Bill Text: IA HF2328 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act providing for open adoptions and voluntary postadoption contact agreements relating to private termination of parental rights and adoption proceedings.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-02-13 - Introduced, referred to Judiciary. H.J. 257. [HF2328 Detail]
Download: Iowa-2017-HF2328-Introduced.html
House File 2328 - Introduced HOUSE FILE BY FRY A BILL FOR 1 An Act providing for open adoptions and voluntary postadoption 2 contact agreements relating to private termination of 3 parental rights and adoption proceedings. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5897YH (5) 87 pf/rh PAG LIN 1 1 Section 1. Section 144.24, Code 2018, is amended to read as 1 2 follows: 1 3 144.24 Substituting new for original birth certificates ==== 1 4 inspection. 1 5 If a new certificate of birth is established, the actual 1 6 place and date of birth shall be shown on the certificate. 1 7 The certificate shall be substituted for the original 1 8 certificate of birth. Thereafter, the original certificate 1 9 and the evidence of adoption, paternity, legitimation, or 1 10 sex change shall not be subject to inspection except under 1 11 order of a court of competent jurisdiction, including but 1 12 not limited to an order issued pursuant to section 600.16A, 1 13 as provided in an open adoption to the extent specifically 1 14 allowed in a voluntary postadoption contact agreement pursuant 1 15 to section 600.12B, or as provided by administrative rule 1 16 for statistical or administrative purposes only. However, 1 17 the state registrar shall, upon the application of an adult 1 18 adopted person, a biological parent, an adoptive parent, or 1 19 the legal representative of the adult adopted person, the 1 20 biological parent, or the adoptive parent, inspect the original 1 21 certificate and the evidence of adoption and reveal to the 1 22 applicant the date of the adoption and the name and address of 1 23 the court which issued the adoption decree. 1 24 Sec. 2. Section 600.2, subsection 1, Code 2018, is amended 1 25 to read as follows: 1 26 1. "Child", "parent", "parent=child relationship", 1 27 "termination of parental rights", "biological parent", 1 28 "stepparent", "guardian", "custodian", "guardian ad litem", 1 29 "minor", "adoption service provider", "certified adoption 1 30 investigator", "adult", "agency", "department", "court", and 1 31 "juvenile court", "gestational carrier", "open adoption", and 1 32 "voluntary postadoption contact agreement", mean the same as 1 33 defined in section 600A.2. 1 34 Sec. 3. Section 600.5, Code 2018, is amended by adding the 1 35 following new subsection: 2 1 NEW SUBSECTION. 14. Whether the adoptive parent and 2 2 any biological parent of the child are establishing an open 2 3 adoption and entering into a voluntary postadoption contact 2 4 agreement. 2 5 Sec. 4. Section 600.6, Code 2018, is amended by adding the 2 6 following new subsection: 2 7 NEW SUBSECTION. 6. A copy of any voluntary postadoption 2 8 contact agreement for which the adoptive parent and any 2 9 biological parent requires the approval of the juvenile court 2 10 or court. 2 11 Sec. 5. NEW SECTION. 600.12B Open adoption ==== voluntary 2 12 postadoption contact agreement. 2 13 1. Open adoption ==== voluntary postadoption contact agreement. 2 14 a. An adoptive parent of a child may enter into an open 2 15 adoption by executing a voluntary postadoption contact 2 16 agreement with any biological parent of the child, unless the 2 17 adoption involves a gestational carrier or if the biological 2 18 parent's parental rights were terminated pursuant to chapter 2 19 232. 2 20 b. An adoption service provider shall, prior to or at the 2 21 time of seeking a release of custody under section 600A.4, 2 22 provide notification to an adoptive parent and any biological 2 23 parent that, subject to court approval, the parties may enter 2 24 into a voluntary postadoption contact agreement. 2 25 c. If a child is fourteen years of age or older at the time 2 26 of the issuance of an adoption decree, the child must consent 2 27 to the voluntary postadoption contact agreement. 