HF 137 (LSB 1373HH (5) 88)

HOUSE FILE 137

BY  ANDERSON, M. SMITH, MASCHER, KURTH, GASKILL, McCONKEY, KURTZ, OURTH, STAED, KACENA, and SHIPLEY

A BILL FOR

An Act relating to adoption, including access to adoption records for adult adoptees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 600.4, subsection 2, Code 2019, is amended to read as follows:
   2.  Husband and wife Spouses together.
    Sec. 2.  Section 600.4, subsection 3, Code 2019, is amended to read as follows:
   3.  A husband or wife spouse separately if the person to be adopted is not the other spouse and if the adopting spouse meets any of the following conditions:
   a.  Is the stepparent of the person to be adopted;.
   b.  Has been separated from the other spouse by reason of the other spouse’s abandonment as prescribed in section 597.10; or.
   c.  Is unable to petition with the other spouse because of the prolonged and unexplained absence, unavailability, or incapacity of the other spouse, or because of an unreasonable withholding of joinder by the other spouse, as determined by the juvenile court or court under section 600.5, subsection 7.
    Sec. 3.  Section 600.16, subsection 1, paragraph b, Code 2019, is amended to read as follows:
   b.  The adopted person, provided that person is an adult at the time the request for information is made. For the purposes of this paragraph “adult” means a person twenty-one years of age or older or a person who attains majority by marriage.
    Sec. 4.  Section 600.16, subsection 2, Code 2019, is amended to read as follows:
   2.  Information regarding an adopted person’s existing medical and developmental history and family medical history, which meets the definition of background information in section 600.8, subsection 1, paragraph “c”, shall be made available as provided in subsection 1. However, the identity of the adopted person’s biological parents shall not be disclosed to anyone other than the adopted person, provided the adopted person is an adult at the time the request for information is made.
    Sec. 5.  Section 600.16A, subsections 2, 3, and 4, Code 2019, are amended to read as follows:
   2.  All papers and records pertaining to a termination of parental rights under chapter 600A and to an adoption shall not be open to inspection and the identity of the biological parents of an adopted person shall not be revealed except under any of the following circumstances:
   a.  The department or an adoption service provider involved in placement shall contact the adopting parents or the adult adopted child regarding eligibility of the adopted child for benefits based on entitlement of benefits or inheritance from the terminated biological parents.
   b.  The juvenile court or court, for good cause, shall order the opening of the permanent adoption record of the juvenile court or court for the adopted person who is an adult and reveal the names of either or both of the biological parents following consideration of both of the following:
   (1)  A biological parent may file an affidavit requesting that the juvenile court or court reveal or not reveal the parent’s identity. The juvenile court or court shall consider any such affidavit in determining whether there is good cause to order opening of the records. To facilitate the biological parents in filing an affidavit, the department shall, upon request of a biological parent, provide the biological parent with an adoption information packet containing an affidavit for completion and filing with the juvenile court or court upon the filing of an affidavit by the adopted person who is an adult requesting that the record be opened.
   (2)  If the adopted person who applies for revelation of the biological parents’ identity has a sibling who is a minor and who has been adopted by the same parents, the juvenile court or court may deny the application on the grounds that revelation to the applicant may also indirectly and harmfully permit the same revelation to the applicant’s minor sibling.
   c.  A biological sibling of an adopted person may file or may request that the department file an affidavit in the juvenile court or court in which the adopted person’s adoption records have been sealed requesting that the juvenile court or court reveal or not reveal the sibling’s name to the adopted person. The juvenile court or court shall consider any such affidavit in determining whether there is good cause to order opening of the records upon application for revelation by the adopted person. However, the name of the biological sibling shall not be revealed until the biological sibling has attained majority.
   d.  The juvenile court or court may, upon competent medical evidence, open termination or adoption records if opening is shown to be necessary to save the life of or prevent irreparable physical or mental harm to an adopted person or the person’s offspring. The juvenile court or court shall make every reasonable effort to prevent the identity of the biological parents from becoming revealed under this paragraph to the minor adopted person. The juvenile court or court may, however, permit revelation of the identity of the biological parents to medical personnel attending the adopted person or the person’s offspring. These medical personnel shall make every reasonable effort to prevent the identity of the biological parents from becoming revealed to the minor adopted person.
   3.  a.  In addition to other procedures by which adoption records may be opened under this section, if both of the following conditions are met, the department, the clerk of court, or the adoption service provider that made the placement shall open the adoption record for inspection and shall reveal the identity of the biological parents to the adult adopted child or the identity of the adult adopted child to the biological parents:
