House File 53 - Introduced HOUSE FILE 53 BY SALMON A BILL FOR An Act relating to access to a copy of an original birth 1 certificate by an adult adoptee, and providing for fees. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1096YH (2) 88 pf/rh
H.F. 53 Section 1. Section 144.24, Code 2019, is amended to read as 1 follows: 2 144.24 Substituting new for original birth certificates —— 3 inspection. 4 1. If a new certificate of birth is established, the actual 5 place and date of birth shall be shown on the certificate. The 6 certificate shall be substituted for the original certificate 7 of birth. Thereafter, 8 2. Following substitution of the original certificate of 9 birth with a new certificate of birth, the original certificate 10 and the evidence of adoption, paternity, legitimation, or sex 11 change shall not be subject to inspection except under order of 12 a court of competent jurisdiction, including but not limited 13 to an order issued pursuant to section 600.16A , as provided 14 in section 144.24A, or as provided by administrative rule for 15 statistical or administrative purposes only. However, 16 3. Notwithstanding subsection 2, the state registrar shall, 17 upon the application of an adult adopted person, a biological 18 parent, an adoptive parent, or the legal representative of the 19 adult adopted person, the biological parent, or the adoptive 20 parent, inspect the original certificate and the evidence of 21 adoption and reveal to the applicant the date of the adoption 22 and the name and address of the court which issued the adoption 23 decree. 24 Sec. 2. NEW SECTION . 144.24A Access to original birth 25 certificate —— application —— fees —— contact preference form. 26 1. Notwithstanding any provision of law to the contrary, 27 an adult adopted person who was born in this state and whose 28 original certificate of birth was substituted with a new 29 certificate of birth pursuant to section 144.24 based upon the 30 adoption, may apply for and obtain a noncertified copy of the 31 persons’ original certificate of birth in accordance with this 32 section. 33 a. The adult adopted person shall be at least eighteen years 34 of age at the time the application is filed. 35 -1- LSB 1096YH (2) 88 pf/rh 1/ 8
H.F. 53 b. The adult adopted person shall file a written application 1 with the state registrar on a form and in the manner prescribed 2 by the state registrar requesting a noncertified copy of the 3 original certificate of birth. 4 c. Upon receipt of the written application and proof of 5 identification and payment of a fee, the state registrar shall 6 issue a noncertified copy of the original certificate of birth 7 to the applicant. At the time of such issuance, the state 8 registrar shall also provide to the applicant any contact 9 preference form completed and submitted to the state registrar 10 pursuant to subsection 2. 11 2. a. The state registrar shall develop a contact 12 preference form on which a biological parent may state a 13 preference regarding contact by an adult adopted person 14 following application for and issuance of the noncertified copy 15 of the original certificate of birth under this section. The 16 preferences available to the biological parent shall include 17 all of the following, from which the biological parent may 18 choose only one: 19 (1) “I would like to be contacted. I have completed this 20 contact preference form and am filing the form with the state 21 registrar. I may change this preference by filing a subsequent 22 contact preference form with the state registrar.” 23 (2) “I would prefer to be contacted only through an 24 intermediary. I would like the following named individual 25 or entity to act as an intermediary. I have completed this 26 contact preference form and am filing the form with the state 27 registrar. I may change this preference by filing a subsequent 28 contact preference form with the state registrar.” 29 (3) “I do not want to be contacted; however, my personally 30 identifiable information may be released if requested in 31 accordance with Iowa Code section 144.24A. I have completed 32 this contact preference form and am filing the form with the 33 state registrar. I may change this preference by filing a 34 subsequent contact preference form with the state registrar.” 35 -2- LSB 1096YH (2) 88 pf/rh 2/ 8
H.F. 53 (4) “I request that all personally identifiable information 1 related to me be redacted from the original birth certificate. 2 I have completed this contact preference form and am filing the 3 form with the state registrar. I may change this preference 4 by filing a subsequent contact preference form with the state 5 registrar.” 6 b. The contact preference form shall be provided to the 7 biological parent in accordance with section 600A.4. 8 c. Upon receipt of a completed contact preference form, the 9 state registrar shall attach the completed form to the original 10 certificate of birth. 11 3. Notwithstanding the provisions of subsection 2, in the 12 case of an adult person who was adopted prior to July 1, 2019, 13 the following shall apply: 14 a. A biological parent may submit a contact preference 15 form as specified in subsection 2 to the state registrar on or 16 before June 30, 2021. 17 b. On or after July 1, 2021, the adult adopted person 18 may apply for a noncertified copy of the person’s original 19 certificate of birth and any contact preference form in 20 accordance with this section. 