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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