Iowa
PRE BIRTH OR POST BIRTH ORDER
Both pre-birth and post-birth orders required. The pre-birth order will establish the Intended Father's rights and the post-birth order will establish the other parent's rights.
Process begins at week 14 of the pregnancy.
Married Hetero Couple |
Unmarried Hetero Couple |
Married Same-Sex Couple |
Unmarried Same-Sex Couple |
Single Parent |
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One Bio Connection |
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Two Bio Connections |
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No Bio Connections |
ACCEPTANCE OF sister state PRE-BIRTH ORDER
Yes; however, it would still need to meet local requirements (i.e. pre and post birth components). The draft Order should be sent to Jeri Southwick for approval: jeri.southwick@idph.iowa.gov and 515-281-5133 (phone).
If an Intended Parent is not genetically related, they must adopt the child(ren).
Birth Certificates
Timing - Varies by county, but the typical time frame is 3-4 weeks.
Title - Parents can choose to be listed as father, parent, or mother.
GC - The initial birth certificate can include the name of the GC with the name of an IP. The birth certificate can later be revised to remove the name of the GC.
statutes / case law
Gestational Surrogacy is implicitly permitted by statute.
Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child? No.
Venue
County of the child's birthplace, county of the Intended Parent's residence, or county of the Gestational Surrogate’s residence.
Do results vary by venue? Yes.
Are motions to waive venue accepted? Yes.
Electronic signatures / e-notarizaTIONS
Traditional signatures and traditional notarizations required.
Second / step parent adoptions
Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)? Yes.
Will courts igrant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Yes.
Does the couple need to be married? No.
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state? Yes.
Does the couple need to be married? No.
of counsel
Carmen L. Janssen
Carmen L. Janssen Fertility Law
(515) 223-0395