2 28 2. Prohibited provisions of a voluntary postadoption contact 2 29 agreement. The juvenile court or court shall not approve a 2 30 voluntary postadoption contact agreement that provides for any 2 31 of the following: 2 32 a. That the biological parent is allowed unsupervised 2 33 visitation with the child at any time. 2 34 b. That the biological parent may reasonably expect the 2 35 child to refer to the biological parent as "mother", "father", 3 1 or any derivative of those terms. 3 2 c. That the biological parent may share pictures or videos 3 3 of the child on any social media platform. 3 4 d. That the adoptive parent is in any way prohibited from 3 5 relocating. 3 6 e. That the biological parent retains any rights generally 3 7 reserved to a parent. 3 8 3. Approval of a voluntary postadoption contact 3 9 agreement. The juvenile court or court shall approve a 3 10 voluntary postadoption contact agreement required to be filed 3 11 as an attachment to an adoption petition pursuant to section 3 12 600.6, if the juvenile court or court determines that all of 3 13 the following conditions are met: 3 14 a. The agreement has been entered into knowingly and 3 15 voluntarily by all parties and is accompanied by an affidavit 3 16 made under oath that affirmatively states the agreement was 3 17 entered into knowingly and voluntarily and is not the product 3 18 of coercion, fraud, or duress. The affidavit may be executed 3 19 jointly or separately by the biological parent and the adoptive 3 20 parent. 3 21 b. The agreement specifically advises the biological parent 3 22 that the agreement is based on the personal circumstances of 3 23 the parties at the time the agreement is entered into, and 3 24 that continuation of the agreement is subject to the adoptive 3 25 parent's continuing assessment that such agreement is in the 3 26 best interest of the child. 3 27 c. The agreement does not contain any of the prohibited 3 28 conditions specified in subsection 2. 3 29 d. The agreement is otherwise in the best interest of the 3 30 child. In making this determination, the factors that the 3 31 juvenile court or court shall consider but is not limited to 3 32 considering include: 3 33 (1) The stated desires of the adoptive parent and the 3 34 biological parent. 3 35 (2) The willingness and ability of the biological parent to 4 1 respect and appreciate the parent=child relationship between 4 2 the child and the adoptive parent. 4 3 (3) The willingness and ability of the adoptive parent to 4 4 respect and appreciate the benefit to the child of continuing 4 5 contact between the child and the biological parent. 4 6 (4) Any evidence of abuse or neglect of the child by the 4 7 biological parent. 4 8 (5) Any history of alcohol or substance abuse on the part of 4 9 the biological parent. 4 10 (6) Any other factor the court deems relevant. 4 11 4. Legal effect of voluntary postadoption contact 4 12 agreement. A voluntary postadoption contact agreement shall not 4 13 be legally enforceable unless approved by the juvenile court or 4 14 court. Such agreement shall not be entered into by the parties 4 15 until the parental rights of the biological parents have been 4 16 terminated and all time frames for appeal or vacation of the 4 17 termination of parental rights order have expired. The fact 4 18 that a biological parent believes that a prospective adoptive 4 19 parent will agree to enter into a voluntary postadoption 4 20 contact agreement and later does not agree to enter into such 4 21 an agreement, or the refusal of an adoptive parent to enter 4 22 into such an agreement, shall not be considered fraud and does 4 23 not otherwise constitute good cause pursuant to section 600A.4, 4 24 subsection 4, for the purposes of revocation of a release of 4 25 custody previously executed. 4 26 5. Termination or modification of voluntary postadoption 4 27 contact agreement ==== recourse for adoptive parent. Following 4 28 approval of a voluntary postadoption contact agreement by the 4 29 juvenile court or court, if an adoptive parent reasonably 4 30 believes that it is no longer in the best interest of the 4 31 child for the adoptive parent to comply with the terms of the 4 32 agreement, the adoptive parent may do any of the following: 4 33 a. Notify the biological parent, in writing, of the 4 34 determination that compliance with the agreement is no 4 35 longer in the best interest of the child and the reasons 5 1 for the determination, and provide the biological parent the 5 2 opportunity to address the reasons for the determination. 5 3 b. Petition the juvenile court or court to modify or 5 4 terminate the agreement. Only an adoptive parent may file 5 5 a petition to modify or terminate a voluntary postadoption 5 6 contact agreement. 