CHAPTER 99
VITAL RECORDS MODIFICATIONS
[Prior to 12/12/12, see [641] Chs 100, 102]
641—99.1(144) Definitions. For the purpose of this chapter, the definitions in 641—Chapter 95 shall apply.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.2(144) Forms—property of department. All forms, certificates and reports pertaining to the registration of vital events are the property of the department and shall be surrendered to the state registrar upon demand.
	99.2(1) The forms supplied or approved for reporting vital events shall be used for official purposes as provided for by law, rules and instructions of the state registrar.
	99.2(2) No forms, except those furnished or approved by the state registrar, shall be used in the reporting or modification of vital events or the making of copies of vital records.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.3(144) Forms used in the establishment of new records. The standard certificate form for reporting of live birth, death, fetal death, or marriage in use at the time of the event shall be used to prepare a new certificate.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.4(144) Corrections of minor error in vital record—within one year of event.
	99.4(1) Corrections of minor errors may be made by the state registrar within one year and prior to the first anniversary of the date of the event upon observation, upon request of the data provider, upon query, or upon request from an entitled person. Minor errors include obvious errors, omissions, or transpositions of letters in words of common knowledge.
	99.4(2) For a certificate of live birth, entitled persons include in the following descending order of priority:
	a. 	Either parent as shown on the child’s certificate of live birth; or
	b. 	The legal guardian or agency having legal custody of the child.
	99.4(3) For a certificate of death or fetal death other than the medical certification, entitled persons include in the following descending order of priority:
	a. 	The surviving spouse as shown on the certificate of death;
	b. 	A parent as shown on the certificate of death or fetal death;
	c. 	The informant as shown on the certificate; or
	d. 	The data provider in the case of a data entry error.
	99.4(4) For a certificate of marriage, entitled persons include:
	a. 	The county registrar that issued the license to marry; or
	b. 	Either of the parties married.
	99.4(5) Entitled persons requesting a correction shall submit to the state registrar:
	a. 	A notarized statement and a legible copy of current government-issued photo identification or other identification documents acceptable to the state registrar; and
	b. 	Supporting evidence if requested by the state registrar.
	(1)	The state registrar shall determine a priority of best evidence and may, at the state registrar’s discretion, require additional documentary evidence to support the requested correction.
	(2)	The state registrar shall evaluate the evidence submitted in support of any correction, and when there is reason to question the validity or adequacy of the evidence, the state registrar may reject the request for correction and shall advise the applicant of the reasons for this action.
	99.4(6) Only the state registrar shall make corrections on a vital record. The source of information and the date of correction shall be documented on the record but shall not appear on the certified copy.
	99.4(7) There are no administrative fees required to correct a certificate pursuant to this rule.
	99.4(8) Certificates corrected pursuant to this rule shall not be marked “amended.”
	99.4(9) Any certified copies of the incorrect certificate shall be surrendered to the state registrar for replacement at no cost pursuant to 641—subrule 95.6(3). Additional certified copies of the corrected certificate may be obtained upon receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to 641—paragraph 95.6(1)“a.”
	99.4(10) The corrected certificate shall be on file at the county registrar’s office pursuant to rule 641—95.7(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 1075C, IAB 10/2/13, effective 11/6/13]
641—99.5(144) Amendment of certificate of live birth to add first or middle given name—within one year of event.
	99.5(1) The first or middle given name for a child whose birth was reported without a first or middle given name may be amended to add the first or middle given name within one year and prior to the first anniversary of the date of the live birth based upon a completed and notarized Affidavit to Add Child’s Given Name form as provided by the department pursuant to Iowa Code section 144.38. The affidavit shall be submitted to the state registrar by entitled persons in the following descending order of priority:
	a. 	The single parent or both parents as shown on the child’s certificate of live birth;
	b. 	The mother, in the case of the death or incapacity of the second parent;
	c. 	The second parent if listed on the birth certificate, in the case of the death or incapacity of the mother; or
	d. 	The legal guardian or agency having legal custody of the child.
