Text: S03313 Text: S03315 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Amend House File 567, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 2, by inserting after line 16, the
1 4 following:
1 5 "Sec. . Section 600.3, subsection 2, Code 2001,
1 6 is amended by adding the following new paragraph:
1 7 NEW PARAGRAPH. c. A termination of parental
1 8 rights order is not required prior to the filing of an
1 9 adoption petition if the adoption is a standby
1 10 adoption as defined in section 600.14A.
1 11 Sec. 2. Section 600.6, Code 2001, is amended by
1 12 adding the following new subsection:
1 13 NEW SUBSECTION. 5. In the case of a standby
1 14 adoption as defined in section 600.14A, a form
1 15 completed by the terminally ill parent consenting to
1 16 termination of parental rights and adoption of the
1 17 child by a person or persons specified in the consent
1 18 form, effective at a future date when the terminally
1 19 ill parent of the child has died or requests that a
1 20 final adoption decree be issued.
1 21 Sec. 3. Section 600.13, subsection 1, Code 2001,
1 22 is amended by adding the following new paragraph after
1 23 paragraph "b" and relettering the subsequent
1 24 paragraph:
1 25 NEW PARAGRAPH. bb. Issue a standby adoption
1 26 decree pursuant to section 600.14A.
1 27 Sec. 4. NEW SECTION. 600.14A STANDBY ADOPTION.
1 28 1. As used in this section:
1 29 a. "Standby adoption" means an adoption in which a
1 30 terminally ill parent consents to termination of
1 31 parental rights and the issuance of a final adoption
1 32 decree effective upon the occurrence of a future
1 33 event, which is either the death of the terminally ill
1 34 parent or the request of the parent for the issuance
1 35 of a final adoption decree.
1 36 b. "Terminally ill parent" means an individual who
1 37 has a medical prognosis by a licensed physician that
1 38 the individual has an incurable and irreversible
1 39 condition which will lead to death.
1 40 2. A terminally ill parent may consent to
1 41 termination of parental rights and adoption of a child
1 42 under a standby adoption if the other parent of the
1 43 child is not living or the other parent has previously
1 44 had the parent's parental rights terminated.
1 45 3. A person who meets the qualifications to file
1 46 an adoption petition pursuant to section 600.4 may
1 47 file a petition for standby adoption. A standby
1 48 adoption shall comply with the requirements of
1 49 sections 600.7 through 600.12. However, the court may
1 50 order that the completion of placement investigations
2 1 and reports be expedited based on the circumstances of
2 2 a particular case. The court may waive the minimum
2 3 residence period requirement pursuant to section
2 4 600.10 to expedite the standby adoption if necessary.
2 5 4. If a consent to a standby adoption is attached
2 6 to an adoption petition pursuant to section 600.6, the
2 7 court determines that the requirements of this chapter
2 8 relative to a standby adoption are met, and the court
2 9 determines that the standby adoption is in the best
2 10 interest of the child to be adopted, the court shall
2 11 issue a standby adoption decree or a final adoption
2 12 decree. However, the terminally ill parent's parental
2 13 rights shall not be terminated and the standby
2 14 adoption shall not be finalized until the death of the
2 15 terminally ill parent or the request of the terminally
2 16 ill parent for issuance of the final adoption decree.
2 17 5. A standby adoption decree shall become final
2 18 upon notice of the death of the terminally ill parent
2 19 or upon the terminally ill parent's request that a
2 20 final adoption decree be issued. If the court
2 21 determines at the time of the notice or request that
2 22 the standby adoption is still in the best interest of
2 23 the child, the court shall issue a final adoption
2 24 decree."
2 25 #2. Title page, line 1, by inserting after the
2 26 word "Act" the following: "relating to adoption
2 27 including providing for standby adoptions and".
2 28 #3. By renumbering as necessary.
2 29
2 30
2 31
2 32 STEVEN D. HANSEN
2 33
2 34
2 35
2 36 JERRY BEHN
2 37 HF 567.703 79
2 38 pf/cls
Text: S03313 Text: S03315 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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