5 7 (1) An action to modify or terminate a voluntary 5 8 postadoption contact agreement shall be brought in the juvenile 5 9 court or court of the county in which the adoption decree was 5 10 entered or in which the adopted child resides. There shall be 5 11 a rebuttable presumption that the adoptive parent's request to 5 12 modify or terminate the agreement is in the best interest of 5 13 the child. 5 14 (2) Following notice and hearing, the juvenile court or 5 15 court may grant an order to modify or terminate a voluntary 5 16 postadoption contact agreement, if the court finds by clear 5 17 and convincing evidence that the modification or termination 5 18 is in the best interest of the child. If the action involves 5 19 a child fourteen years of age or older, the juvenile court or 5 20 court shall consider the stated objections of the child in 5 21 determining the best interest of the child. 5 22 6. Refusal to comply with a voluntary postadoption contact 5 23 agreement ==== recourse for biological parent. Following approval 5 24 of a voluntary postadoption contact agreement by the juvenile 5 25 court or court, if a biological parent reasonably believes 5 26 an adoptive parent is improperly refusing to comply with the 5 27 agreement, the biological parent may petition the juvenile 5 28 court or court to compel the adoptive parent to comply with 5 29 the terms of the agreement. The action to compel compliance 5 30 with the voluntary postadoption contact agreement shall be 5 31 brought in the juvenile court or court of the county in which 5 32 the adoption decree was entered or in which the adopted child 5 33 resides. 5 34 a. In any action to compel compliance under this subsection, 5 35 the burden of proof shall be on the biological parent to 6 1 show by clear and convincing evidence that a continuation of 6 2 the voluntary postadoption contact agreement is in the best 6 3 interest of the child. There shall be a rebuttable presumption 6 4 that the adoptive parent's failure to comply with the agreement 6 5 is in the best interest of the child. 6 6 b. If the action involves a child fourteen years of age or 6 7 older, the juvenile court or court shall consider the stated 6 8 objections of the child in determining the best interest of the 6 9 child. 6 10 c. The best interest of the child shall be the paramount 6 11 factor in determining whether the terms of the voluntary 6 12 postadoption contact agreement should be enforced. 6 13 d. Any action brought by a biological parent to enforce the 6 14 terms of a voluntary postadoption contact agreement shall be 6 15 tried in equity and the appointment of counsel by the court to 6 16 represent the interest of the biological parent is not required 6 17 regardless of the financial circumstances of the biological 6 18 parent. 6 19 e. If the juvenile court or court determines by clear and 6 20 convincing evidence that an adoptive parent is violating a 6 21 court=ordered voluntary postadoption contact agreement and the 6 22 violation is contrary to the best interest of the child, the 6 23 court may do any of the following: 6 24 (1) Require the adoptive parent to immediately comply with 6 25 the agreement. 6 26 (2) Order the adoptive parent to participate in counseling 6 27 or mediation with the biological parent to resolve the dispute 6 28 which led to the adoptive parent's failure to comply with the 6 29 agreement. 6 30 f. (1) After notice and hearing, if the court orders an 6 31 adoptive parent to comply with the voluntary postadoption 6 32 contact agreement or to participate in counseling or mediation 6 33 with the biological parent pursuant to paragraph "e", but 6 34 the adoptive parent willfully and intentionally continues to 6 35 violate the court order to comply or participate, the adoptive 7 1 parent may be held in contempt and punished in accordance with 7 2 chapter 665. 7 3 (2) Failure of an adoptive parent to comply with a court 7 4 order to comply with the voluntary postadoption contact 7 5 agreement or to participate in counseling or mediation, even 7 6 after being held in contempt, shall not be grounds for setting 7 7 aside an adoption decree. 7 8 Sec. 6. Section 600.16, Code 2018, is amended by adding the 7 9 following new subsection: 7 10 NEW SUBSECTION. 