	99.5(2) A first or middle given name may be added to the certificate of live birth once in this manner. Thereafter, a first or middle given name shall be changed only upon submission of a court order for a legal change of name from a court of competent jurisdiction pursuant to Iowa Code chapter 674.
	99.5(3) An administrative fee shall be charged and remitted pursuant to 641—paragraph 95.6(1)“b.”
	99.5(4) The original certificate shall be marked “amended” and shall be endorsed on the certified copy. The date of amendment and a summary description of the evidence submitted in support of the amendment shall be made a part of the record.
	99.5(5) The certificate shall be on file at the county registrar’s office pursuant to rule 641—95.7(144).
	99.5(6) Any certified copies of the incorrect certificate shall be surrendered for replacement at no cost. Additional certified copies of the amended certificate may be obtained upon the state registrar’s receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar, and payment of the fee pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 1075C, IAB 10/2/13, effective 11/6/13]
641—99.6(144) Amendment of vital record—one year or more after the event.
	99.6(1) Amendments of vital records may be made by the state registrar one year or more after the date of the event upon request from an entitled person or by an order to amend the record by a court of competent jurisdiction. Amendments include the correction of obvious errors, omissions, or transposition of letters in words of common knowledge.
	99.6(2) For a certificate of live birth, entitled persons include in the following descending order of priority:
	a. 	The registrant, if the registrant is of legal age, has reached the age of majority or is an emancipated minor;
	b. 	Either parent as shown on the child’s certificate of live birth; or
	c. 	The legal guardian or agency having legal custody of the child.
	99.6(3) For a certificate of death or fetal death other than the medical certification, entitled persons include:
	a. 	The surviving spouse as shown on the certificate of death;
	b. 	A parent as shown on the certificate of death or fetal death; or
	c. 	The informant as shown on the certificate of death or fetal death.
	99.6(4) Amendment of a medical certification of cause of death or fetal death shall be requested solely by the medical certifier listed on the certificate of death or fetal death.
	99.6(5) For a certificate of marriage, entitled persons include either of the parties married.
	99.6(6) Entitled persons requesting an amendment shall submit the following to the state registrar:
	a. 	A completed and notarized amendment request on the applicable form as follows:
	(1)	Amendment to Certificate of Live Birth form.
	(2)	Amendment to Certificate of Death or Fetal Death form.
	(3)	Amendment to Certificate of Marriage form;
	b. 	A legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar;
	c. 	Certified copies of one or more pieces of documentary evidence supporting the amendment; and
	d. 	The required fees pursuant to rule 641—95.6(144).
	99.6(7) The documentary evidence shall have been established at least five years prior to the date of the application or within seven years of the date of the event.
	a. 	The state registrar shall determine a priority of best evidence and may, at the state registrar’s discretion, require additional documentary evidence to support the requested amendment.
	b. 	The state registrar shall evaluate the evidence submitted in support of any amendment, and when there is reason to question the validity or adequacy of the evidence, the state registrar may reject the amendment and shall advise the applicant of the reasons for this action and provide information related to the applicant’s right of appeal to the district court pursuant to Iowa Code section 144.38.
	c. 	If a request to amend a certificate of birth is rejected under the provisions of Iowa Code section 144.38, a petition may be filed with the district court for an order amending a vital record. The petition shall:
	(1)	Be made on a form prescribed and furnished by the state registrar.
	(2)	Allege that diligent efforts by the petitioner have failed to obtain the evidence required in accordance with Iowa Code section 144.38.
	(3)	Allege that the state registrar has refused to amend the certificate of vital record.
	(4)	Include such other allegations as may be required.
	(5)	Be accompanied by a statement of the registration official made in accordance with Iowa Code section 144.38 and all documentary evidence which was submitted to the registration official in support of such registration.
