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Senate File 517 - IntroducedA Bill ForAn Act 1relating to the addition of biological parent
2information of an adult adopted person through
3reestablishment of an original certificate of birth, and
4providing fees.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 144.23A Biological parent
2information — reestablishment of original certificate of birth.
31. Notwithstanding whether an original certificate of
4birth is substituted with a new certificate of birth pursuant
5to section 144.24 following adoption of the subject of the
6original certificate of birth, whether a new certificate
7of birth is issued to show that a person for whom the new
8certificate is requested has been legitimated or that paternity
9of that person has been determined pursuant to section 144.23,
10or whether a new certificate of birth is issued to show
11paternity pursuant to section 144.40 if paternity is not shown
12on the original certificate of birth, an adopted person who is
13the subject of the original certificate of birth, who was born
14in this state, who is at least eighteen years of age at the time
15the application is filed, and whose original certificate of
16birth was substituted with a new certificate of birth pursuant
17to section 144.24 based upon the adoption, may apply to the
18state registrar to have that original certificate of birth
19reestablished to include the name on the original certificate
20of birth of an omitted biological parent in accordance with
21this section.
222. Prior to issuing a reestablished original certificate
23of birth as provided in subsection 1, all of the following
24requirements shall be met:
25a. The adopted person shall file a written application,
26in the form and manner prescribed by the state registrar
27along with proof of identification, with the state registrar
28consenting to the adopted person’s original certificate of
29birth being reestablished to include the name of an omitted
30biological parent.
31b. The adopted person shall obtain and submit to the state
32registrar one of the following regarding the person whose name
33is to be added as a biological parent:
34(1) If the person whose name is to be added as a biological
35parent is living, the adopted person shall obtain from the
-1-1person a sworn affidavit along with substantiating evidence
2attesting that the person is a biological parent of the subject
3of the original certificate of birth and that the name to be
4added is that of the biological parent that was omitted from
5the original certificate of birth.
6(2) If the person whose name is to be added as a biological
7parent is deceased, the adopted person shall obtain from
8the personal representative or successor of the estate of
9the person, from the trustee of the trust of the person,
10or from a relative of the person a sworn affidavit along
11with substantiating evidence, attesting that the person is a
12biological parent of the subject of the original certificate of
13birth and that the name to be added is that of the biological
14parent that was omitted from the original certificate of birth.
153. An adult adopted person as described in section 144.24A
16or an entitled person as defined in section 144.24A may
17apply for and obtain a noncertified copy of the reestablished
18original certificate of birth subject to compliance with the
19requirements for applying for and obtaining a noncertified copy
20of an original certificate of birth under section 144.24A. The
21reestablished original certificate of birth shall include the
22biological parent who was omitted from the original certificate
23of birth. A reestablished original certificate of birth shall
24be marked “reestablished”. A summary statement of the evidence
25submitted pursuant to this section shall be endorsed on the
26certificate.
274. The state registrar shall adopt rules pursuant to chapter
2817A to administer this section including rules relating to all
29of the following:
30a. The establishment, collection, and deposit of fees
31in accordance with section 144.46 for the preparation and
32registration of a reestablished original certificate of birth
33and for issuance of a noncertified copy of a reestablished
34original certificate of birth under this section. The
35fee established for issuance of a noncertified copy of a
-2-1reestablished original certificate of birth shall not exceed
2the fee established for issuance of a certified copy of a
3certificate of birth.
4b. The consent and affidavit forms, the proof of
5identification requirements relative to provision of consent
6by the subject of an original certificate of birth, and the
7evidentiary requirements to substantiate that a person is
8an omitted biological parent of the subject of the original
9certificate of birth.
105. For the purposes of this section:
11a. “Personal representative” means the same as defined in
12section 633.3.
13b. “Relative” means any of the following:
14(1) A person related to the person whose name is to be
15added on the original certificate of birth as a biological
16parent, by consanguinity or affinity within the second degree
17as determined by common law.
18(2) A lineal descendent, by consanguinity or affinity,
19of the person whose name is to be added to the original
20certificate of birth as a biological parent, including legally
21adopted children and biological children, stepchildren,
22grandchildren, great-grandchildren, and any other lineal
23descendent of such individual.
24c. “Successor” means the same as defined in section 633.356.
