In Interest of B.G.C. - 496 N.W.2d 239 (Iowa 1992)

Rule:

The general rule is that the state cannot interfere with the rights of natural parents simply to better the moral and temporal welfare of the child as against an unoffending parent, and, as a general rule, the court may not consider whether the adoption will be for the welfare and best interests of the child where the parents have not consented to an adoption or the conditions which obviate the necessity of their consent do not exist. However, where a parent by his conduct forfeits the right to withhold consent, but nevertheless contests the adoption, the welfare of the child is the paramount issue.

Facts:

B.G.C.’s natural mother, Cara, unmarried, decided to give B.G.C. up for adoption and signed a release of parental rights as provided by Iowa Code section 600A.4 (1991). Cara named “Scott” as the father of the baby, and Scott also signed a release of parental rights. Later, both Cara and Scott signed waivers of notice of the termination hearing. After the hearing, the court ordered the termination of the parental rights of both Cara and Scott. Custody of the child was given to the potential adoptive parents, R.D. and J.D. Subsequently, Cara moved to set aside the termination, asserting that her release was defective. According to Cara, Scott was not the real father of B.G.C. It was subsequently found that “Daniel” was the real father and that he had not released his parental rights. Consequently, the district court denied the adoption and ordered the baby to be surrendered to Daniel. R.D. and J.D. appealed and obtained a stay of the district court’s order transferring custody. The court of appeals affirmed the district court’s denial of adoption, and reversed the termination of Cara’s parental rights. The adoptive parents sought review of the decision.

Issue:

Under the circumstances, was it proper to deny the adoption, notwithstanding the fact that the natural mother had initially released her parental rights?

Answer:

Yes.

Conclusion:

The Court affirmed the district court's denial of adoption and affirmed the court of appeals' decision to reverse termination of the natural mother's parental rights. The Court averred that the district court properly denied adoption for the adoptive parents because the exclusive termination of parental rights provided for in Iowa Code ch. 600A was not met. The Court noted that the father established paternity of the child, had not abandoned the child, and had not terminated his parental rights. Therefore, adoption could not proceed. According to the Court, the best interests of the child could not override the requirements of ch. 600A. Moreover, the Court noted that the juvenile court did not lose jurisdiction to hear the natural mother's motion to vacate her release of custody based on the adoptive parents' filing of a petition for adoption. The termination case was remanded for a consideration of whether the natural mother terminated her custody rights under Iowa Code § 600A.4(2) when her release failed to satisfy the 72-hour requirement.