	(6)	Be verified by the petitioner.
	99.6(8) An administrative fee shall be charged and remitted pursuant to rule 641—95.6(144).
	99.6(9) The original certificate shall be clearly marked “amended” and the date of the amendment shall be endorsed on the certified copy. A summary description of the evidence submitted in support of the amendment shall be made a part of the record.
	99.6(10) The amended certificate shall be on file at the county registrar’s office pursuant to rule 641—95.7(144).
	99.6(11) Any certified copies of the incorrect certificate shall be surrendered for replacement at no cost. Additional certified copies of the amended certificate may be obtained upon the state registrar’s receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 1075C, IAB 10/2/13, effective 11/6/13; ARC 4398C, IAB 4/10/19, effective 5/15/19]
641—99.7(144) Method of amendment of vital records.
	99.7(1) Records not on the electronic vital records system shall be amended by drawing a single line through the incorrect item and inserting the correct or missing data immediately above or to the side of the item or by completing a blank item. In all cases in which a line must be drawn through an original entry, the line must not obliterate the original entry. The following shall be endorsed on or made a part of the record:
	a. 	The word “amended” and the date of the amendment action; and
	b. 	A summary of the evidence submitted in support of the amendment.
	99.7(2) Records on the electronic vital records system shall be amended by correction of the incorrect item. The following shall be endorsed on or made a part of the record:
	a. 	The word “amended” and the date of the amendment action;
	b. 	A statement identifying the amendment; and
	c. 	A summary of the evidence submitted in support of the amendment.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.8(144) Correction or amendment of same item more than once. After a correction or an amendment is made on a vital record, that entry shall not be corrected again unless:
	99.8(1) It can be proven that an error was made in processing the first correction or amendment; or
	99.8(2) A court order is received from a court of competent jurisdiction to correct or amend the item. If a court order for a correction or an amendment is received, an administrative fee shall be charged and remitted pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.9(144) Other amendments to certificate of live birth.
	99.9(1) The parent’s name or both parents’ names as reported by the parent or parents on the birth worksheet used to establish the certificate of live birth shall only be amended if the amendment is supported by a certified copy of a vital record or amended by an order from a court of competent jurisdiction.
	99.9(2) Certificates of live birth of deceased persons shall only be amended if the amendment is supported by a certified copy of a vital record or amended by an order from a court of competent jurisdiction.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 4398C, IAB 4/10/19, effective 5/15/19]
641—99.10(144) Correction or amendment to medical certification of cause of death.
	99.10(1) Corrections or amendments to the medical certification of cause of death shall be requested solely by the medical certifier listed on the certificate of death or fetal death.
	99.10(2) The medical certifier may correct the medical certification of cause of death within 90 days following the date of death or fetal death. The request shall be submitted on official letterhead signed and dated by the medical certifier listed on the certificate of death or fetal death.
	99.10(3) Any amendment after 90 days following the date of death or fetal death shall be made by order of a court of competent jurisdiction. However, the medical certification of cause of death may be amended at any time upon submission of a report of autopsy or toxicological findings or additional findings by the county or state medical examiner.
	99.10(4) No fee shall be charged for correction or amendment made pursuant to this rule.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.11(144) Correction or amendment to a certificate of marriage.
	99.11(1) The request to correct a certificate of marriage during the first year may be made by the county registrar that issued the license to marry. The written request shall be submitted to the state registrar with supporting evidence.
	99.11(2) The request to correct or amend a certificate of marriage may be made by either of the parties married. The written request shall be submitted to the state registrar with supporting evidence.
	99.11(3) An order from a court of competent jurisdiction is required to correct or amend a legal name after marriage.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 4398C, IAB 4/10/19, effective 5/15/19]
641—99.12(144) Correction to a report of dissolution of marriage or annulment.