5. Notwithstanding any provision to the 7 11 contrary, this section shall not apply to an open adoption 7 12 to the extent disclosure of information otherwise protected 7 13 under this section is specifically allowed in a voluntary 7 14 postadoption contact agreement. 7 15 Sec. 7. Section 600.16A, Code 2018, is amended by adding the 7 16 following new subsection: 7 17 NEW SUBSECTION. 7. Notwithstanding any provision to the 7 18 contrary, this section shall not apply to an open adoption 7 19 to the extent disclosure of information otherwise protected 7 20 under this section is specifically allowed in a voluntary 7 21 postadoption contact agreement. 7 22 Sec. 8. Section 600A.2, Code 2018, is amended by adding the 7 23 following new subsections: 7 24 NEW SUBSECTION. 9A. "Gestational carrier" means a woman 7 25 who carries a fertilized embryo, to which she has no biological 7 26 relationship, to term. 7 27 NEW SUBSECTION. 14A. "Open adoption" means an agreement, 7 28 the specific terms of which shall be incorporated into a 7 29 voluntary postadoption contact agreement, between one or both 7 30 biological parents and an adoptive parent of a child that 7 31 allows a biological parent to maintain contact with the adopted 7 32 child and establish a nonparental relationship with the child 7 33 following adoption. 7 34 NEW SUBSECTION. 21. "Voluntary postadoption contact 7 35 agreement" means a voluntary written agreement between an 8 1 adoptive parent and a biological parent whose rights have been 8 2 terminated pursuant to chapter 600A, that is approved by the 8 3 court and provides for continuing contact or communication 8 4 between the child and the biological parent or between the 8 5 adoptive parent and the biological parent. 8 6 Sec. 9. Section 600A.4, subsection 2, Code 2018, is amended 8 7 by adding the following new paragraph: 8 8 NEW PARAGRAPH. l. Shall state that a biological parent 8 9 was informed of the possibility of entering into a voluntary 8 10 postadoption contact agreement with the adoptive parent, 8 11 subject to approval of the juvenile court or court. The 8 12 biological parent shall be informed that a voluntary 8 13 postadoption contact agreement shall not be entered into 8 14 until the parental rights of the biological parents have been 8 15 terminated and all time frames for appeal or vacation of the 8 16 termination of parental rights order have expired. The fact 8 17 that a biological parent believes that a prospective adoptive 8 18 parent will agree to enter into a voluntary postadoption 8 19 contact agreement but later does not agree to enter into such 8 20 an agreement, or the refusal of an adoptive parent to enter 8 21 into such an agreement, shall not be considered fraud and does 8 22 not otherwise constitute good cause pursuant to subsection 8 23 4 for the purposes of revocation of a release of custody 8 24 previously executed. 8 25 EXPLANATION 8 26 The inclusion of this explanation does not constitute agreement with 8 27 the explanation's substance by the members of the general assembly. 8 28 This bill provides for open adoptions and voluntary 8 29 postadoption contact agreements relative to private termination 8 30 of parental rights and adoption proceedings. 8 31 The bill provides definitions used in the bill including 8 32 "gestational carrier", "open adoption", and "voluntary 8 33 postadoption contact agreement". 8 34 The bill requires that an adoption petition include a 8 35 statement as to whether the adoptive parent and any biological 9 1 parent of the child are establishing an open adoption and 9 2 entering into a voluntary postadoption contact agreement. 9 3 Additionally, a copy of the voluntary postadoption contact 9 4 agreement, for which the adoptive parent and any biological 9 5 parent requires the approval of the juvenile court or court, 9 6 must be attached to the adoption petition. 9 7 The bill provides that an adoptive parent of a child 9 8 may enter into an open adoption by executing a voluntary 9 9 postadoption contact agreement with any biological parent 9 10 of the child, unless the adoption involves a gestational 9 11 carrier or if the biological parent's parental rights were 9 12 terminated pursuant to Code chapter 232 (juvenile justice). 