Iowa Court Case: In Interest of T.Q.

IN THE INTEREST OF T.Q., Child, J.B., Father, Appellant. 

No. 4-089 / 93-1041 

COURT OF APPEALS OF IOWA 

519 N.W.2d 105 

May 26, 1994, Filed 

Appeal from the Iowa District Court for Scott County, John G. Mullen, Judge. J.B., the father, filed a petition to terminate his parental rights to T.Q. The district court denied the petition. The father appeals. 

AFFIRMED. 

COUNSEL:
Donna M. Humpal, Davenport, for appellant-father.

Cynthia Z. Taylor of Dwyer, Wing, Zamora, Taylor & Walters, Davenport, for appellee-mother. Bonnie J. Campbell, Attorney General, and Michael J. Parker, Assistant Attorney General, for appellee-state.

Lauren M. Phelps of Phelps & Phelps, Davenport, guardian ad litem for minor child. 

JUDGES:
Heard by Donielson, C.J., and Sackett and Habhab, JJ. 

DONIELSON, C.J.
Taylor, born February 23, 1992, is the natural child of Jason and Sherry. The parents are not married but had a relationship between early 1990 and early 1991.
After Taylor was born, Jason contested paternity and the mother filed a petition to establish paternity and determine current and accrued support. Blood tests confirmed Jason to be Taylor's father. The court ordered Jason to pay monthly child support of $ 159 plus $ 11 monthly until $ 1000 has been paid to reimburse the State of Iowa for public assistance paid for Taylor.
Jason then filed a petition to terminate his parental rights to Taylor pursuant to Iowa Code section 600A.5, stating he had abandoned Taylor and never supported him. A hearing was held on the petition in June 1993. The district court denied the Jason's petition, ruling termination would not be in Taylor's best interests.
Jason appeals, arguing he is "emotionally, psychologically and in all other respects incapable of being a parent to [Taylor]." He claims he is not attempting to avoid payment of child support and is willing to continue such payments after a termination of his rights. He maintains he specifically told the mother he never wanted to have children and did not like them. He argues he was diligent and responsible in matters of birth control, whereas the mother was not. Jason contends Iowa Code chapter 600A (1993) is unconstitutional because it "deprives him of a fundamental right to make a choice pertaining to family relationships and procreation", and infringes on his right to privacy. He claims it is impossible for him to show termination would be in Taylor's best interests in the absence of a pending adoption.