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Senate File 2338

Partial Bill History

Bill Text

PAG LIN
  1  1                                         SENATE FILE 2338  
  1  2 
  1  3                             AN ACT 
  1  4 RELATING TO ADOPTIONS INCLUDING THE PROCESS FOR ADOPTION OF A
  1  5    DECEASED PERSON AND RELATING TO THE ENTITIES RESPONSIBLE
  1  6    FOR ASSISTING IN INTERNATIONAL ADOPTIONS AND PROVIDING AN
  1  7    EFFECTIVE DATE.  
  1  8 
  1  9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 10 
  1 11    Section 1.  NEW SECTION.  600.12A  DEATH OF PERSON TO BE
  1 12 ADOPTED – PROCESS FOR FINAL ADOPTION DECREE.
  1 13    1.  If the person to be adopted dies following the filing
  1 14 of an adoption petition pursuant to section 600.3, but prior
  1 15 to issuance of a final adoption decree pursuant to section
  1 16 600.13, the court may waive any investigations and reports
  1 17 required pursuant to section 600.8 that remain uncompleted,
  1 18 waive the minimum residence requirements pursuant to section
  1 19 600.10, proceed to the adoption hearing, and issue a final
  1 20 adoption decree, unless any person to whom notice is to be
  1 21 provided pursuant to section 600.11 objects to the adoption.
  1 22    2.  A final adoption decree issued pursuant to this section
  1 23 terminates any parental rights existing prior to the time of
  1 24 its issuance and establishes the parent-child relationship
  1 25 between the adoption petitioner and the person adopted.
  1 26 However, the final adoption decree does not confer any rights
  1 27 on the adoption petitioner to the estate of the adopted person
  1 28 and does not confer any rights on the adopted person to the
  1 29 estate of the adoption petitioner.
  1 30    Sec. 2.  Section 600.15, Code 1997, is amended to read as
  1 31 follows:
  1 32    600.15  FOREIGN AND INTERNATIONAL ADOPTIONS.
  1 33    1.  a.  A decree establishing a parent-child relationship
  1 34 by adoption which is issued pursuant to due process of law by
  1 35 a court of any other jurisdiction in the United States shall
  2  1 be recognized in this state.
  2  2    b.  A decree terminating a parent-child relationship which
  2  3 is issued pursuant to due process of law by a court of any
  2  4 other jurisdiction in the United States shall be recognized in
  2  5 this state.
  2  6    c.  A document approved by the immigration and
  2  7 naturalization service of the United States department of
  2  8 justice shall be accepted by the department of human services
  2  9 in this state as evidence of termination of parental rights in
  2 10 a jurisdiction outside the United States and recognized in
  2 11 this state.
  2 12    2.  If an adoption has occurred in the minor person's
  2 13 country of origin, a further adoption must occur in the state
  2 14 where the adopting parents reside in accordance with the
  2 15 adoption laws of that state.
  2 16    3.  The department A licensed child placing agency as
  2 17 defined in section 238.2, a person making an independent
  2 18 placement as defined in section 600A.2, or an investigator may
  2 19 provide necessary assistance to an eligible citizen of Iowa
  2 20 who desires to, in accordance with the immigration laws of the
  2 21 United States, make an international adoption.  For any such
  2 22 assistance the department may charge a fee which does not
  2 23 exceed the reasonable cost of services rendered and which is
  2 24 based on a sliding scale relating to the investigated person's
  2 25 ability to pay.
  2 26    4.  Any rules of the department relating to placement of a
  2 27 minor child for adoption which are more restrictive than
  2 28 comparable rules of agencies making international placements
  2 29 and laws of the United States shall not be enforced by the
  2 30 department in an international adoption.
  2 31    Sec. 3.  EFFECTIVE DATE.  Section 1, creating section
  2 32 600.12A, being deemed of immediate importance, takes effect
  2 33 upon enactment.  
  2 34 
  2 35 
  3  1                                                             
  3  2                               MARY E. KRAMER
  3  3                               President of the Senate
  3  4 
  3  5 
  3  6                                                             
  3  7                               RON J. CORBETT
  3  8                               Speaker of the House
  3  9 
  3 10    I hereby certify that this bill originated in the Senate and
  3 11 is known as Senate File 2338, Seventy-seventh General Assembly.
  3 12 
  3 13 
  3 14                                                             
  3 15                               MARY PAT GUNDERSON
  3 16                               Secretary of the Senate
  3 17 Approved                , 1998
  3 18 
  3 19 
  3 20                         
  3 21 TERRY E. BRANSTAD
  3 22 Governor
     
Text: SF02337                           Text: SF02339
Text: SF02300 - SF02399                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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