	99.12(1) A written notice to correct a report of dissolution of marriage or annulment may be submitted to the state registrar by the clerk of district court maintaining the record from which the original report was prepared. The notice shall state in what manner the report shall be corrected.
	99.12(2) Those items appearing on the Report of Dissolution of Marriage or Annulment form that are not a part of the divorce decree may be corrected either by query or upon application of either party to the dissolution of marriage or annulment or the legal representative.
	99.12(3) Corrections to the report of dissolution of marriage or annulment shall be accepted only within the first year from the date of dissolution of marriage or annulment.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.13(144) Minimum information required to establish a new certificate of live birth.
	99.13(1) A request to establish a new certificate of live birth shall be submitted to the state registrar and include at a minimum the following information:
	a. 	The full name of the child as stated on the original certificate of live birth;
	b. 	The full name of the child to be listed on the new certificate of live birth;
	c. 	The date and place of birth as stated on the original certificate of live birth;
	d. 	The full name of the parent or parents as listed on the original certificate of live birth; and
	e. 	The full name, place of birth, date of birth, and complete residential address of the parent or parents to be listed on the new certificate of live birth.
	99.13(2) The new certificate of live birth shall contain the same state file number and registration file date as were assigned to the original certificate of live birth.
	99.13(3) The clerk of the court shall, within 30 days of issuance, deliver one certified copy of any adoption decree, and any contact preference form or medical history form associated with the certified copy of any adoption decree for the purposes of Iowa Code section 144.24A, and fee pursuant to rule 641—95.6(144) to the state registrar of vital statistics to prepare a certificate of birth as prescribed in Iowa Code section 144.19.
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 6108C, IAB 12/29/21, effective 2/2/22]
641—99.14(144) Establishment of new certificate of live birth following adoption.
	99.14(1) Upon receipt of a completed Certificate of Adoption Report form or a certified copy of the decree of adoption from a court of competent jurisdiction and the information required pursuant to rule 641—99.13(144), the state registrar shall establish a new certificate of live birth for a person who was born in Iowa and has been adopted.
	99.14(2) The new certificate of live birth shall not be marked “amended.”
	99.14(3) When a new certificate of live birth is established, the actual date and place of birth shall be shown on the certificate.
	99.14(4) The county registrar and state registrar shall seal the original certificate of live birth. The state registrar shall place the original certificate of live birth and all related adoption information in a sealed file, and the file shall not be opened and inspected except by the state registrar for administrative purposes or upon an order from a court of competent jurisdiction pursuant to Iowa Code section 144.24 or as provided in Iowa Code section 144.24A.
	99.14(5) The new certificate of live birth after adoption shall not be on file at the county registrar’s office.
	99.14(6) The state registrar shall reveal the date of the adoption and the name and address of the court that issued the adoption decree upon the receipt of a completed, notarized Revelation of County of Adoption form from an adult adopted person, a biological parent, an adoptive parent, or the legal representative of the adult adopted person, the biological parent, or the adoptive parent pursuant to Iowa Code section 144.24.
	99.14(7) Administrative and certified copy fees shall be charged and remitted pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 6108C, IAB 12/29/21, effective 2/2/22]
641—99.15(144) Establishment of new certificate of live birth following a birth by gestational surrogate arrangement.
	99.15(1) All live births shall be considered the product of the woman who delivered the live infant and shall be filed in the standard manner, with that woman named as the birth mother on the original record submitted for registration.
	99.15(2) For the purpose of filing for registration the record of a live birth by a gestational surrogate, the institution’s or non-institution’s person responsible for filing the certificate of live birth shall:
	a. 	Notify the state registrar of the birth of a child pursuant to a gestational surrogate arrangement;
	b. 	Follow directives for completion of the official birth worksheet;
	c. 	Submit the birth record for registration based on the birth mother’s information; and
	d. 	Notify the state registrar when the birth record has been submitted for registration.
