This text of Iowa § 232.3A (Authority relating to action to overcome paternity in a child in need of assistance or termination of parental rights proceeding) is published on Counsel Stack Legal Research, covering Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
or termination of parental rights proceeding.
1.During an action under subchapter III, child in need of assistance proceedings, or
subchapter IV, termination of parent-child relationship proceedings, the court may, on its
own motion or that of any party, require the child and established father of the child to
submit to blood or genetic testing in accordance with the procedures and method prescribed
under section 600B.41 to overcome the paternity of the established father.
2.The juvenile court may enter an order overcoming paternity of an established father
pursuant to section 600B.41A if all of the following conditions are met:
a.The child has been adjudicated a child in need of assistance in an active juvenile court
case and a dispositional order in that case is in place.
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or termination of parental rights proceeding.
1. During an action under subchapter III, child in need of assistance proceedings, or
subchapter IV, termination of parent-child relationship proceedings, the court may, on its
own motion or that of any party, require the child and established father of the child to
submit to blood or genetic testing in accordance with the procedures and method prescribed
under section 600B.41 to overcome the paternity of the established father.
2. The juvenile court may enter an order overcoming paternity of an established father
pursuant to section 600B.41A if all of the following conditions are met:
a. The child has been adjudicated a child in need of assistance in an active juvenile court
case and a dispositional order in that case is in place.
b. Paternity of the child has been legally established, including by one of the methods
enumerated in section 252A.3, subsection 10, or by operation of law due to the established
father’s marriage to the mother at the time of conception, birth, or at any time during the
period between conception and the birth of the child.
c. Pursuant to section 600B.41, the conclusion of the expert as disclosed by the evidence
based upon blood or genetic testing demonstrates that the established father is not the
biological father of the child.
d. The established father agrees that the established father’s paternity should be
overcome or the established father objects to having his paternity overcome but the court
finds that it is in the best interest of the child to overcome the established father’s paternity.
3. When the criteria specified in subsection 2 are met, the juvenile court shall enter an
orderovercomingpaternity, andshallsendacopyoftheordertotheclerkofthedistrictcourt.
The juvenile court shall designate the petitioner and respondent for the purposes of the order.
4. Upon receipt of the order by the district court, the clerk of the district court shall docket
the case. Filing fees and other court costs shall not be assessed against the parties.
5. The district court shall take judicial notice of the juvenile file in any hearing related
to the case. Records contained in the district court case file that were copied or transferred
from the juvenile court file concerning the case shall be subject to section 232.147 and other
confidentiality provisions of this chapter for cases not involving juvenile delinquency, and
shall be disclosed, upon request, to child support services without a court order.
6. If paternity testing is completed and the established father is not excluded as the
biological father of the child, the juvenile court shall find the established father to be the
biological father of the child and a necessary party to the action.
7. Nothing in this section shall be construed to require appointment of counsel for the
parties in the district court action.