21 (1) If a contact preference form is submitted by a 22 biological parent on or before June 30, 2021, the adult adopted 23 person may obtain a noncertified copy of the person’s original 24 certificate of birth and any contact preference form in 25 accordance with this section. 26 (2) If a contact preference form is not submitted by a 27 biological parent on or before June 30, 2021, the adult adopted 28 person’s original certificate of birth shall remain sealed and 29 shall only be subject to inspection under order of a court of 30 competent jurisdiction, including an order issued pursuant to 31 section 600.16A, or as provided by administrative rule for 32 statistical or administrative purposes. 33 4. The state registrar shall adopt rules pursuant to chapter 34 17A to administer this section including rules relating to all 35 -3- LSB 1096YH (2) 88 pf/rh 3/ 8
H.F. 53 of the following: 1 a. Establishment of fees pursuant to section 144.46 for 2 issuance of the noncertified copy of the original certificate 3 of birth under this section. 4 b. The application form and proof of identification 5 requirements relative to application for a noncertified copy of 6 an original certificate of birth. 7 c. The contact preference form. 8 Sec. 3. Section 600.13, subsection 5, Code 2019, is amended 9 to read as follows: 10 5. a. An interlocutory or a final adoption decree shall be 11 entered with the clerk of court. Such decree shall set forth 12 any facts of the adoption petition which have been proven to 13 the satisfaction of the juvenile court or court and any other 14 facts considered to be relevant by the juvenile court or court 15 and shall grant the adoption petition. If so designated in 16 the adoption decree, the name of the adopted person shall be 17 changed by issuance of that decree. 18 b. The clerk of the court shall, within thirty days of 19 issuance, deliver one certified copy of any adoption decree 20 to the petitioner, at no charge, one copy of any adoption 21 decree to the department and any adoption service provider 22 who placed a minor person for adoption, at no charge, and one 23 certification certified copy of any adoption decree to the 24 state registrar of vital statistics to prepare a certificate 25 of adoption birth as prescribed in section 144.19 to the state 26 registrar of vital statistics at no charge . 27 c. Upon receipt of the certification certified copy of the 28 adoption decree , the state registrar shall prepare a new birth 29 certificate pursuant to section 144.23 and shall do one of the 30 following, as applicable: 31 (1) Deliver to the parents named in the decree a copy of 32 the new birth certificate along with a document, developed and 33 furnished by the department, listing all postadoption services 34 available to adoptive families in the state. 35 -4- LSB 1096YH (2) 88 pf/rh 4/ 8
H.F. 53 (2) Deliver to any adult person adopted by the decree a copy 1 of the new birth certificate. 2 d. The parents shall pay the fee prescribed in section 3 144.46 . 4 e. Upon receipt of the certified copy of the adoption 5 decree, the state registrar shall also attach a copy of any 6 contact preference form included with the certified copy to 7 the original certificate of birth or the purposes of section 8 144.24A. 9 e. f. If the person adopted was born outside this state 10 but in the United States, the state registrar shall forward 11 the certification certified copy of the adoption decree to the 12 appropriate agency in the state of birth. 13 f. g. A copy of any interlocutory adoption decree vacation 14 shall be delivered and another birth certificate shall be 15 prepared in the same manner as a certification certified copy 16 of the adoption decree is delivered and the birth certificate 17 was originally prepared. 18 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph 19 1, Code 2019, is amended to read as follows: 20 All With the exception of access to the original certificate 21 of birth as provided in section 144.24A, all of the papers and 22 records pertaining to a termination of parental rights under 23 chapter 600A and to an adoption shall not be open to inspection 24 and the identity of the biological parents of an adopted 25 person shall not be revealed except under any of the following 26 circumstances: 27 Sec. 5. Section 600A.4, subsection 2, Code 2019, is amended 28 by adding the following new paragraph: 29 NEW PARAGRAPH . 0f. Shall be accompanied by a contact 30 preference form completed by the biological parent of the 31 person to be adopted and attached to the original certificate 32 of birth as provided in section 144.24A. The contact 33 preference form shall be attached to any termination of 34 parental rights order issued pursuant to section 600A.9. 35 -5- LSB 1096YH (2) 88 pf/rh 5/ 8