25d. “Trustee” means the same as defined in section 633.3.
26 Sec. 2. Section 144.24, subsection 2, Code 2023, is amended
27to read as follows:
282. Following substitution of the original certificate of
29birth with a new certificate of birth, the original certificate
30and the evidence of adoption, paternity, legitimation, or sex
31change shall not be subject to inspection except under order of
32a court of competent jurisdiction, including but not limited
33to an order issued pursuant to section 600.16A, as provided in
34section 144.23A or 144.24A, or as provided by administrative
35rule for statistical or administrative purposes only.
-3-1 Sec. 3. Section 144.24A, Code 2023, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 8. If an original certificate of birth
4is reestablished pursuant to section 144.23A, the adopted
5person or the entitled person who meets the requirements of
6this section may apply for and obtain a noncertified copy of
7the reestablished original certificate of birth of the adopted
8person who is the subject of the original certificate of birth
9subject to compliance with the requirements of this section
10relating to the issuance of a noncertified copy of an original
11certificate of birth.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides for the addition of biological parent
16information of an adult adopted person to an original
17certificate of birth through reestablishment of the original
18certificate of birth.
19The bill provides that notwithstanding whether an original
20certificate of birth is substituted with a new certificate
21of birth following adoption of the subject of the original
22certificate of birth, whether a new certificate of birth is
23issued to show that a person for whom the new certificate is
24requested has been legitimated or that paternity of that person
25has been determined, or whether a new certificate of birth
26is issued to show paternity if paternity is not shown on the
27original certificate of birth, an adopted person who is the
28subject of the original certificate of birth who was born in
29this state, who is at least 18 years of age at the time the
30application is filed, and whose original certificate of birth
31was substituted with a new certificate of birth pursuant to
32Code section 144.24 based upon the adoption, may apply to the
33state registrar to reestablish that original certificate of
34birth to include the name on that original certificate of birth
35of an omitted biological parent.
-4- 1The bill includes requirements that must be met prior to
2reestablishment of an original certificate of birth under
3the bill including: the adopted person shall file a written
4application, along with proof of identification, with the
5state registrar consenting to the adopted person’s original
6certificate of birth being reestablished to include the name
7of an omitted biological parent; and the adopted person shall
8obtain and submit to the state registrar an affidavit with
9substantiating evidence, from either the person whose name is
10to be added as a biological parent if that person is living or
11from a specified representative of that person if that person
12is deceased, attesting that the person whose name is to be
13added as a biological parent is a biological parent of the
14subject of the original certificate of birth and that the name
15to be added is that of the biological parent that was omitted
16from the original certificate of birth.
17A reestablished original certificate of birth registered
18under the bill shall be marked reestablished and a summary
19statement of the evidence submitted in support of the
20reestablished original certificate of birth shall be endorsed
21on the certificate.
22If an original certificate of birth is reestablished under
23the bill, an adopted person as described in Code section
24144.24A (access to original certificate of birth — application
25— contact preference form — medical history form — fees)
26or an entitled person as defined in Code section 144.24A may
27apply for and obtain a noncertified copy of the reestablished
28original certificate of birth subject to compliance with the
29requirements for applying for and obtaining a noncertified copy
30of an original certificate of birth under Code section 144.24A.
31The bill provides definitions for terms used in the bill
32including “personal representative”, “relative”, “successor”,
33and “trustee”.
34The bill directs the state registrar to adopt administrative
35rules relating to establishment, collection, and deposit of
-5-1fees for preparation and registration of a reestablished
2original certificate of birth and for issuance of a
3noncertified copy of a reestablished original certificate
4of birth; the consent and affidavit forms; the proof of
5identification requirements relative to the provision of
6consent by the subject of an original certificate of birth
7to reestablishment of the original certificate of birth; and
8the evidentiary requirements to substantiate that a person is
9an omitted biological parent of the subject of the original
10certificate of birth.
11The bill makes a conforming Code change to include an
12exemption to provide that the original certificate of birth may
13be subject to inspection for the purposes of reestablishment
14under the bill.
15The bill also makes conforming changes in Code section
16144.24A to reflect the provisions of the bill relating to
17issuance of a noncertified copy of a reestablished original
18certificate of birth.