	99.15(3) In addition, the institution’s or non-institution’s person responsible for filing the record for registration shall:
	a. 	Provide the prenatal and medical data on the medical portion of the birth worksheet pertinent to the pregnancy and the birth mother’s prenatal care;
	b. 	Waive all birth registration and copy fees as collected on behalf of the state registrar;
	c. 	 Indicate on the registration that the birth mother does not have custody of the infant;
	d. 	Assist in advising the intended parents of the procedures required to file the original birth record for registration and to reestablish the record to reflect the intended parents’ information; and
	e. 	Advise the birth mother to complete the mother’s portion of the birth worksheet and to mark “no” for the social security card for the child.
	99.15(4) Two intended parents—both intended parents are biological parents to the child. If the intended mother is the egg donor and the intended father is the sperm donor to the child being carried by the gestational surrogate:
	a. 	After the birth of the child, the intended parents shall petition a court of competent jurisdiction to establish legal paternity and maternity of the child.
	b. 	The court shall enter an order requiring the state registrar to reestablish the certificate of live birth naming the intended mother and father as the legal mother and father and requiring the state registrar to seal the original birth certificate and all related documentation.
	c. 	The court order shall:
	(1)	Identify the child’s full name as stated on the original certificate of live birth;
	(2)	State the child’s date of birth and place of birth;
	(3)	Identify the full names of the birth mother and her legal spouse, if married;
	(4)	Disestablish the birth mother and her legal spouse, if married, as the legal parents of the child; and
	(5)	Identify the intended parents’ full names prior to any marriage, full current legal names, dates of birth, birthplaces, social security numbers, and full current residential address including county.
	d. 	The intended parents or their legal representative shall:
	(1)	Submit a certified copy of the court order to the state registrar;
	(2)	Remit administrative and certified copy fees pursuant to rule 641—95.6(144); and
	(3)	Include a notarized written request with mailing instructions for the certified copy of the certificate of live birth.
	99.15(5) Two intended parents—intended mother is biological mother to the child; her legal spouse is not a biological parent. If the intended mother is the egg donor but her legal spouse is not the sperm donor, the intended mother shall petition a court of competent jurisdiction after the birth of the child to establish legal maternity.
	a. 	The court shall enter an order requiring the state registrar to reestablish the certificate of live birth naming the intended mother as the legal mother and shall require the state registrar to seal the original certificate of live birth and all related documents.
	b. 	The court order establishing legal maternity shall:
	(1)	Identify the child’s full name as stated on the original certificate of live birth;
	(2)	State the child’s date of birth and place of birth;
	(3)	Identify the full names of the birth mother and her legal spouse, if married;
	(4)	Disestablish the birth mother and her legal spouse, if married, as the legal parents of the child; and
	(5)	Identify the intended mother’s full name prior to any marriage, full current name, date of birth, birthplace, social security number, and full current residential address including county.
	c. 	The intended mother or her legal representative shall:
	(1)	Submit a certified copy of the court order to the state registrar;
	(2)	Remit administrative and certified copy fees pursuant to rule 641—95.6(144); and
	(3)	Include a notarized written request with mailing instructions for the certified copy of the certificate of live birth.
	99.15(6) Two intended parents—intended father is biological father to the child; his legal spouse is not a biological parent.
	a. 	If the surrogate birth mother is unmarried and the intended father is the sperm donor, the unmarried surrogate birth mother and the intended father may complete a Voluntary Paternity Affidavit form after the child’s birth to place the intended father’s name and information on the certificate of live birth.
	b. 	If the surrogate birth mother is married and the intended father is the sperm donor, the married surrogate birth mother and the intended father shall by court order disestablish the surrogate birth mother’s legal spouse as the legal parent and may complete a Voluntary Paternity Affidavit form pursuant to Iowa Code section 144.13.
	c. 	The court order that disestablishes the married surrogate birth mother’s legal spouse and the completed Voluntary Paternity Affidavit form shall be submitted to the state registrar.
	d. 	If a certified copy of the certificate of live birth is requested, a notarized written request shall also be submitted to the state registrar with the certified copy fee and mailing instructions.
	e. 	There is no administrative fee to process the completed Voluntary Paternity Affidavit form.
	f. 	Adoption laws shall be followed to reestablish the certificate of live birth by establishing the nonbiological parent on the certificate of live birth pursuant to Iowa Code chapter 600.
