Iowa Code 600.13 – Adoption decrees
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Terms Used In Iowa Code 600.13
- Child: includes child by adoption. See Iowa Code 4.1
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
600.13 Adoption decrees.
1. At the conclusion of the adoption hearing, the juvenile court or court shall do one of the following:
a. Issue a final adoption decree.
b. Issue an interlocutory adoption decree.
c. Issue a standby adoption decree pursuant to § 600.14A.
d. Dismiss the adoption petition if the requirements of this chapter have not been met or if dismissal of the adoption petition is in the best interest of the person whose adoption has been petitioned. Upon dismissal, the juvenile court or court shall determine who is to be guardian or custodian of a minor child, including the adoption petitioner if it is in the best interest of the minor person whose adoption has been petitioned.
2. An interlocutory adoption decree automatically becomes a final adoption decree at a date specified by the juvenile court or court in the interlocutory adoption decree, which date shall not be less than one hundred eighty days nor more than three hundred sixty days from the date the interlocutory decree is issued. However, an interlocutory adoption decree may be vacated prior to the date specified for it to become final. Also, the juvenile court or court may provide in the interlocutory adoption decree for further observation, investigation, and report of the conditions of and the relationships between the adoption petitioner and the person petitioned to be adopted.
3. If an interlocutory adoption decree is vacated under subsection 2, it shall be void from the date of issuance and the rights, duties, and liabilities of all persons affected by it shall, unless they have become vested, be governed accordingly. Upon vacation of an interlocutory adoption decree, the juvenile court or court shall proceed under the provisions of subsection
1, paragraph “”d””.
4. A final adoption decree terminates any parental rights, except those of a spouse of the adoption petitioner, existing at the time of its issuance and establishes the parent-child relationship between the adoption petitioner and the person petitioned to be adopted. Unless otherwise specified by law, such parent-child relationship shall be deemed to have been created at the birth of the child.
5. a. An interlocutory or a final adoption decree shall be entered with the clerk of court. Such decree shall set forth any facts of the adoption petition which have been proven to the satisfaction of the juvenile court or court and any other facts considered to be relevant by the juvenile court or court and shall grant the adoption petition. If so designated in the adoption decree, the name of the adopted person shall be changed by issuance of that decree.
b. The clerk of the court shall, within thirty days of issuance, deliver one certified copy of any adoption decree to the petitioner, at no charge, one copy of any adoption decree to the department and any adoption service provider who placed a minor person for adoption, at no charge, and one certified copy of any adoption decree, and any contact preference form or medical history form associated with the certified copy of any adoption decree for the purposes of § 144.24A, to the state registrar of vital statistics to prepare a certificate of birth as prescribed in § 144.19.
c. Upon receipt of the certified copy of the adoption decree, the state registrar shall prepare a new birth certificate pursuant to § 144.23 and shall do one of the following, as applicable:
(1) Deliver to the parents named in the decree a copy of the new birth certificate along with a document, developed and furnished by the department, listing all postadoption services available to adoptive families in the state.
(2) Deliver to any adult person adopted by the decree a copy of the new birth certificate.
d. The parents shall pay the fee prescribed in § 144.46.
e. Upon receipt of the certified copy of the adoption decree, the state registrar shall also attach a copy of any contact preference form or medical history form included with the certified copy to the original certificate of birth for the purposes of § 144.24A.
f. If the person adopted was born outside this state but in the United States, the state registrar shall forward the certified copy of the adoption decree to the appropriate agency in the state of birth.
§600.13, ADOPTION 2
1. At the conclusion of the adoption hearing, the juvenile court or court shall do one of the following:
a. Issue a final adoption decree.
b. Issue an interlocutory adoption decree.
c. Issue a standby adoption decree pursuant to § 600.14A.
d. Dismiss the adoption petition if the requirements of this chapter have not been met or if dismissal of the adoption petition is in the best interest of the person whose adoption has been petitioned. Upon dismissal, the juvenile court or court shall determine who is to be guardian or custodian of a minor child, including the adoption petitioner if it is in the best interest of the minor person whose adoption has been petitioned.
