HSB 154 (LSB 2530YC (2) 86)

HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON BALTIMORE)

A BILL FOR

An Act relating to the appointment of a guardian ad litem in an adoption proceeding.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600.5, Code 2015, is amended by adding the following new subsection:
   NEW SUBSECTION.  13.  If a guardian ad litem for the minor person to be adopted has not already been appointed and is not identified under subsection 4, any request and reasons for such an appointment.
    Sec. 2.  NEW SECTION.  600.10A  Appointment of guardian ad litem.

   If a guardian ad litem has not been appointed and is not identified in the adoption petition, but a request for such appointment was included in the adoption petition pursuant to section 600.5, prior to ordering a hearing on the adoption petition, the court shall make a determination of the need for a guardian ad litem for the minor person to be adopted and shall, in writing, either appoint or waive the appointment of a guardian ad litem for purposes of the adoption proceeding in the order setting the adoption hearing.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to the appointment of a guardian ad litem for a minor person in an adoption proceeding. The bill requires that the adoption petition include that if a guardian ad litem for the minor person to be adopted has not already been appointed and is not identified in the adoption petition, the adoption petition shall include any request and reasons for such appointment. The bill also provides that if a guardian ad litem has not been appointed and is not identified in the adoption petition, but a request for such appointment was included in the adoption petition, prior to ordering a hearing on the adoption petition, the court shall make a determination of the need for a guardian ad litem for the minor person to be adopted and shall, in writing, either appoint or waive the appointment of a guardian ad litem for purposes of the adoption proceeding in the order setting the adoption hearing.