	99.15(7) Two intended parents—neither biological parent to the child. If the intended parents are neither the egg donor nor sperm donor, adoption laws shall be followed to reestablish the certificate of live birth by disestablishing the birth mother and her legal spouse, if any, and establishing the nonbiological parents on the certificate of live birth pursuant to Iowa Code chapter 600.
	99.15(8) One female intended parent—biological mother to the child. If the intended mother is the egg donor to the child being carried by the gestational surrogate:
	a. 	After the birth of the child, the intended mother shall petition a court of competent jurisdiction to establish legal maternity of the child.
	b. 	The court shall enter an order requiring the state registrar to reestablish the certificate of live birth naming the intended mother as the legal mother and requiring the state registrar to seal the original certificate of live birth and all related documentation.
	c. 	The court order shall:
	(1)	Identify the child’s full name as stated on the original certificate of live birth;
	(2)	State the child’s date of birth and place of birth;
	(3)	Identify the full names of the birth mother and her legal spouse, if married;
	(4)	Disestablish the birth mother and her legal spouse, if married, as the legal parents of the child; and
	(5)	Identify the intended parent’s full name prior to any marriage, full current legal name, date of birth, birthplace, social security number, and full current residential address including county.
	d. 	The intended parent or her legal representative shall:
	(1)	Submit a certified copy of the court order to the state registrar;
	(2)	Remit administrative and certified copy fees pursuant to rule 641—95.6(144); and
	(3)	Include a notarized written request with mailing instructions for the certified copy of the certificate of live birth.
	99.15(9) One male intended parent—biological father to the child.
	a. 	If the surrogate birth mother is unmarried and the intended father is the sperm donor, the unmarried surrogate birth mother and the intended father may complete a Voluntary Paternity Affidavit form after the child’s birth to place the intended father’s name and information on the certificate of live birth.
	b. 	If the surrogate birth mother is married and the intended father is the sperm donor, the married surrogate birth mother and the intended father shall by court order disestablish the surrogate birth mother’s legal spouse as the legal parent and may complete a Voluntary Paternity Affidavit form pursuant to Iowa Code section 144.13.
	c. 	The court order that disestablishes the married surrogate birth mother’s legal spouse and the completed Voluntary Paternity Affidavit form shall be submitted to the state registrar.
	d. 	If a certified copy of the certificate of live birth is requested, a notarized written request shall also be submitted to the state registrar with the certified copy fee and mailing instructions.
	e. 	There is no administrative fee to process the completed Voluntary Paternity Affidavit form.
	f. 	If the intended father has been established as the legal father pursuant to paragraph 99.15(9)“a” or “b” and the surrogate birth mother and the intended father wish to remove the surrogate birth mother as the legal mother from the certificate of live birth, the parties shall seek a court order. The court order disestablishing legal maternity shall:
	(1)	Identify the child’s full name as stated on the original certificate of live birth;
	(2)	State the child’s date of birth and place of birth;
	(3)	Identify the full name of the birth mother; and
	(4)	Disestablish the birth mother as the legal parent of the child.
	g. 	The intended parent or his legal representative shall:
	(1)	Submit a certified copy of the court order to the state registrar;
	(2)	Remit administrative and certified copy fees pursuant to rule 641—95.6(144); and
	(3)	Include a notarized written request with mailing instructions for the certified copy of the certificate of live birth.
