Iowa Code 600A.10 – Termination procedures — prohibited practices — penalty for violation
Current as of: 2023 | Check for updates
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1. Any biological parent who chooses to identify the other biological parent and who knowingly and intentionally identifies a person who is not the other biological parent in the written release of custody or in any other document related to the termination of parental rights proceedings is guilty of a serious misdemeanor.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class C felony | up to 10 years | between $1,370 and $13,660 |
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 600A.10
- Adoption service provider: means an agency or a licensed attorney. See Iowa Code 600A.2
- Biological parent: means a parent who has been a biological party to the procreation of the child. See Iowa Code 600A.2
- Child: means a son or daughter of a parent, whether by birth or adoption. See Iowa Code 600A.2
- Department: means the state department of human services or its subdivisions. See Iowa Code 600A.2
- 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
- Parent: means a father or mother of a child, whether by birth or adoption. See Iowa Code 600A.2
- 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
- Termination of parental rights: means a complete severance and extinguishment of a parent-child relationship between one or both living parents and the child. See Iowa Code 600A.2
2. Any person who signs or accepts a release of custody under section 600A.4 prior to the expiration of the seventy-two-hour period required is guilty of a serious misdemeanor.
3. a. All of the following are prohibited practices regarding a proceeding under this chapter:
(1) The provision of termination of parental rights, child placement, or adoption services to any biological or adoptive parent by any person other than an adoption service provider or the department.
(2) The charging of a fee by an adoption service provider that is more than the usual and necessary fee commensurate with the services rendered.
(3) The facilitation, encouragement, or advisement of adoptive parents by an adoption service provider to provide any thing of value beyond those expenditures allowed pursuant to section 600A.6C.
(4) The knowing encouragement or solicitation of payment of allowable expenses or provision of anything of value beyond those expenditures allowed pursuant to section 600A.6C, by a person falsely representing that a child may be available for adoption with the intent to defraud the other person.
b. A person who commits a prohibited practice under this subsection is guilty of a serious misdemeanor for the first violation and a class “C” felony for any second or subsequent violation.