9 13 An adoption service provider is required, prior to or at the 9 14 time of seeking a release of custody, to provide notification 9 15 to an adoptive parent and any biological parent that, subject 9 16 to court approval, the parties may enter into a voluntary 9 17 postadoption contact agreement. Such agreement shall not be 9 18 entered into by the parties until the parental rights of the 9 19 biological parents have been terminated and all time frames 9 20 for appeal or vacation of the termination of parental rights 9 21 order have expired. The fact that a biological parent believes 9 22 that a prospective adoptive parent will agree to enter into a 9 23 voluntary postadoption contact agreement but later does not 9 24 agree to enter into such an agreement, or the refusal by the 9 25 adoptive parent to enter into a voluntary postadoption contact 9 26 agreement, shall not be considered fraud and does not otherwise 9 27 constitute good cause for the purposes of revocation of a 9 28 release of custody. If a child who is being adopted is 14 years 9 29 of age or older at the time of the issuance of an adoption 9 30 decree, the child must consent to the voluntary postadoption 9 31 contact agreement. 9 32 The bill specifies certain prohibited provisions from 9 33 being included in a voluntary postadoption contact agreement, 9 34 and requires approval of the agreement, which was filed as 9 35 an attachment to the adoption petition, by a juvenile court 10 1 or court based on certain factors in order to be legally 10 2 enforceable, including that the agreement is in the best 10 3 interest of the child. 10 4 The bill provides recourse for the adoptive parent to 10 5 either notify the biological parent to informally address 10 6 issues relating to compliance with a voluntary postadoption 10 7 contract agreement, or to petition the juvenile court or 10 8 court to modify or terminate a voluntary postadoption contact 10 9 agreement following approval by the juvenile court or court, 10 10 if an adoptive parent reasonably believes that it is no longer 10 11 in the best interest of the child for the adoptive parent to 10 12 comply with the terms of the agreement. Additionally, the 10 13 bill provides recourse for a biological parent to petition the 10 14 juvenile court or court to compel an adoptive parent to comply 10 15 with the agreement if a biological parent reasonably believes 10 16 an adoptive parent is improperly refusing to comply with the 10 17 agreement. The court's decision in both cases is based on 10 18 the best interest of the child, and if the action involves a 10 19 child 14 years of age or older, the juvenile court or court 10 20 shall consider input from the child in determining what is in 10 21 the child's best interest. If the juvenile court or court 10 22 determines by clear and convincing evidence that an adoptive 10 23 parent is violating a court=ordered voluntary postadoption 10 24 contact agreement and the violation is contrary to the best 10 25 interest of the child, the court may require the adoptive 10 26 parent to immediately comply with the agreement or order the 10 27 adoptive parent to participate in counseling or mediation with 10 28 the biological parent to resolve the dispute which led to the 10 29 adoptive parent's failure to comply with the agreement. After 10 30 notice and hearing, if the court orders an adoptive parent to 10 31 comply with the voluntary postadoption contact agreement or 10 32 to participate in counseling or mediation with the biological 10 33 parent, but the adoptive parent willfully and intentionally 10 34 continues to violate the court order to comply with the 10 35 voluntary postadoption contact agreement or participate 11 1 in counseling or mediation with the biological parent, the 11 2 adoptive parent may be held in contempt. However, failure of 11 3 an adoptive parent to comply with a court order to comply with 11 4 the voluntary postadoption contact agreement or to participate 11 5 in counseling or mediation, even after being held in contempt, 11 6 shall not be grounds for setting aside an adoption decree. 11 7 The bill also provides that the disclosure of certain 11 8 information relating to adoption records and termination of 11 9 parental rights records is inapplicable to an open adoption to 11 10 the extent the disclosure of information otherwise protected 11 11 is specifically allowed in the voluntary postadoption 11 12 contact agreement. The bill also makes conforming changes 11 13 in Code section 144.24 (substituting new for original 11 14 birth certificates ==== inspection) and in Code chapter 600A 11 15 (termination of parental rights). LSB 5897YH (5) 87 pf/rh
