Bills › 90th General Assembly

HF 486Died when the session ended · February 28, 2023

Relating to fundamental parental rights

Topics:Courts & civil lawFamilies & human services

Where it is now

  1. Done: IntroducedFebruary 28, 2023
  2. Done: SubcommitteeMarch 1, 2023
  3. Stopped: House committeeDied when the General Assembly ended
  4. Next: Passes the House
  5. Next: Senate committee
  6. Next: Passes the Senate
  7. Next: To the Governor
  8. Next: Signed into law

Died when the session ended The 2024 session adjourned on April 19, 2024, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?

What’s in it

AI summary This law would protect the rights of parents to make decisions about their children's education, care, and upbringing. It creates a rule that all parents are presumed to be fit unless there is very strong evidence to prove otherwise. The state cannot interfere with these parental rights or decide what is best for a child unless it meets a very high legal standard.1

Read the official explanation

This bill establishes fundamental rights of parents relating to the upbringing, rearing, associations, care, education, custody, and control of a parent’s child with which state action shall not infringe or interfere without meeting the strict scrutiny level of judicial review. The bill provides that divorce or marital status shall not diminish the fundamental right, render a parent unfit, or establish a compelling state interest. A parent is presumed to be a fit parent, and the presumption may be overcome only by clear and convincing evidence. The bill also provides that it is presumed that the actions of a fit parent are in the best interests of the parent’s child; the presumption may be overcome only by clear and convincing evidence; and state action to determine the best interests of the child shall not be taken until the state overcomes such presumption.

Full bill text2

House subcommittee

Named March 1, 2023. Meeting: Thursday, March 2 · 9:30 AM · RM 304.

Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part

2 written public comments to its subcommittee: March 2, 2023 (2) · on the Legislature’s site

Iowa Code it changes

Creates§597A.1

How the Code works3

Lobbying

8 for · 2 against · 9 undecided · Who →

Family tree

Earlier and later bills are matched by wording or an identical title.

Tried before

This idea has been filed in an earlier General Assembly. None became law, though one got through a chamber.

  • HF 714 Relating to fundamental parental rights
    89th General Assembly · Renumbered as HF 819 · same title
    Cleared committee
  • HF 819 Relating to fundamental parental rights
    89th General Assembly · Passed House · same title
    Passed a chamber

Matched by wording or an identical title.