How to Terminate Parental Rights in Iowa When the Other Parent Is Absent and Unreachable

This question came from one of our users:

"How do I terminate the rights of a parent who hasn’t even met their almost 2-year-old child, when I don’t know where they live, we don’t communicate at all & they won’t sign their rights away!?"

Answer: Termination of parental rights is governed by Iowa Code Section 232 and Iowa Code Section 600A.  The statute that applies depends on who initiates the termination. Iowa Code Section 600A applies to the termination of parental rights when either a parent, prospective parent, custodian, or guardian of a child brings an action to terminate the rights of the other parent.   The child must be born or expected to be born within one hundred eighty days of the date of filing the termination petition.  

Let's break down the process below:  

1. Grounds- Iowa Code Section 600A.8 lists a number of grounds that must be met for a parent's parental rights to be terminated. The following are grounds for termination: 

• The parent signs a release of custody and has not revoked the release. 
• You file the petition due to safety or security concerns.  
• Abandonment of the child- this will differ depending on whether the child is younger or older than 6 months old. 

1. If the child is less than 6 months old, abandonment has occurred unless the parent does all of the following: 
2. Demonstrates willingness to assume custody of the child and not only object to the termination of parental rights.  
3. Takes prompt action to establish a parental relationship with the child. 
4. Demonstrates, by affirmative action, a commitment to the child.  

Note: When determining whether a 6-month-old has been abandoned, the court can consider all of the following:  

(a) The fitness and ability of the parent to take custody of the child, including a demonstrated personal and financial commitment to the child.  

(b) Whether efforts made by the parent in taking custody of the child are substantial enough to establish an intent to assume all parental duties personally.  

(e) Any measures taken by the parent to establish legal responsibility for the child.  

(f) Any other factors that demonstrate a commitment to the child. 

If the child is six months of age or older, a parent is deemed to have abandoned the child unless: 

1. The parent maintains substantial and continuous (or repeated) contact with the child as demonstrated by contribution toward support of the child of a reasonable amount, according to the parent's means, and as demonstrated by any of the following: 
2. Visiting the child at least monthly, as you are physically and financially able to do so, and when you do not prevent the parent from doing so.  
3. Regular communication with you and/or the child if they are physically and financially unable to visit the child or if/when you prevent the parent from visiting the child. 
4. Openly living with the child for six months in the one year immediately before the termination of parental rights hearing and during that period openly acting as the parent of the child.  

Note: Intent is not enough. There must be affirmative acts demonstrating a parent taking responsibility for the child and attempting to be an essential part of the child's life. The court will not require a person to attempt to encourage a parent to perform acts demonstrating a parent-child relationship or obligation. 

1. A parent has been ordered to contribute to the child's support or financial aid in the child's upbringing and has failed to do so without good reason. 
2. The parent does not object to the termination after having been given proper notice and the opportunity to object. 
3. A parent does not object to the termination. 
4. An adoptive parent requests termination of parental rights and the parent-child relationship because the adoption was obtained fraudulently. 
5. The parent has been determined to be a person with a substance use disorder, AND the parent has committed more than one domestic abuse assault on the petitioning parent. The other parent has abducted the child or has improperly removed the child from the petitioning parent who had custody of the child without their consent or refused to give the child back after visitation. 
6. The other parent has been imprisoned for a crime against the child, the child's sibling, or another child in your household, OR the parent has been imprisoned, and it is unlikely that the parent will be released from prison for a period of five or more years.  
7. The other parent has been convicted of a felony offense that is a sex offense against a child, the parent is divorced from or was never married to the minor's parent, and the parent is serving a minimum sentence of confinement of at least five years for that offense.  
8. The court finds that the child was conceived as the result of sexual abuse, and the biological parent against whom the sexual abuse was perpetrated requests termination of the parental rights of the biological parent who perpetrated the sexual abuse. 

Note: Once you have demonstrated the grounds for the termination under the law. The court must also determine that the termination is in the best interest of the child. This is a broad standard, and the court can consider all relevant factors that demonstrate the child is best served by terminating their other parent's rights.  

Filing the Petition- A petition for termination of parental rights must include: 

• The name, age, and domicile (the child lives) of the child.  
• The names, residences, and domicile of the living parents of the child, the guardian and/or custodian of the child, any guardian ad litem appointed to the child, and the petitioner or whoever is standing in the place of the parents of the child. 
• A statement explaining why the petitioner does not know any of the information above.  
• A statement listing facts and grounds for termination found in section 600A.8, indicating that the parent-child relationship should be terminated.  
• The signature and verification (statement confirming the information and facts listed in the petition are true to the petitioner's knowledge) of the petitioner.  

Suppose you, as the petitioner, intend to access public funds for the fees of the guardian ad litem or the respondent's attorney fees. In that case, you must attach a financial affidavit, signed under penalty of perjury, that states your household income and family size. 

NOTE: You will file the petition in the district court in the county where you and/or your child reside.  

1. Notice- You must serve the petition and notice of the date and time of the termination hearing (explained further below) on the parent whose rights are being terminated. The process of serving notice and adhering to specific timelines for each method of service can be complex. Therefore, it is advisable to seek legal advice on how to serve notice on the other parent best, ensuring that deadlines are not missed and notice is given in a manner acceptable to the court.  

If a parent cannot be located, you can put the notice in a newspaper located where it is most reasonably expected for the other parent or party to see the notice.  It must be run (published) in the newspaper once a week for two consecutive weeks. 

The second time the notice is published in the paper, it must be at least three days before the termination hearing. You must provide proof that you published the notice to the court before the termination hearing.   

1. Appointing a Guardian Ad Litem (GAL)- An attorney will be appointed for your child to determine if the termination is in the child's best interest. The GAL will speak with all parties (you, the other parent if located, and your child, depending on their age). They will visit your home and create a report for the court, including their recommendation on whether the termination is in the best interest of the child. The court will consider the GAL report in making its final decision. 
2. Hearing - A hearing will be scheduled, at which both parents (or interested parties) must attend.  Witnesses and evidence are presented, and the GAL may ask questions of the parties if the other parent does not attend. Termination is very likely to be granted.  
3. Court Order- After the hearing, the court will take some time to consider the evidence, the GAL report, and the testimony presented and issue an order granting or denying the termination 
4. Appeal - Each party will have a specified amount of time to file an appeal of the order. Once the appeal deadline has passed and no appeal is filed, the decision is final.   

The court generally does not prefer to terminate a parent's rights without evidence to support the termination. As the petitioner, you will need to demonstrate to the court that both parents have met the grounds for termination and that the termination is in the child's best interest.

If you do not prove that there are grounds for terminating the other parent's parental rights, your petition will very likely be denied. This is a complex matter, and you should seek legal advice to better understand the unique issues of your case and the legal strategy that would best serve you.  

Designed for general information use only. The content above does not constitute legal advice or the formation of an attorney/client relationship.

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