Text: HF00452 Text: HF00454 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 453 1 2 1 3 AN ACT 1 4 RELATING TO THE GROUNDS FOR TERMINATION OF PARENTAL RIGHTS 1 5 OF A PUTATIVE FATHER. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 600A.2, subsection 18, Code 1997, is 1 10 amended by striking the subsection and inserting in lieu 1 11 thereof the following: 1 12 18. "To abandon a minor child" means that a parent, 1 13 putative father, custodian, or guardian rejects the duties 1 14 imposed by the parent-child relationship, guardianship, or 1 15 custodianship, which may be evinced by the person, while being 1 16 able to do so, making no provision or making only a marginal 1 17 effort to provide for the support of the child or to 1 18 communicate with the child. 1 19 Sec. 2. Section 600A.8, Code 1997, is amended by adding 1 20 the following new subsection: 1 21 NEW SUBSECTION. 3A. If the termination of parental rights 1 22 relates to a putative father and the putative father has 1 23 abandoned the child. For the purposes of this subsection, a 1 24 putative father is deemed to have abandoned a child as 1 25 follows: 1 26 a. (1) If the child is less than six months of age when 1 27 the termination hearing is held, a putative father is deemed 1 28 to have abandoned the child unless the putative father does 1 29 all of the following: 1 30 (a) Demonstrates a willingness to assume custody of the 1 31 child rather than merely objecting to the termination of 1 32 parental rights. 1 33 (b) Takes prompt action to establish a parental 1 34 relationship with the child. 1 35 (c) Demonstrates, through actions, a commitment to the 2 1 child. 2 2 (2) In determining whether the requirements of this 2 3 paragraph are met, the court may consider all of the 2 4 following: 2 5 (a) The fitness and ability of the putative father in 2 6 personally assuming custody of the child, including a personal 2 7 and financial commitment which is timely demonstrated. 2 8 (b) Whether efforts made by the putative father in 2 9 personally assuming custody of the child are substantial 2 10 enough to evince a settled purpose to personally assume all 2 11 parental duties. 2 12 (c) Whether the putative father publicly acknowledged 2 13 paternity or held himself out to be the father of the child 2 14 during the six continuing months immediately prior to the 2 15 termination proceeding. 2 16 (d) Whether the putative father paid a fair and reasonable 2 17 sum, in accordance with the putative father's means, for 2 18 medical, hospital, and nursing expenses incurred in connection 2 19 with the mother's pregnancy or with the birth of the child, or 2 20 whether the putative father demonstrated emotional support as 2 21 evidenced by the putative father's conduct toward the mother. 2 22 (e) Any measures taken by the putative father to establish 2 23 legal responsibility for the child. 2 24 (f) Any other factors evincing a commitment to the child. 2 25 b. If the child is six months of age or older when the 2 26 termination hearing is held, a putative father is deemed to 2 27 have abandoned the child unless the putative father maintains 2 28 substantial and continuous or repeated contact with the child 2 29 as demonstrated by contribution toward support of the child of 2 30 a reasonable amount, according to the putative father's means, 2 31 and as demonstrated by any of the following: 2 32 (1) Visiting the child at least monthly when physically 2 33 and financially able to do so and when not prevented from 2 34 doing so by the person having lawful custody of the child. 2 35 (2) Regular communication with the child or with the 3 1 person having the care or custody of the child, when 3 2 physically and financially unable to visit the child or when 3 3 prevented from visiting the child by the person having lawful 3 4 custody of the child. 3 5 (3) Openly living with the child for a period of six 3 6 months within the one-year period immediately preceding the 3 7 termination of parental rights hearing and during that period 3 8 openly holding himself out to be the father of the child. 3 9 c. The subjective intent of the putative father, whether 3 10 expressed or otherwise, unsupported by evidence of acts 3 11 specified in paragraph "a" or "b" manifesting such intent, 3 12 does not preclude a determination that the putative father has 3 13 abandoned the child. In making a determination, the court 3 14 shall not require a showing of diligent efforts by any person 3 15 to encourage the putative father to perform the acts specified 3 16 in paragraph "a" or "b". In making a determination, the court 3 17 may consider the conduct of the putative father toward the 3 18 child's mother during the pregnancy. Demonstration of a 3 19 commitment to the child is not met by the putative father 3 20 marrying the mother of the child after adoption of the child. 3 21 3 22 3 23 3 24 RON J. CORBETT 3 25 Speaker of the House 3 26 3 27 3 28 3 29 MARY E. KRAMER 3 30 President of the Senate 3 31 3 32 I hereby certify that this bill originated in the House and 3 33 is known as House File 453, Seventy-seventh General Assembly. 3 34 3 35 4 1 4 2 ELIZABETH ISAACSON 4 3 Chief Clerk of the House 4 4 Approved , 1997 4 5 4 6 4 7 4 8 TERRY E. BRANSTAD 4 9 Governor
Text: HF00452 Text: HF00454 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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