(concurring in part; dissenting in part)
I concur in part and dissent in part. I concur with the majority that Connie’s petition should not have been dismissed. I also agree with the majority that Rodney is the biological father of Jena. Unlike the majority, I believe Rodney has standing and I would reverse, too, the dismissal of his petition.
The majority suggests this is a situation not anticipated by the legislature. I disagree. Iowa Code section 600B.7 provides:
Proceedings to establish paternity and to compel support by the father, may be brought in accordance with the provisions of this chapter. They shall not be exclusive of other proceedings that may be available on principals of law and equity.
Iowa Code § 600B.7 (emphasis added).
Rodney is Jena’s biological father and those rights have not been previously terminated. Principals of equity dictate Rodney should either be considered an established father or allowed to bring the paternity action.