Protecting and Empowering LGBTQ+ Iowans in Times of Legal Uncertainty

September 4, 2024

Recent years have seen an unprecedented rollback of many hard-won civil rights for LGBTQ+ Iowans at the state and federal levels. There are several ways LGBTQ+ Iowans can protect and empower themselves and their loved ones regardless of what decisions judges or lawmakers may make.

Second-Parent Adoptions

For LGBTQ+ parents, marriage equality does not necessarily guarantee parentage equality. A second-parent adoption is a legal process that a non-genetic parent can use to confirm and protect their parental rights.

Unlike some other states, Iowa does not have a law specific to second-parent adoptions. Iowa does have laws permitting stepparent adoptions, and LGBTQ+ Iowans who are married to their child's other parent can rely on those laws in order to complete the adoption.

The procedure for a second-parent adoption in Iowa is fairly straightforward. First, the non-genetic parent files a petition with the court providing certain information and asking the court to grant the adoption. If a known or anonymous sperm donor was involved, the petition may also ask the court to terminate any parental rights that the donor may have. Other documents, such as the birth certificate and a consent signed by the genetic parent, may also be needed. Next, the judge will schedule a court hearing, and at the hearing, the judge will enter a decree finalizing the adoption.

A final decree of adoption carries much more legal weight than a birth certificate alone. A birth certificate is an administrative document only and is not a legal determination of parentage. An Iowa birth certificate merely recognizes that the named parents were married to one another when the child was born, and as a result, state law presumes they are both the child's parents. However, this "legal presumption of parentage" can be overcome if it is later proved that one of the parents is not genetically related to the child. Courts in other states, such as Idaho and Oklahoma, have ruled that a non-genetic parent who fails to complete a legal adoption does not have any parental rights to their child-even though they helped raise the child since birth, and are named on the birth certificate.

An adoption decree provides much greater protection, as it is a legal confirmation of the parent-child relationship that is recognized in all 50 states and can never be undone. Adoptions do not rely on any biological relationships between the parties; instead, the legal parent-child relationship is created by court decree. Completing a second-parent adoption can be invaluable if one of the parents dies or a divorce occurs, or if the family travels to an area with fewer protections for LGBTQ+ families.

A power of attorney is a legal document in which one person (the "principal") gives another person (the "agent") the power to make decisions on the principal's behalf. There are two main types of powers of attorney: a durable power of attorney for health care and a general power of attorney.

In a durable power of attorney for health care, the principal selects an agent who has the power to make decisions about the principal's medical care in case the principal is too ill to do so. In a general power of attorney, the principal selects an agent who has the power to make decisions about the principal's income, property, and financial affairs.

Powers of attorney are important for everyone-especially LGBTQ+ individuals. Without a durable power of attorney for health care, a hospital will follow state law to determine who makes the decisions, and that person may be an estranged family member who prevents a partner from visiting or being informed of the prognosis. By signing powers of attorney, LGBTQ+ Iowans can ensure their decision-maker will be someone they know and trust.

Declaration of Designee for Final Disposition

Iowa law allows a person (the "declarant") to sign a declaration of designee for final disposition naming a designee who can make decisions about the declarant's funeral, burial or cremation, and other post-death arrangements. This can be especially important for trans and nonbinary Iowans whose families of origin cannot be trusted to use their correct name and pronouns or dress them in gender-appropriate attire for the funeral and burial service. A declaration of designee for final disposition is a simple way to choose a decision-maker who will respect the declarant's personhood.

Wills, Trusts, and Beneficiary Designations

Naming beneficiaries on life insurance policies, retirement accounts, and other assets, and having a valid will or trust, will help ensure a person's assets will pass to loved ones or cherished causes following the person's death.

In Iowa, if an unmarried person dies without a will, their bank accounts and other assets could pass to their estranged parents, siblings, or other family members, rather than to their longtime partner or chosen family as they would have intended. By signing a will or trust and ensuring proper beneficiary designations, LGBTQ+ Iowans can ensure their assets will pass to the people and causes they care about most.

Bottom Line

Laws pertaining to second-parent adoptions, powers of attorney, declarations of designee for final disposition, wills, and trusts vary by state. Contact your local LGBTQ+-affirming attorney to find out which laws apply in your area, and which documents are right for you. With proper legal planning, you can protect and empower yourself and the people you care about to the fullest extent possible, providing peace of mind during this uncertain time.