	99.15(10) One intended parent—not biological parent to the child. If the intended parent is neither the egg donor nor sperm donor, adoption laws shall be followed to reestablish the certificate of live birth by disestablishing the birth mother and her legal spouse, if any, and establishing the nonbiological parent on the certificate of live birth pursuant to Iowa Code chapter 600.
	99.15(11) The state registrar shall seal the original certificate of live birth. The state registrar shall place the original certificate of live birth and all related documents in a sealed file, and the file shall not be opened and inspected except by the state registrar for administrative purposes or upon an order from a court of competent jurisdiction pursuant to Iowa Code section 144.24.
	99.15(12) The new certificate of live birth shall not be marked “amended.”
	99.15(13) The new certificate of live birth shall not be on file at the county registrar’s office pursuant to rule 641—95.7(144).
	99.15(14) A certified copy fee and an administrative fee to replace a parent’s information on a certificate of live birth shall be charged and remitted pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 1075C, IAB 10/2/13, effective 11/6/13]
641—99.16(144) Certificate of live birth following voluntary paternity affidavit.
	99.16(1) If the birth mother was legally married at the time of conception or birth or at any time during the period between conception and birth, the name of her spouse shall be entered on the certificate of live birth as a parent pursuant to Iowa Code section 144.13.
	99.16(2) If the birth mother was not legally married at the time of conception or birth or at any time during the period between conception and birth, the birth mother and the alleged biological father may:
	a. 	Complete a Voluntary Paternity Affidavit form after the birth of the child; and
	b. 	Submit the completed form to the state registrar.
	99.16(3) If the birth mother was legally married at the time of conception or birth or at any time during the period between conception and birth, and her legal spouse is not the biological father, the birth mother and the alleged biological father may:
	a. 	Complete a Voluntary Paternity Affidavit form after the birth of the child;
	b. 	Obtain a court order that disestablishes her legal spouse as a parent; and
	c. 	Submit the completed form and a certified copy of the court order to the state registrar.
	99.16(4) If the birth mother and the biological father of an Iowa-born child subsequently marry each other after a voluntary affidavit of paternity has been processed, the parents may submit a second completed Voluntary Paternity Affidavit form with a certified copy of the parents’ certificate of marriage to establish a new certificate changing the child’s last name to that of the father.
	99.16(5) If another man is shown as the father on the original certificate of live birth, a new certificate of live birth may be established only when a determination of paternity is made by a court of competent jurisdiction.
	99.16(6) There is no age limitation and no fee for filing a completed Voluntary Paternity Affidavit form.
	99.16(7) The county registrar and the state registrar shall seal the original certificate of live birth. The state registrar shall place the original certificate of live birth and all related documents in a sealed file, and the file shall not be opened and inspected except by the state registrar for administrative purposes or upon an order from a court of competent jurisdiction pursuant to Iowa Code section 144.24.
	99.16(8) A copy of the completed and processed Voluntary Paternity Affidavit form may be acquired by either parent or either parent’s legal representative upon notarized application and payment of the fee pursuant to rule 641—95.6(144). The notarized application shall include at a minimum the following items:
	a. 	The child’s full name;
	b. 	The child’s date and place of birth;
	c. 	The mother’s full name prior to any marriage; and
	d. 	The full name and mailing address of the applicant.
	99.16(9) The new certificate of live birth shall not be marked “amended.”
	99.16(10) The new certificate of live birth shall be on file at the county registrar’s office pursuant to rule 641—95.7(144).
	99.16(11) The birth mother and the biological father shall surrender any incorrect certified copies of the child’s certificate of live birth for replacement at no cost. Additional certified copies of the new certificate of live birth shall be acquired upon receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 1075C, IAB 10/2/13, effective 11/6/13]
641—99.17(144) Certificate of live birth following court determination of paternity.
	99.17(1) If the birth mother was married at the time of conception or birth or at any time during the period between conception and birth, the name of her spouse shall be entered on the certificate of live birth as a parent unless paternity has been determined otherwise by a court of competent jurisdiction pursuant to Iowa Code section 144.13.