2. An interlocutory adoption decree automatically becomes a final adoption decree at a date specified by the juvenile court or court in the interlocutory adoption decree, which date shall not be less than one hundred eighty days nor more than three hundred sixty days from the date the interlocutory decree is issued. However, an interlocutory adoption decree may be vacated prior to the date specified for it to become final. Also, the juvenile court or court may provide in the interlocutory adoption decree for further observation, investigation, and report of the conditions of and the relationships between the adoption petitioner and the person petitioned to be adopted.
3. If an interlocutory adoption decree is vacated under subsection 2, it shall be void from the date of issuance and the rights, duties, and liabilities of all persons affected by it shall, unless they have become vested, be governed accordingly. Upon vacation of an interlocutory adoption decree, the juvenile court or court shall proceed under the provisions of subsection
1, paragraph “”d””.
4. A final adoption decree terminates any parental rights, except those of a spouse of the adoption petitioner, existing at the time of its issuance and establishes the parent-child relationship between the adoption petitioner and the person petitioned to be adopted. Unless otherwise specified by law, such parent-child relationship shall be deemed to have been created at the birth of the child.
5. a. An interlocutory or a final adoption decree shall be entered with the clerk of court. Such decree shall set forth any facts of the adoption petition which have been proven to the satisfaction of the juvenile court or court and any other facts considered to be relevant by the juvenile court or court and shall grant the adoption petition. If so designated in the adoption decree, the name of the adopted person shall be changed by issuance of that decree.
b. The clerk of the court shall, within thirty days of issuance, deliver one certified copy of any adoption decree to the petitioner, at no charge, one copy of any adoption decree to the department and any adoption service provider who placed a minor person for adoption, at no charge, and one certified copy of any adoption decree, and any contact preference form or medical history form associated with the certified copy of any adoption decree for the purposes of § 144.24A, to the state registrar of vital statistics to prepare a certificate of birth as prescribed in § 144.19.
c. Upon receipt of the certified copy of the adoption decree, the state registrar shall prepare a new birth certificate pursuant to § 144.23 and shall do one of the following, as applicable:
(1) Deliver to the parents named in the decree a copy of the new birth certificate along with a document, developed and furnished by the department, listing all postadoption services available to adoptive families in the state.
(2) Deliver to any adult person adopted by the decree a copy of the new birth certificate.
d. The parents shall pay the fee prescribed in § 144.46.
e. Upon receipt of the certified copy of the adoption decree, the state registrar shall also attach a copy of any contact preference form or medical history form included with the certified copy to the original certificate of birth for the purposes of § 144.24A.
f. If the person adopted was born outside this state but in the United States, the state registrar shall forward the certified copy of the adoption decree to the appropriate agency in the state of birth.
§600.13, ADOPTION 2
g. A copy of any interlocutory adoption decree vacation shall be delivered and another birth certificate shall be prepared in the same manner as a certified copy of the adoption decree is delivered and the birth certificate was originally prepared.
[R60, §2601, 2602, 2603; C73, §2308, 2309, 2310; C97, §3251, 3252, 3253; S13, §3253; C24,
§10498, 10499, 10500; C27, 31, 35, §10501-b5, 10501-b6, 10501-b8; C39, §10501.5, 10501.6,
10501.8; C46, 50, 54, 58, 62, 66, 71, 73, 75, §600.5, 600.6, 600.8; C77, 79, 81, §600.13]
89 Acts, ch 140, §2; 99 Acts, ch 43, §2; 2000 Acts, ch 1145, §17; 2000 Acts, ch 1232, §83;
2001 Acts, ch 24, §69, 74; 2001 Acts, ch 57, §4; 2002 Acts, ch 1040, §3, 5; 2003 Acts, ch 44,
§101; 2017 Acts, ch 113, §9; 2018 Acts, ch 1045, §2; 2021 Acts, ch 113, §3
Referred to in §144.13A, 600.7, 600.7B, 600.12A