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EMTFF538 · Feb 28, 2013, 01:09 PM

My daughter is 15 months old and her father hasn't been her life at all. He's seen her once since birth and has been given numerous chances to see her and be part of her life. His name is not listed on the birth.certificate. He is no where to be found since he jumps from home to home. My fiancé has been raising her for quite some time and would like to take the steps in adopting her. Can this be done or how can we go about doing this? Does anyone know what the Iowa law says about this?

smoothy · Feb 28, 2013, 01:24 PM

For an adoption to happen a DNA test is going to be run and the parentage needs to be established... so they can make the legally required attempts to get the approval of both parents. That is basically universal.

Some states require you to be married... a couple don't. I'm not familiar with what Iowa requires.

AK lawyer · Feb 28, 2013, 06:37 PM

Originally Posted by smoothy

...
Some states require you to be married...a couple don't. I'm not familiar with what Iowa requires.

"600.4 Qualifications to file adoption petition.
Any person who may adopt may file an adoption petition under section 600.3. The following persons may adopt:
1. An unmarried adult.
2. Husband and wife together.
3. A husband or wife separately if the person to be adopted is not the other spouse and if the adopting spouse:
a. Is the stepparent of the person to be adopted;
b. Has been separated from the other spouse by reason of the other spouse's abandonment as prescribed in section 597.10; or
c. Is unable to petition with the other spouse because of the prolonged and unexplained absence, unavailability, or incapacity of the other spouse, or because of an unreasonable withholding of joinder by the other spouse, as determined by the juvenile court or court under section 600.5, subsection 7." Iowa Legislature - Advanced Search

So yes, you have to be married the parent to ask for a "step-parent adoption" of that parent's child, in Iowa.

ScottGem · Feb 28, 2013, 07:10 PM

As noted, by not establishing paternity, you have made this harder. The law requires that both parents agree to an adoption. So you will have to identify the bio father establish paternity and attempt to get him to agree.