In Iowa, intended parents can establish legal parentage through several processes, depending on their genetic relationship to the child and whether they are the intended mother or father:
- Pre-Birth Parentage Orders for Intended Fathers: Iowa allows intended fathers who are genetically related to the child to obtain partial pre-birth parentage orders. This legal document begins to establish the father’s parental rights even before the child is born.
- Post-Birth Adoption for Non-Genetic Parents: Intended parents who do not have a genetic link to the child, whether fathers or mothers, must pursue a post-birth adoption process to legally establish their parental rights. This involves a court process where the intended parent(s) formally adopt the child after birth.
- Post-Birth Parentage Orders for Genetically Related Intended Mothers: If the intended mother is genetically related to the child, she cannot obtain a pre-birth parentage order but may file for a post-birth parentage order. This order establishes her legal parental rights following the birth of the child.
- Termination of Surrogate’s Parental Rights: Additionally, the legal process typically requires the termination of any parental rights that the surrogate and, if applicable, her husband might have. This is a critical step to ensure that the intended parents can fully assume parental responsibilities without legal contest from the surrogate.
These legal pathways ensure that intended parents can establish their parental rights in accordance with Iowa’s surrogacy laws.
