Iowa law forbids the practice of “selling babies,” however, the distinction between what is fair and reasonable is laid out in Iowa § 600A.6(c).

Most recently, in 2017, the Iowa legislature passed Senate File 433 §22 detailing penalties for prohibited adoption fees.

Iowa ß 600A.6(c) Report of Expenditures – Penalties provides:

1. a. A biological parent shall not receive anything of value as a result of the biological parent terminating the parent’s parental rights, unless that thing of value is an allowable expense under subsection 2.

b. Any person assisting in any way with the termination of parental rights shall not charge a fee which is more than usual, necessary, and commensurate with the services rendered.

c. If the biological parent receives any prohibited thing of value, if a person gives a prohibited thing of value, or if a person charges a prohibited fee under this subsection, the person is guilty of a serious misdemeanor.

2. a. The petitioner shall file with the juvenile court or court, prior to the termination hearing, a full accounting of all disbursements of anything of value paid or agreed to be paid by or on behalf of the petitioner or intended adoptive parent in connection with the petitioned termination. This accounting shall be made by a report prescribed by the juvenile court or court and shall be signed and verified by the petitioner. The report shall be accompanied by documentation of all disbursements made prior to the date of filing of the report. Only expenses incurred in connection with the following and any other expenses approved by the juvenile court or court are allowable:

(1) The birth of the minor person to be adopted.
(2) Placement of the minor person by the adoption service provider.
(3) Legal expenses related to the termination of parental rights and adoption processes.
(4) Pregnancy-related medical care received by the biological parents or the minor person during the pregnancy or delivery of the minor person and for medically necessary postpartum care for the biological parent and the minor person.
(5) Ordinary and necessary living expenses of the mother including but not limited to the costs of housing, food, utilities, and transportation for medical purposes related to the pregnancy and birth of the child, in an amount not to exceed two thousand dollars and for no longer than thirty days after the birth of the minor person.
(6) Costs of the counseling provided to the biological parents prior to the birth of the child, prior to the release of custody, and any counseling provided to the biological parents for not more than sixty days after the birth of the child.
(7) Living expenses or care of the minor person during the pendency of the termination of parental rights proceedings.
b. All payments for allowable expenses shall be made through the adoption service provider. An adoption service provider shall deposit all funds received from prospective adoptive parents as payments for allowable expenses for a designated biological parent into an escrow account established with a financial institution located in this state whose accounts are insured by the federal deposit insurance corporation, the national credit union administration, or the federal savings and loan insurance corporation. Such escrow funds shall not be commingled with other revenues or expense accounts of the adoption service provider and separate accounting shall be maintained for each prospective adoptive parent whose funds are deposited in the escrow account. Any escrow funds not disbursed by the adoption service provider for the benefit of the designated biological parent shall be returned to the prospective adoptive parents with a full accounting of all deposits and disbursements. If the adoption service provider is a licensed attorney, use of the attorney’s state-sanctioned trust account shall satisfy the requirements relative to the escrow account under this paragraph.

c. Any payments for allowable expenses shall not be made to a biological parent, but instead shall be made directly to the provider of the service, product, or other activity to which the allowable expense is attributable, if applicable.
d. The provisions of this subsection do not apply in a stepparent adoption.
3. The juvenile court or court shall review the report prior to the termination hearing and shall include findings regarding the allowance or disallowance of any disbursements or projected disbursements in the termination order.

Application: (Since this code section is relatively new, Westlaw did not have any relevant case law pertaining to Iowa § 600A.6(c)).
Here, Iowa ß 600A.6(c) allows for seven (7) different types of expenses to be exchanged between the petitioner or adoptive parent and the biological parent. The seven different types of expenses are as follows:
1) The birth of the minor person to be adopted.

(2) Placement of the minor person by the adoption service provider.

(3) Legal expenses related to the termination of parental rights and adoption processes.