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2information of an adult adopted person through
3reestablishment of an original certificate of birth, and
4providing fees.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 144.23A Biological parent
2information — reestablishment of original certificate of birth.
31. Notwithstanding whether an original certificate of
4birth is substituted with a new certificate of birth pursuant
5to section 144.24 following adoption of the subject of the
6original certificate of birth, whether a new certificate
7of birth is issued to show that a person for whom the new
8certificate is requested has been legitimated or that paternity
9of that person has been determined pursuant to section 144.23,
10or whether a new certificate of birth is issued to show
11paternity pursuant to section 144.40 if paternity is not shown
12on the original certificate of birth, an adopted person who is
13the subject of the original certificate of birth, who was born
14in this state, who is at least eighteen years of age at the time
15the application is filed, and whose original certificate of
16birth was substituted with a new certificate of birth pursuant
17to section 144.24 based upon the adoption, may apply to the
18state registrar to have that original certificate of birth
19reestablished to include the name on the original certificate
20of birth of an omitted biological parent in accordance with
21this section.
222. Prior to issuing a reestablished original certificate
23of birth as provided in subsection 1, all of the following
24requirements shall be met:
25a. The adopted person shall file a written application,
26in the form and manner prescribed by the state registrar
27along with proof of identification, with the state registrar
28consenting to the adopted person’s original certificate of
29birth being reestablished to include the name of an omitted
30biological parent.
31b. The adopted person shall obtain and submit to the state
32registrar one of the following regarding the person whose name
33is to be added as a biological parent:
34(1) If the person whose name is to be added as a biological
35parent is living, the adopted person shall obtain from the
-1-1person a sworn affidavit along with substantiating evidence
2attesting that the person is a biological parent of the subject
3of the original certificate of birth and that the name to be
4added is that of the biological parent that was omitted from
5the original certificate of birth.
6(2) If the person whose name is to be added as a biological
7parent is deceased, the adopted person shall obtain from
8the personal representative or successor of the estate of
9the person, from the trustee of the trust of the person,
10or from a relative of the person a sworn affidavit along
11with substantiating evidence, attesting that the person is a
12biological parent of the subject of the original certificate of
13birth and that the name to be added is that of the biological
14parent that was omitted from the original certificate of birth.
153. An adult adopted person as described in section 144.24A
16or an entitled person as defined in section 144.24A may
17apply for and obtain a noncertified copy of the reestablished
18original certificate of birth subject to compliance with the
19requirements for applying for and obtaining a noncertified copy
20of an original certificate of birth under section 144.24A. The
21reestablished original certificate of birth shall include the
22biological parent who was omitted from the original certificate
23of birth. A reestablished original certificate of birth shall
24be marked “reestablished”. A summary statement of the evidence
25submitted pursuant to this section shall be endorsed on the
26certificate.
274. The state registrar shall adopt rules pursuant to chapter
2817A to administer this section including rules relating to all
29of the following:
30a. The establishment, collection, and deposit of fees
31in accordance with section 144.46 for the preparation and
32registration of a reestablished original certificate of birth
33and for issuance of a noncertified copy of a reestablished
34original certificate of birth under this section. The
35fee established for issuance of a noncertified copy of a
-2-1reestablished original certificate of birth shall not exceed
2the fee established for issuance of a certified copy of a
3certificate of birth.
4b. The consent and affidavit forms, the proof of
5identification requirements relative to provision of consent
6by the subject of an original certificate of birth, and the
7evidentiary requirements to substantiate that a person is
8an omitted biological parent of the subject of the original
9certificate of birth.
105. For the purposes of this section:
11a. “Personal representative” means the same as defined in
12section 633.3.
13b. “Relative” means any of the following:
14(1) A person related to the person whose name is to be
15added on the original certificate of birth as a biological
16parent, by consanguinity or affinity within the second degree
17as determined by common law.
18(2) A lineal descendent, by consanguinity or affinity,
19of the person whose name is to be added to the original
20certificate of birth as a biological parent, including legally
21adopted children and biological children, stepchildren,
22grandchildren, great-grandchildren, and any other lineal
23descendent of such individual.
24c. “Successor” means the same as defined in section 633.356.
25d. “Trustee” means the same as defined in section 633.3.