   (1)  A biological parent has placed in the adoption record written consent to revelation of the biological parent’s identity to the adopted child at an age specified by the biological parent, upon request of the adopted child.
   (2)  An adult adopted child has placed in the adoption record written consent to revelation of the identity of the adult adopted child to a biological parent.
   b.  A person who has placed in the adoption record written consent pursuant to paragraph “a”, subparagraph (1) or (2) may withdraw the consent at any time by placing a written withdrawal of consent statement in the adoption record.
   c.  Notwithstanding the provisions of this subsection, if the adult adopted person has a sibling who is a minor and who has also been adopted by the same parents, the department, the clerk of court, or the adoption service provider that made the placement may deny the request of either the adult adopted person or the biological parent to open the adoption records and to reveal the identities of the parties pending determination by the juvenile court or court that there is good cause to open the records pursuant to subsection 2.
   d.  Nothing in this subsection shall be interpreted to preclude the opening of an adoption record upon the filing of an affidavit by an adopted person who is an adult as provided in subsection 2, paragraph “b”.
   4.  An adopted person whose adoption became final prior to July 4, 1941, and whose adoption record was not required to be sealed at the time when the adoption record was completed, shall not be required to show good cause for file an affidavit to request an order opening the adoption record under this subsection, provided that the juvenile court or court shall consider any affidavit filed under this subsection section.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to adoption. 
   The bill replaces references to “husband” and “wife” with “spouse” in provisions relating to qualifications to file an adoption petition. 
   Under Code chapter 600 (adoption), “adult” is defined as a person who is married or 18 years of age or older. Under current law, however, Code section 600.16 provides that for the purposes of making available medical and developmental history information that was collected during the preplacement investigation for an adoption, “adult” is defined as a person 21 years of age or older or a person who attains majority by marriage. The bill eliminates this definition of “adult”, thereby defining adult as a person who is married or 18 years of age or older consistently throughout the chapter. 
   The bill also provides additional means of allowing a permanent adoption record to be open to an adopted person who is an adult.
   Current law provides that the court shall, for good cause, order the opening of the permanent adoption record for an adopted person who is an adult and reveal the names of either or both of the biological parents following consideration of the affidavit of a biological parent requesting that the court reveal or not reveal the parent’s identity and consideration of the fact that the adopted person who files the application has a sibling who is a minor and who has been adopted by the same parents. Under the bill, the court would no longer require good cause based upon these considerations, but instead, upon the filing of an affidavit by the adopted person who is an adult, the court would open the permanent adoption records for the adopted person. The bill also amends the provisions relating to the court opening termination or adoption records if the opening is shown to be necessary to save the life of or prevent irreparable physical or mental harm to an adopted person or the person’s offspring. Current law requires the court to make every reasonable effort to prevent the identity of the biological parents from becoming revealed to the adopted person when such opening of the record is allowed. The bill would only require the court to make every reasonable effort to prevent the identity of the biological parents from becoming revealed to the adopted person when the adopted person is a minor, but not when the adopted person is an adult.
   Current law also includes a mutual consent provision under which a permanent adoption record may be opened and reveal the names of either or both of the biological parents if a biological parent places in the adoption record written consent to revelation of the biological parent’s identity to the adopted child at an age specified by the biological parent upon request of the adopted child, and the adult adopted child in turn has placed in the adoption record written consent to revelation of the identity of the adult adopted child to a biological parent. The bill retains the mutual consent opportunity but provides that the requirements of the mutual consent process to request the opening of the permanent adoption records shall not preclude the opening of the permanent adoption record if requested by an adopted person who is an adult. 
   Under current law, an adopted person whose adoption became final prior to July 4, 1941, and whose adoption record was not required to be sealed at the time when the adoption record was completed, is not required to show good cause for an order opening the adoption record. The bill amends this provision to be consistent with the provisions of the bill so that the requirement for showing good cause is stricken, and additionally the person is not required as other adults under the bill to file an affidavit to request an order to open the adoption record.