(4) Pregnancy-related medical care received by the biological parents or the minor person during the pregnancy or delivery of the minor person and for medically necessary postpartum care for the biological parent and the minor person.
(5) Ordinary and necessary living expenses of the mother including but not limited to the costs of housing, food, utilities, and transportation for medical purposes related to the pregnancy and birth of the child, in an amount not to exceed two thousand dollars and for no longer than thirty days after the birth of the minor person.
(6) Costs of the counseling provided to the biological parents prior to the birth of the child, prior to the release of custody, and any counseling provided to the biological parents for not more than sixty days after the birth of the child.
(7) Living expenses or care of the minor person during the pendency of the termination of parental rights proceedings.
Iowa § 600A.6(c)(2) lays out the specific types of value that can be received by the biological parent in exchange for terminating their parental rights (TPR) during an adoption proceeding. Fees associated with the termination of parental rights shall not exceed what is more than “usual, necessary and commensurate with the services rendered.” Iowa § 600A.6(c) was enacted in 2017, therefore, Iowa case law has not interpreted the statutory language of fees that are “usual, necessary, and commensurate with the services rendered.” However, Iowa § 600A.6 (c)(2)(a) explicitly states the categories of expenses that are allowed to be exchanged between the petitioner or intended adoptive parent in relation with the adoption proceeding. This section also requires the petitioner to record and submit a full accounting of all disbursements of anything of value paid or agreed to be paid by in connection with the termination. If a birthparent receives anything of prohibited value, give something of prohibited value or if a person charges a prohibited fee under this statute, the person is guilty of a serious misdemeanor. Proper documentation would include accompanying records of disbursements made prior to the date of filing the report. The seven categories of expenses stated under Iowa § 600A.6 (c)(2)(a) and “other expenses” approved by the Court are allowable under this statute. Due to the lack of case law, “other expenses” is a broad term that has yet to be interpreted. Iowa § 600A.6(c)(2)(b) outlines the procedure for which expenses shall be paid during an adoption. The adoption service provider, either the agency or licensed attorney, shall be the only party to be handling the deposits received from the prospective adoptive parents and biological parents. The deposits should be placed in an escrow account and the account should not be associated with other expenses that are not related to that specific prospective adoptive parent(s). Any amount not disbursed by the adoption service provider for the benefit of the biological parent should be returned to the prospective adoptive parents. If the adoption service provider is an attorney, the attorney’s state-sanctioned trust account satisfies the requirements of an escrow account. Iowa § 600A.6(c)(2)(c) reiterates payments for allowable expenses shall not be made to the biological parent directly.

Conclusion: Iowa § 600A.6(c) lays out the types of value that are allowed to be exchanged between biological and prospective adoptive parents; requires expenses to be recorded diligently before the termination of parental rights; states any person who violates this statute receives a serious misdemeanor; and discusses the payment procedure for which the parties should handle expenses (through the adoption service provider with an escrow account).

Please contact David A. Grooters, Iowa Adoption Attorney, to discuss this further!

Like other states, Iowa requires every prospective adoptive family to complete a “home study” before they can begin the adoption process.  Whether you use an agency or a private lawyer, you are legally required to complete a home study before you can adopt. A home study is a necessary step to ensure that the family is prospective family is ready and capable to adopt.  

The Iowa adoption home study is completed in just a few easy steps:

1. Select a home study provider near you. In Iowa, you might work with Adoption Associates of Iowa.
2. Submit fingerprints and obtain your criminal records from any applicable law enforcement agencies. This will all be part of your background check.
3. Meet with your home study professional to learn about any additional materials you’ll need for the Iowa adoption home study.
4. Prepare everything you’ll need to give to your social worker.  Items may include, but are not limited to:
   • Birth certificates
   • Marriage certificates
   • Driver’s licenses
   • Proof of insurance
   • Green card, if applicable
   • Passports if you intent do pursue an international adoption
   • Health statements indicating that both your physical and mental health is sufficient to take care of a child
   • Background checks and clearances
   • Financial documents (i.e. pay stubs, income statements, tax returns)
   • Names and contact information for people you would like to use as references
   • Autobiographical statements that explain a little about yourselves and why you are interested in adopting
5. Receive your social worker into your home for the home inspection and interviews.
6. Upon receiving the home study document in the mail, verify with your social worker that all information is correct. If there are any changes, tell the home study professional immediately.