26 Sec. 2. Section 144.24, subsection 2, Code 2023, is amended
27to read as follows:
282. Following substitution of the original certificate of
29birth with a new certificate of birth, the original certificate
30and the evidence of adoption, paternity, legitimation, or sex
31change shall not be subject to inspection except under order of
32a court of competent jurisdiction, including but not limited
33to an order issued pursuant to section 600.16A, as provided in
34section 144.23A or 144.24A, or as provided by administrative
35rule for statistical or administrative purposes only.
-3-1 Sec. 3. Section 144.24A, Code 2023, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 8. If an original certificate of birth
4is reestablished pursuant to section 144.23A, the adopted
5person or the entitled person who meets the requirements of
6this section may apply for and obtain a noncertified copy of
7the reestablished original certificate of birth of the adopted
8person who is the subject of the original certificate of birth
9subject to compliance with the requirements of this section
10relating to the issuance of a noncertified copy of an original
11certificate of birth.
12EXPLANATION
13The inclusion of this explanation does not constitute agreement with
14the explanation’s substance by the members of the general assembly.
15This bill provides for the addition of biological parent
16information of an adult adopted person to an original
17certificate of birth through reestablishment of the original
18certificate of birth.
19The bill provides that notwithstanding whether an original
20certificate of birth is substituted with a new certificate
21of birth following adoption of the subject of the original
22certificate of birth, whether a new certificate of birth is
23issued to show that a person for whom the new certificate is
24requested has been legitimated or that paternity of that person
25has been determined, or whether a new certificate of birth
26is issued to show paternity if paternity is not shown on the
27original certificate of birth, an adopted person who is the
28subject of the original certificate of birth who was born in
29this state, who is at least 18 years of age at the time the
30application is filed, and whose original certificate of birth
31was substituted with a new certificate of birth pursuant to
32Code section 144.24 based upon the adoption, may apply to the
33state registrar to reestablish that original certificate of
34birth to include the name on that original certificate of birth
35of an omitted biological parent.
-4- 1The bill includes requirements that must be met prior to
2reestablishment of an original certificate of birth under
3the bill including: the adopted person shall file a written
4application, along with proof of identification, with the
5state registrar consenting to the adopted person’s original
6certificate of birth being reestablished to include the name
7of an omitted biological parent; and the adopted person shall
8obtain and submit to the state registrar an affidavit with
9substantiating evidence, from either the person whose name is
10to be added as a biological parent if that person is living or
11from a specified representative of that person if that person
12is deceased, attesting that the person whose name is to be
13added as a biological parent is a biological parent of the
14subject of the original certificate of birth and that the name
15to be added is that of the biological parent that was omitted
16from the original certificate of birth.
17A reestablished original certificate of birth registered
18under the bill shall be marked reestablished and a summary
19statement of the evidence submitted in support of the
20reestablished original certificate of birth shall be endorsed
21on the certificate.
22If an original certificate of birth is reestablished under
23the bill, an adopted person as described in Code section
24144.24A (access to original certificate of birth — application
25— contact preference form — medical history form — fees)
26or an entitled person as defined in Code section 144.24A may
27apply for and obtain a noncertified copy of the reestablished
28original certificate of birth subject to compliance with the
29requirements for applying for and obtaining a noncertified copy
30of an original certificate of birth under Code section 144.24A.
31The bill provides definitions for terms used in the bill
32including “personal representative”, “relative”, “successor”,
33and “trustee”.
34The bill directs the state registrar to adopt administrative
35rules relating to establishment, collection, and deposit of
-5-1fees for preparation and registration of a reestablished
2original certificate of birth and for issuance of a
3noncertified copy of a reestablished original certificate
4of birth; the consent and affidavit forms; the proof of
5identification requirements relative to the provision of
6consent by the subject of an original certificate of birth
7to reestablishment of the original certificate of birth; and
8the evidentiary requirements to substantiate that a person is
9an omitted biological parent of the subject of the original
10certificate of birth.
11The bill makes a conforming Code change to include an
12exemption to provide that the original certificate of birth may
13be subject to inspection for the purposes of reestablishment
14under the bill.
15The bill also makes conforming changes in Code section
16144.24A to reflect the provisions of the bill relating to
17issuance of a noncertified copy of a reestablished original
18certificate of birth.
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