Iowa Code § 600.11

Current through March 29, 2024
Section 600.11 - Notice of adoption hearing
1. The juvenile court or court shall set the time and place of the adoption hearing prescribed in section 600.12 upon application of the petitioner. The juvenile court or court may continue the adoption hearing if the notice prescribed in subsections 2 and 4 or subsections 3 and 4, as applicable, is given, except that such notice shall only be given at least ten days prior to the date which has been set for the continuation of the adoption hearing.
2.
a. Unless the person to be adopted is an adult and subsection 3 is applicable, at least twenty days before the adoption hearing, a copy of the petition and its attachments and a notice of the adoption hearing shall be given by the adoption petitioner to all of the following:
(1) A guardian, guardian ad litem if appointed for the adoption proceedings, and custodian of, and a person in a parent-child relationship with the person to be adopted. This subparagraph does not require notice to be given to a person whose parental rights have been terminated with regard to the person to be adopted.
(2) Any person who is designated to make an investigation and report under section 600.8.
(3) Any other person who is required to consent under section 600.7.
(4) A person who has been granted visitation rights with the child to be adopted pursuant to section 600C.1.
(5) A person who is ordered to pay support or a postsecondary education subsidy pursuant to section 598.21F, or chapter 234, 252A, 252C, 252F, 598, 600B, or any other chapter of the Code, for a person eighteen years of age or older who is being adopted by a stepparent, and the support order or order requires payment of support or postsecondary education subsidy for any period of time after the child reaches eighteen years of age.
b.
(1) At least twenty days prior to the adoption hearing, a copy of the order setting the adoption hearing shall be provided to siblings of the person to be adopted when either of the following applies:
(a) The sibling and the person to be adopted have an existing relationship.
(b) There is a court finding that ongoing contact with the person to be adopted is in the best interest of each sibling and the person to be adopted was a minor child when the parents of the person to be adopted had their parental rights terminated subsequent to the person to be adopted having been adjudicated a child in need of assistance.
(2) Notwithstanding subsection 4, a copy of the order setting the adoption hearing may be provided to a sibling via ordinary mail if the sibling's address is known. A copy of an order setting an adoption hearing sent to a sibling under ten years of age shall be addressed to the sibling's custodian or guardian.
(3) This paragraph does not require a copy of the order setting the adoption hearing to be provided to any of the following:
(a) A person whose parental rights have been terminated with regard to the person to be adopted.
(b) Siblings who are placed with the sibling to be adopted at the time the court issued the order setting the adoption hearing.
(c) A previously adopted sibling, unless the siblings were the subjects of child in need of assistance or termination of parental rights proceedings that occurred at the same time.
c. Nothing in this subsection shall require the petitioner to give notice to self or to petitioner's spouse. A duplicate copy of the petition and its attachments shall be mailed to the department by the clerk of court at the time the petition is filed.
3. If the person to be adopted is an adult, at least twenty days before the adoption hearing, a copy of the petition and its attachments and a notice of the adoption hearing shall be given by the adoption petitioner to the person to be adopted and any other person who is required to consent to the adoption under section 600.7.
4. A notice of the adoption hearing shall state the time, place, and purpose of the hearing and shall be served in accordance with rule of civil procedure 1.305. Proof of the giving of notice shall be filed with the juvenile court or court prior to the adoption hearing. Acceptance of service by the party being given notice shall satisfy the requirements of this subsection.

Iowa Code § 600.11

94 Acts, ch 1174, §8, 22; 2000 Acts, ch 1145, §14; 2002 Acts, ch 1018, §20; 2005 Acts, ch 69, §54; 2007 Acts, ch 218, §207; 2011 Acts, ch 34, §133; 2022 Acts, ch 1096, §9; 2023 Acts, ch 134, §3; 2023 Acts, ch 140, §9, 10

Amended by 2023 Iowa, ch 140, s 9, eff. 7/1/2023.
Amended by 2023 Iowa, ch 140, s 10, eff. 7/1/2023.
Amended by 2023 Iowa, ch 134, s 3, eff. 7/1/2023.
Amended by 2022 Iowa, ch 1096, s 9, eff. 7/1/2022.
C27, 31, 35, §10501-b4; C39, §10501.4; C46, 50, 54, 58, 62, 66, 71, 73, 75, § 600.4; C77, 79, 81, §600.11 94 Acts, ch 1174, §8, 22; 2000 Acts, ch 1145, §14; 2002 Acts, ch 1018, §20; 2005 Acts, ch 69, §54; 2007 Acts, ch 218, §207; 2011 Acts, ch 34, §133

Referred to in §600.12, 600.12 A, 600.14A

See Code editor's note on simple harmonization at the beginning of this Code volume

Section amended