It’s hard to believe that more than 400,000 children in the U.S. are part of the national foster care system and more than 23,000 of those individuals age out of the system each year. There is a constant need for foster homes/parents in the State of Iowa. Many of these foster placements turn into “adoptive placements” when/if children involved in the juvenile court system cannot be safely returned home. Interested families who have been unsuccessful with or who cannot afford private adoption often turn to the DHS/foster system for options.

Have you ever wondered where to begin? In Iowa, a group called Iowa KidsNet is the entity that recruits, trains, licenses and supports families to foster and adopt Iowa children. Their website can be found here. There are eight steps to becoming an Iowa-licensed foster home as follows:

1. Inquire online by filling out this page
2. Scheduling your information session
3. Complete your paperwork and information session
4. Iowa KidsNet processes your application
5. Complete PS-MAPP Training classes (10 weeks)
6. Iowa KidsNet completes your home study
7. DHS approves you as an adoptive home or issues you a foster care license
8. Iowa KidsNet sends you a welcome packet with information about your support specialist and your new journey as a resource family.

Check out this website for more information.

As an adoption attorney and advocate, I want to be there to assist you through every step of this process. Please contact me at anytime with questions or to help you get started!

The Interstate Compact on Placement of Children (ICPC) is a contract among member states and U.S. territories authorizing them to work together to ensure that children who are placed across state lines for foster care or adoption receive adequate protection and support services. Any child who moves across state lines for the purpose of adoption must comply with ICPC. Continue reading →

If you are looking to adopt, the first thing you should know is that there are different types of adoption and different costs associated with each type. Adoption costs anywhere from $0 to $40,000. It is up to you to decide what kind of adoption is right for you. There are two universal expenses associated with every adoption and those are the fee for the home study and court costs. In some cases there are resources to help with these and other adoption costs.

Foster Care Adoption: $0 – $2,500. Foster case adoption is the least expensive route for adoption. These are children who, through no fault of their own, have been taken from their home and are unable to be returned, usually due to abuse or neglect. These children are known to have “special needs” which simply means they are either older, in a minority group or have disabilities.

Domestic Infant Adoption: $5,000 – $40,000. These vary widely according to the type of agency used and individual circumstances. Domestic adoptions fall into three categories:

• Licensed Private Agency Adoption: $5,000 – $40,000. Costs for this type of adoption include a fee charged by the agency and may include the cost of the home study, birth parent counseling, adoptive parent preparation and training, and social work services. Some agencies have sliding fee scales based on family income.

• Independent Adoption: $8,000 – $40,000 (average is $10,000 – $15,000). Independent adoptions handled by an attorney generally result in costs that may include medical expenses for the birth mother (as allowed by law), as well as separate legal fees for representing adoptive and birth parents, and any allowable fees for advertising. Compared to licensed agency adoptions, the costs of independent adoption may be less predictable. Also, the costs may not be reimbursable if the birth mother changes her mind about adoption.

• Facilitated/Unlicensed Agency Adoption: $5,000 – $40,000. These costs are generally the same as costs of licensed agencies. However, in states that allow adoptive placements by facilitators, these placements are largely unregulated and prospective parents may have no recourse if the adoption does not proceed as expected.

Intercountry Adoption: $7,000 – $30,000. These fees generally include dossier and immigration processing and court costs. In some cases, they may include a required donation to the foreign orphanage or agency. Overall costs may be affected by the type of entity in the foreign country that is responsible for placing the child. Many intercountry adoption agencies offer a sliding fee scale. Depending on the country, there may be additional fees.

