Iowa Code 600.11 – Notice of adoption hearing
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 600.11
- Child: includes child by adoption. See Iowa Code 4.1
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Rule: includes "regulation". See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
600.11 Notice of adoption hearing.
1. The juvenile court or court shall set the time and place of the adoption hearing prescribed in § 600.12 upon application of the petitioner. The juvenile court or court may continue the adoption hearing if the notice prescribed in subsections 2 and 4 or subsections 3 and 4, as applicable, is given, except that such notice shall only be given at least ten days prior to the date which has been set for the continuation of the adoption hearing.
2. a. Unless the person to be adopted is an adult and subsection 3 is applicable, at least twenty days before the adoption hearing, a copy of the petition and its attachments and a notice of the adoption hearing shall be given by the adoption petitioner to all of the following: (1) A guardian, guardian ad litem if appointed for the adoption proceedings, and custodian of, and a person in a parent-child relationship with the person to be adopted. This subparagraph does not require notice to be given to a person whose parental rights have
been terminated with regard to the person to be adopted.
(2) Any person who is designated to make an investigation and report under § 600.8. (3) Any other person who is required to consent under § 600.7.
(4) A person who has been granted visitation rights with the child to be adopted pursuant to § 600C.1.
(5) A person who is ordered to pay support or a postsecondary education subsidy pursuant to § 598.21F, or chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter of the Code, for a person eighteen years of age or older who is being adopted by a stepparent, and the support order or order requires payment of support or postsecondary education subsidy for any period of time after the child reaches eighteen years of age.
b. (1) At least twenty days prior to the adoption hearing, a copy of the order setting the adoption hearing shall be provided to siblings of the person to be adopted when either of the following applies:
(a) The sibling and the person to be adopted have an existing relationship.
(b) There is a court finding that ongoing contact with the person to be adopted is in the best interest of each sibling and the person to be adopted was a minor child when the parents of the person to be adopted had their parental rights terminated subsequent to the person to be adopted having been adjudicated a child in need of assistance.
(2) Notwithstanding subsection 4, a copy of the order setting the adoption hearing may be provided to a sibling via ordinary mail if the sibling’s address is known. A copy of an order setting an adoption hearing sent to a sibling under ten years of age shall be addressed to the sibling’s custodian or guardian.
(3) This paragraph does not require a copy of the order setting the adoption hearing to be provided to any of the following:
(a) A person whose parental rights have been terminated with regard to the person to be adopted.
(b) Siblings who are placed with the sibling to be adopted at the time the court issued the order setting the adoption hearing.
(c) A previously adopted sibling, unless the siblings were the subjects of child in need of assistance or termination of parental rights proceedings that occurred at the same time.
c. Nothing in this subsection shall require the petitioner to give notice to self or to petitioner’s spouse. A duplicate copy of the petition and its attachments shall be mailed to the department by the clerk of court at the time the petition is filed.
3. If the person to be adopted is an adult, at least twenty days before the adoption hearing, a copy of the petition and its attachments and a notice of the adoption hearing shall be given by the adoption petitioner to the person to be adopted and any other person who is required to consent to the adoption under § 600.7.
4. A notice of the adoption hearing shall state the time, place, and purpose of the hearing and shall be served in accordance with rule of civil procedure 1.305. Proof of the giving of
1. The juvenile court or court shall set the time and place of the adoption hearing prescribed in § 600.12 upon application of the petitioner. The juvenile court or court may continue the adoption hearing if the notice prescribed in subsections 2 and 4 or subsections 3 and 4, as applicable, is given, except that such notice shall only be given at least ten days prior to the date which has been set for the continuation of the adoption hearing.
2. a. Unless the person to be adopted is an adult and subsection 3 is applicable, at least twenty days before the adoption hearing, a copy of the petition and its attachments and a notice of the adoption hearing shall be given by the adoption petitioner to all of the following: (1) A guardian, guardian ad litem if appointed for the adoption proceedings, and custodian of, and a person in a parent-child relationship with the person to be adopted. This subparagraph does not require notice to be given to a person whose parental rights have
been terminated with regard to the person to be adopted.
(2) Any person who is designated to make an investigation and report under § 600.8. (3) Any other person who is required to consent under § 600.7.
(4) A person who has been granted visitation rights with the child to be adopted pursuant to § 600C.1.
(5) A person who is ordered to pay support or a postsecondary education subsidy pursuant to § 598.21F, or chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter of the Code, for a person eighteen years of age or older who is being adopted by a stepparent, and the support order or order requires payment of support or postsecondary education subsidy for any period of time after the child reaches eighteen years of age.
b. (1) At least twenty days prior to the adoption hearing, a copy of the order setting the adoption hearing shall be provided to siblings of the person to be adopted when either of the following applies:
(a) The sibling and the person to be adopted have an existing relationship.
(b) There is a court finding that ongoing contact with the person to be adopted is in the best interest of each sibling and the person to be adopted was a minor child when the parents of the person to be adopted had their parental rights terminated subsequent to the person to be adopted having been adjudicated a child in need of assistance.
(2) Notwithstanding subsection 4, a copy of the order setting the adoption hearing may be provided to a sibling via ordinary mail if the sibling’s address is known. A copy of an order setting an adoption hearing sent to a sibling under ten years of age shall be addressed to the sibling’s custodian or guardian.
(3) This paragraph does not require a copy of the order setting the adoption hearing to be provided to any of the following:
(a) A person whose parental rights have been terminated with regard to the person to be adopted.
(b) Siblings who are placed with the sibling to be adopted at the time the court issued the order setting the adoption hearing.
(c) A previously adopted sibling, unless the siblings were the subjects of child in need of assistance or termination of parental rights proceedings that occurred at the same time.
c. Nothing in this subsection shall require the petitioner to give notice to self or to petitioner’s spouse. A duplicate copy of the petition and its attachments shall be mailed to the department by the clerk of court at the time the petition is filed.
3. If the person to be adopted is an adult, at least twenty days before the adoption hearing, a copy of the petition and its attachments and a notice of the adoption hearing shall be given by the adoption petitioner to the person to be adopted and any other person who is required to consent to the adoption under § 600.7.
4. A notice of the adoption hearing shall state the time, place, and purpose of the hearing and shall be served in accordance with rule of civil procedure 1.305. Proof of the giving of
§600.11, ADOPTION 2
notice shall be filed with the juvenile court or court prior to the adoption hearing. Acceptance of service by the party being given notice shall satisfy the requirements of this subsection.
[C27, 31, 35, §10501-b4; C39, §10501.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, §600.4; C77, 79,
81, §600.11]
94 Acts, ch 1174, §8, 22; 2000 Acts, ch 1145, §14; 2002 Acts, ch 1018, §20; 2005 Acts, ch 69,
§54; 2007 Acts, ch 218, §207; 2011 Acts, ch 34, §133; 2022 Acts, ch 1096, §9; 2023 Acts, ch
134, §3; 2023 Acts, ch 140, §9, 10
Referred to in §600.12, 600.12A, 600.14A
See Code editor’s note on simple harmonization at the beginning of this Code volume
Section amended