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

C

Chris319

Guest
What is the name of your state? Iowa

I was wondering what the legal consequences are for a mother who gives a child up for adoption without telling the father. She knew who the father was but wasn’t ready for the responsibility, so she broke contact with the guy and told everyone she didn’t know who the father was. For some reason after she finished college, she told the father what she did. The father is both shocked and furious. Thanks
 


nextwife

Senior Member
Below is a summary of the Iowa Adoption statutes. You can visit the actual statute language if you want more detail. How long has it been since the adoption? Obviously you were not in touch with her or "in her life" at the time, or you would have known of the pregnancy. Review of the statute does not seem to show that the putative father needs to consent if unmarried.

http://www.adoptionsolutions.com/general/state laws/ia_law.htm
Iowa Adoption Statute Summary

Iowa Code Sections 600.1 to 600.24 (1997)

Who Can Adopt?
Any unmarried adult, or a husband and wife jointly, can adopt. A spouse can adopt separately if he or she is the stepparent of the adoptee, if he or she s separated from his or her spouse, or if the other spouse is unavailable, incapacitated, or has unreasonably withheld consent to the adoption.

Who Can Be Adopted?
Any person can be adopted.

Consent to Adoption
The following parties must give written consent to the adoption:

1. any guardian of the adoptee;
2. the spouse of a petitioner who is a stepparent;
3. the spouse of the adoptive parent who is separately adopting an adult adoptee; and
4. the adoptee, if 14 years of age or older.
Before the final adoption decree is issued a person may file with the court to have his consent withdrawn. If a person whose consent is required refuses to give consent or cannot be located, the court will make a determination if it is in the best interest of the child to be adopted without such consent.

Confidentiality
The adoption record must be sealed and cannot be opened for inspection and the identity of the natural parents cannot be revealed. The adoption record may be opened upon a court order upon a showing of good cause at the request of an adult adoptee.

Additionally, identifying information may be shared if the natural parent has placed in the adoption record written consent to reveal his or her identity to the adopted child at a specified age upon request of the child or if the adult adopted child has likewise consented to the revelation of his or her identity. Such consents are revocable at any time.

Nonidentifying information regarding the adoptee's medical and developmental history and the natural family's medical history can be made available to the adoptive parents, the adoptee if an adult, or any person approved by the Department using the information for research.

Permissible Fees
An adoptive parent must file with the court a full statement of all money or anything of value paid in connection with the adoption. These costs may only include those related to the birth, legal assistance, pregnancy-related medical care, limited living expenses, and relevant counseling services.

A biological parent cannot receive anything of value in exchange for placing the child for adoption (outside of the costs already listed). Any person assisting with the adoption cannot charge a fee that is more than usual compensation for necessary services.

Place of Adoption Hearing
The adoption hearing shall take place in the court of the county where the adult adoptee, the adoptive parents, or the guardian of the adoptee lives.

Authority To Place Child
There are no provisions in the law regarding who has authority to place a child for adoption.

Relative Adoption
Any preplacement investigation and report can be waived by the court if the adoptive parent is a relative or a stepparent.

Updated March 19, 1999
National Adoption Information Clearinghouse
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top