The cost of adoption may seem overwhelming to prospective parents. Fortunately, there are resources to help defray adoption costs such as federal tax credits and tax exclusion, state tax credits, subsidies and reimbursements for children with special needs, employer benefits and adoption loans and grants. While the costs associated with adoption may be daunting, becoming a parent is a very rewarding and worthwhile experience. Regardless of the type of adoption you choose, there are many children ready and waiting to be adopted by a loving family.

For more information on Navigator, or if you have questions regarding adoption or any other legal matter, please contact David A. Grooters at Pappajohn, Shriver, Eide & Nielsen P.C., 103 East State Street, Suite 800, Mason City, Iowa 50401, (641) 423-4264 or visit www.iowaadoptionattorney.com

“Re-Adoption” is a term used to describe the practice of adopting a foreign child in the United States after the child has already been adopted in the foreign country of its origin. Pursuant to Federal law it is not necessary to re-adopt a child, however, it may be in the best interest of all parties involved to go ahead with the process of re-adoption as a precautionary measure. While some states automatically recognize a foreign adoption decree, there are some that do not. There are eighteen states, the District of Columbia and four of the five U.S. territories that do not have statutory provisions regarding international adoptions. You may live in a state where international adoptions are automatically recognized at the time the adoption is finalized, however, if you were to move to another state that state may not recognize the adoption decree and you may run into issues. Also, by re-adopting in the United States, the child will receive a U.S. Birth Certificate translated in English which will list the adoptive parents as the birth parents of the child. Without the re-adoption process you will only have the birth certificate from the country the child was born in along with the translation. If that birth certificate is lost it may be impossible to receive a new one from that country. Another benefit of re-adoption is having the option to legally change the adoptive child’s name to the name of your choice. Regardless of whether or not re-adoption is required in your state, following through with this one last step will help give you peace of mind in knowing there won’t be any future obstacles for you or your new addition.

The terms “mom” and “dad” have changed meaning in homes over the years. Having a traditional home with biological mom and dad still together isn’t as common as it used to be. Nowadays it is common to have one biological parent and one stepparent in the home. Ideally, both biological parents should still share the parenting role even after separation but that is not always the case. There are cases in which the stepparent has

taken on the role of mom or dad when one of the biological parents decide to stop playing a role in their child’s life. The stepparent may want to adopt the child to become the legal parent as well as the emotional one.

In order for a stepparent to adopt their stepchild, it is first necessary for the non-custodial parent’s rights to be terminated. The custodial parent must

file a Petition to the Court to get the rights of the non-custodial parent terminated. The following are grounds for the involuntary termination of parental rights:

a. The parent has abandoned the minor child pursuant to Iowa Code section 600A.8(3); or,

b. The parent has been ordered to contribute to the support of the child and has failed to do so without good cause 600A.4; or,

c. The parent does not object to the termination after having been given proper notice and the opportunity to object pursuant to Iowa Code section 600A.8(5); or,

d. Pursuant to Iowa Code section 600A.8(6), the parent does not object to the termination requested herein although every reasonable effort has been made to identify, locate and give notice to that parent as required by Iowa Code section 600A.6.

Once the rights of the non-custodial parent have been terminated, the stepparent may file with the Court to adopt the child.

As an alternative, the Court may also allow the non-custodial parent to sign a consent to the release of their parental rights (voluntary termination) during the adoption process of the child. In either scenario, the option to terminate parental rights is strictly up to the Court. A biological parent may not decide to just give up their rights. The Court will only allow a biological parent’s rights to be terminated if the Judge determines that it is in the best interests of the child and if one of the above grants are met. A Guardian Ad Litem (attorney for the child) may be appointed in these cases to determine what is in the child’s best interests.

As an experienced adoption attorney, David is committed to offering quality legal services to adoptive and biological parents. Get the professional,

knowledgeable help you need to ensure your child adoption goes smoothly. Please contact David to schedule an initial consultation.