Navigating the Adoption Process in Iowa: Step-by-Step for Prospective Parents

Adopting a child is a wonderful step to take for you and your family. Whether you're a stepparent adopting a child you've called your own, adopting a child through an agency, or adopting a child from foster care, you're taking the necessary steps to make your relationship official and legally recognized.

Adoption in the state of Iowa can be a lengthy process, and this guide outlines the process and different types of adoption in the state of Iowa.

The Adoption Process in the State of Iowa

Here are the typical steps involved in adoption in Iowa:

1. Home Study

The first step in the adoptive process for prospective parents is a home study. Required by Iowa law to assess whether someone is fit to adopt a child, the home study will consist of:

• Background checks: Each adult in your home will be checked for any history of committing child abuse or any other criminal convictions.
• Face-to-face interviews: The goal of these interviews is for your caseworker to get to know you and your family better. If you are using a matching service, these interviews can also be used to find you a prospective birth parent. You'll be asked questions about yourself, ranging from medical or marital history to your ability to cope with stress and complicated family dynamics. You may also be asked about your reasons for adopting, historical caretaking, and beliefs. Typically, each member of the adoptive household must have at least one face-to-face interview.
• Documentation: You'll need to provide several documents, such as birth certificates, marriage certificates, financial information, and adoption reference letters.
• Home visits: Your caseworker will visit your home to verify that it is suitable for a child, ensuring it meets basic cleanliness and safety requirements.

Home studies can be time-consuming, mainly because background checks take time to process, so it's always a good idea to start sooner rather than later. Once completed, the study is valid for two years, meaning the placement must happen within this time.

2. Termination of Parental Rights

Before a child can be adopted, the birth parents’ rights must be terminated. 

Parental rights termination can happen in several ways but can typically be classified as voluntary or involuntary. Birth parents who voluntarily terminate their parental rights must wait at least 72 hours after the child is born before signing a release of custody. Either birth parent can ask for the release to be revoked. If the request is made within 96 hours, the release will be revoked.

Termination can also occur involuntarily at the request of the Department of Human Services (“DHS”). Most often, this form of termination only occurs after multiple instances of DHS involvement and court intervention.

3. Placement

Either before or after the birth parents’ rights have been terminated, the child can be placed with a family who has passed the home-study process.

Within six months after placement, a post-placement study will assess how the child and the family are coping. The study will typically include at least three home visits, which will look at:

• How well the child is integrated and interacts with the family.
• Social and emotional adjustment of the child, including how they're faring in their new school, if of school-age.
• Any changes within the family since placement.
• How the family deals with discipline and challenging behaviors.

It's important to remember that these visits aren't designed to find a reason to hinder adoption. They are looking to ensure all family members are adjusting well and to complete any final steps to prepare for final adoption.

4. Finalization

The last step in the adoption process is the final adoption hearing. By this point, most of the legal work will have been completed, so this hearing is usually brief.

While the specifics may vary, you can typically expect your hearing to include:

• Being sworn in before the judge.
• Answering some questions about the adoption process and the type of life you hope to provide for your child.
• Receiving the final adoption decree, which grants you permanent legal custody of your child.

While certain formalities must be met, these hearings are often a relaxed and joyful celebration. Some hearings will even include taking photos of the new family and the judge.

The Different Types of Adoption in the State of Iowa

There are several ways that you can adopt a child. Which way is right for you will depend on the circumstances of your family, the child, and the birth parents.

1. Private Adoption

Also known as independent adoption, private adoption is when a child is adopted by a private family through a birth parent.

While private adoption has no agency fees, you may have to pay other costs typically covered by an agency. Such fees may include paying for a home study, the birth mother's and your own attorney, counseling fees, and the birth mother's living expenses.

The most common reason to choose private adoption is when people do not need an agency's matching services.

2. Agency Adoption

Agency adoption is when a family and a child are matched together through an agency and supported until adoption is complete. The agency may:

• Find a suitable home for a child.
• Assist with legalities and related paperwork.
• Arrange and cover the cost of additional required services as part of the adoption process.
• Advise you on what you can expect at each stage of the process.
• Provide referrals to independent counsel for both birth parents and adoptive parents.

3. Step-Parent Adoption

The process for step-parent adoption in Iowa is slightly different than independent or agency adoptions. First, in step-parent adoptions, it is common for home studies to be waived. Secondly, the process is usually much faster and less expensive than other types of adoption, as the adopting parent already resides with the minor child and is married to the child’s biological parent.

4. Foster Care Adoption

This type of adoption includes adopting through the Department of Human Services (“DHS”). In order to participate in the foster-to-adopt process, an adoptive family must complete training and become a licensed foster care parent. While the goal of foster care is to provide a safe home for a child until they can reunite with their birth parents, this isn't always possible. With foster care adoptions, DHS will work with the family and their attorneys, if any, to facilitate the adoptive process.

Your Trusted Iowa Adoption Lawyers

The adoption process in Iowa can be lengthy, with many boxes that must be checked. At Whitfield & Eddy Law, we simplify the process by providing experienced yet down-to-earth legal counsel for parents wanting to know how to adopt a child in Iowa. Whatever type of adoption you're considering, you'll receive regular, easy-to-understand updates, so you know exactly where you stand throughout the process.

If you want a lawyer who will provide bespoke service for your family throughout the adoption process, get in touch with our family law attorneys today.