Text: HF02175 Text: HF02177 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 2176 1 2 1 3 AN ACT 1 4 RELATING TO ABANDONMENT OF A CHILD AS GROUNDS FOR TERMINATION 1 5 OF PARENTAL RIGHTS. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 600A.8, subsection 3, Code 2003, is 1 10 amended by striking the subsection. 1 11 Sec. 2. Section 600A.8, subsection 4, Code 2003, is 1 12 amended to read as follows: 1 134.3.If the termination of parental rights relates to a1 14putative father and the putative fatherThe parent has 1 15 abandoned the child. For the purposes of this subsection, a 1 16putative fatherparent is deemed to have abandoned a child as 1 17 follows: 1 18 a. (1) If the child is less than six months of age when 1 19 the termination hearing is held, aputative fatherparent is 1 20 deemed to have abandoned the child unless theputative father1 21 parent does all of the following: 1 22 (a) Demonstrates a willingness to assume custody of the 1 23 child rather than merely objecting to the termination of 1 24 parental rights. 1 25 (b) Takes prompt action to establish a parental 1 26 relationship with the child. 1 27 (c) Demonstrates, through actions, a commitment to the 1 28 child. 1 29 (2) In determining whether the requirements of this 1 30 paragraph are met, the court may consider all of the 1 31 following: 1 32 (a) The fitness and ability of theputative fatherparent 1 33 in personally assuming custody of the child, including a 1 34 personal and financial commitment which is timely 1 35 demonstrated. 2 1 (b) Whether efforts made by theputative fatherparent in 2 2 personally assuming custody of the child are substantial 2 3 enough to evince a settled purpose to personally assume all 2 4 parental duties. 2 5 (c)WhetherWith regard to a putative father, whether the 2 6 putative father publicly acknowledged paternity or held 2 7 himself out to be the father of the child during the six 2 8 continuing months immediately prior to the termination 2 9 proceeding. 2 10 (d)WhetherWith regard to a putative father, whether the 2 11 putative father paid a fair and reasonable sum, in accordance 2 12 with the putative father's means, for medical, hospital, and 2 13 nursing expenses incurred in connection with the mother's 2 14 pregnancy or with the birth of the child, or whether the 2 15 putative father demonstrated emotional support as evidenced by 2 16 the putative father's conduct toward the mother. 2 17 (e) Any measures taken by theputative fatherparent to 2 18 establish legal responsibility for the child. 2 19 (f) Any other factors evincing a commitment to the child. 2 20 b. If the child is six months of age or older when the 2 21 termination hearing is held, aputative fatherparent is 2 22 deemed to have abandoned the child unless theputative father2 23 parent maintains substantial and continuous or repeated 2 24 contact with the child as demonstrated by contribution toward 2 25 support of the child of a reasonable amount, according to the 2 26putative father'sparent's means, and as demonstrated by any 2 27 of the following: 2 28 (1) Visiting the child at least monthly when physically 2 29 and financially able to do so and when not prevented from 2 30 doing so by the person having lawful custody of the child. 2 31 (2) Regular communication with the child or with the 2 32 person having the care or custody of the child, when 2 33 physically and financially unable to visit the child or when 2 34 prevented from visiting the child by the person having lawful 2 35 custody of the child. 3 1 (3) Openly living with the child for a period of six 3 2 months within the one-year period immediately preceding the 3 3 termination of parental rights hearing and during that period 3 4 openly holding himself or herself out to be thefatherparent 3 5 of the child. 3 6 c. The subjective intent of theputative fatherparent, 3 7 whether expressed or otherwise, unsupported by evidence of 3 8 acts specified in paragraph "a" or "b" manifesting such 3 9 intent, does not preclude a determination that theputative3 10fatherparent has abandoned the child. In making a 3 11 determination, the court shall not require a showing of 3 12 diligent efforts by any person to encourage theputative3 13fatherparent to perform the acts specified in paragraph "a" 3 14 or "b". In making a determination regarding a putative 3 15 father, the court may consider the conduct of the putative 3 16 father toward the child's mother during the pregnancy. 3 17 Demonstration of a commitment to the child is not met by the 3 18 putative father marrying the mother of the child after 3 19 adoption of the child. 3 20 3 21 3 22 3 23 CHRISTOPHER C. RANTS 3 24 Speaker of the House 3 25 3 26 3 27 3 28 JEFFREY M. LAMBERTI 3 29 President of the Senate 3 30 3 31 I hereby certify that this bill originated in the House and 3 32 is known as House File 2176, Eightieth General Assembly. 3 33 3 34 3 35 4 1 MARGARET THOMSON 4 2 Chief Clerk of the House 4 3 Approved , 2004 4 4 4 5 4 6 4 7 THOMAS J. VILSACK 4 8 Governor
Text: HF02175 Text: HF02177 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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