H.F. 53 EXPLANATION 1 The inclusion of this explanation does not constitute agreement with 2 the explanation’s substance by the members of the general assembly. 3 This bill provides for access to an adult adopted person’s 4 original certificate of birth. 5 The bill provides that an adult adopted person who was 6 born in this state and whose original certificate of birth 7 was substituted with a new certificate of birth based upon 8 the adoption, may obtain a noncertified copy of the person’s 9 original certificate of birth as specified in the bill. 10 These specifications include that the adult adopted person 11 is at least 18 years of age at the time the application is 12 filed and that the adult adopted person must file a written 13 application with the state registrar. Upon receipt of the 14 written application and proof of identification and payment of 15 a fee, the state registrar of vital statistics shall issue a 16 noncertified copy of the original certificate of birth to the 17 applicant. At the time of such issuance, the state registrar 18 must also provide to the applicant any contact preference form 19 completed and submitted to the state registrar. The contact 20 preference form, developed by the state registrar, is a form 21 to be completed and submitted by the biological parent stating 22 a preference regarding contact by an adult adopted person 23 following application for and issuance of the noncertified 24 copy of the original certificate of birth. The preferences 25 available to the biological parent include a choice of one of 26 the following: (1) “I would like to be contacted. I have 27 completed this contact preference form and am filing the form 28 with the state registrar. I may change this preference by 29 filing a subsequent contact preference form with the state 30 registrar.” (2) “I would prefer to be contacted only through 31 an intermediary. I would like the following named individual 32 or entity to act as an intermediary. I have completed this 33 contact preference form and am filing the form with the 34 state registrar. I may change this preference by filing a 35 -6- LSB 1096YH (2) 88 pf/rh 6/ 8
H.F. 53 subsequent contact preference form with the state registrar.” 1 (3) “I do not want to be contacted; however, my personally 2 identifiable information may be released if requested in 3 accordance with Iowa Code section 144.24A. I have completed 4 this contact preference form and am filing the form with the 5 state registrar. I may change this preference by filing a 6 subsequent contact preference form with the state registrar.” 7 (4) “I request that all personally identifiable information 8 related to me be redacted from the original birth certificate. 9 I have completed this contact preference form and am filing the 10 form with the state registrar. I may change this preference 11 by filing a subsequent contact preference form with the state 12 registrar.” The contact preference form is to be provided to 13 an individual who is in the process of terminating parental 14 rights and is to be attached to a release of custody and 15 the termination of parental rights order, which in turn is 16 attached to the adoption petition and the adoption decree. 17 A certified copy of the adoption decree, including any copy 18 of the contact preference form, is to be sent to the state 19 registrar for the purpose of, in addition to the preparation 20 of a new birth certificate, attaching the contact preference 21 form to the original certificate of birth. The bill directs 22 the state registrar to adopt rules pursuant to Code chapter 23 17A to administer the provisions of the bill including rules 24 relating to fees for issuance of the noncertified copy of the 25 original certificate of birth, the application form and proof 26 of identification requirements relative to application for a 27 noncertified copy of an original certificate of birth, and 28 the contact preference form. Fees established are subject to 29 Code section 144.46 including provisions requiring that fees 30 collected are to be deposited in the general fund of the state 31 and the vital records fund in accordance with an apportionment 32 established by rule. 33 The bill includes conforming changes in the Code. The 34 bill provides an exception to the provisions and penalties 35 -7- LSB 1096YH (2) 88 pf/rh 7/ 8
H.F. 53 relating to the opening of papers and records pertaining to a 1 termination of parental rights or an adoption, to allow for 2 access to the original certificate of birth by an adult adopted 3 person consistent with the bill. 4 Notwithstanding the provisions of the bill relating to the 5 preference form and the use of the preference form, the bill 6 provides that, relative to an adult person who was adopted 7 prior to July 1, 2019, when the bill takes effect, a biological 8 parent may submit a contact preference form to the state 9 registrar of vital statistics on or before June 30, 2021. On 10 or after July 1, 2021, the adult adopted person may apply for a 11 noncertified copy of the person’s original certificate of birth 12 and any contact preference form in accordance with the bill. 13 If a contact preference form is submitted by a biological 14 parent on or before June 30, 2021, the adult adopted person may 15 obtain a noncertified copy of the person’s original certificate 16 of birth and any contact preference form in accordance with the 17 bill. However, if a contact preference form is not submitted 18 by a biological parent on or before June 30, 2021, the adult 19 adopted person’s original certificate of birth shall remain 20 sealed and shall only be subject to inspection as is provided 21 in the law prior to July 1, 2019, which provides that an adult 22 adopted person’s original certificate of birth shall only be 23 subject to inspection under order of a court of competent 24 jurisdiction, including an order issued pursuant to Code 25 section 600.16A, or as provided by administrative rule for 26 statistical or administrative purposes. 27 -8- LSB 1096YH (2) 88 pf/rh 8/ 8