	99.17(2) Upon receipt of a certified copy of the court determination of paternity order from a court of competent jurisdiction or the completed Abstract From Court Determination of Paternity form, the state registrar shall establish a new certificate of live birth to be filed in place of the original certificate of live birth.
	99.17(3) The new certificate of live birth shall list the name of the child as stated in the court determination of paternity order.
	99.17(4) The state child support recovery unit may not change the child’s name.
	99.17(5) After a court determination of paternity has been completed, the parents as listed on the court order may submit a completed Voluntary Paternity Affidavit form to change the child’s last name to that of the established father.
	99.17(6)  The county registrar and the state registrar shall seal the original certificate of live birth. The state registrar shall place the original certificate of live birth and all related documents in a sealed file, and the file shall not be opened and inspected except by the state registrar for administrative purposes or upon an order from a court of competent jurisdiction pursuant to Iowa Code section 144.24.
	99.17(7) The new certificate of live birth shall not be marked “amended.”
	99.17(8) The new certificate of live birth shall be on file at the county registrar’s office pursuant to rule 641—95.7(144).
	99.17(9) There are no administrative fees required to establish a new certificate of live birth following a court determination of paternity.
	99.17(10) Any incorrect certified copy of the child’s certificate of live birth shall be surrendered for replacement at no cost. Additional certified copies of the new certificate of live birth shall be acquired upon receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 1075C, IAB 10/2/13, effective 11/6/13]
641—99.18(144) Certificate of live birth following recision of paternity affidavit or disestablishment of paternity.
	99.18(1) An application to rescind a voluntary paternity affidavit shall be made on the Recision of Paternity Affidavit form by either the birth mother or the putative father who originally completed and signed the Voluntary Paternity Affidavit form pursuant to Iowa Code section 252A.3A.
	a. 	The completed Recision of Paternity Affidavit form shall be notarized and received by the state registrar within the earlier of either 60 days from the latest notarized parental signature on the original Voluntary Paternity Affidavit form or entry of a court order regarding the child by the Iowa child support recovery unit pursuant to Iowa Code section 252A.3A.
	b. 	Acceptance of the completed Recision of Paternity Affidavit form shall remove the alleged biological father’s information from the certificate of live birth and rescind the voluntary paternity affidavit.
	c. 	The child’s last name shall revert to the last name as it was listed on the certificate of live birth prior to the voluntary paternity affidavit.
	d. 	The state registrar shall send a written notice of the recision to the last-known address of the signatory of the voluntary paternity affidavit who did not sign the Recision of Paternity Affidavit form.
	e. 	After the completed Recision of Paternity Affidavit form has been accepted and processed, the state registrar shall not accept any subsequent Voluntary Paternity Affidavit forms signed by the same mother and putative father relating to the same child pursuant to Iowa Code section 252A.3A.
	99.18(2) Upon receipt of a court-ordered disestablishment of paternity, the father’s information shall be removed from the certificate of live birth. The child’s last name shall revert to the last name as it was listed on the certificate of live birth prior to the establishment of paternity.
	99.18(3) An administrative fee shall be charged and remitted pursuant to rule 641—95.6(144).
	99.18(4) The county registrar and the state registrar shall seal the original certificate of live birth. The state registrar shall place the recision of paternity information in the same sealed file as the original certificate of live birth and all previous related documents. The file shall not be opened and inspected except by the state registrar for administrative purposes or upon an order from a court of competent jurisdiction pursuant to Iowa Code section 144.24.
	99.18(5) The new certificate of live birth shall not be marked “amended.”
	99.18(6) The new certificate of live birth shall be on file at the county registrar’s office pursuant to rule 641—95.7(144).
	99.18(7) Any incorrect certified copies of the child’s certificate of live birth shall be surrendered for replacement at no cost. Additional certified copies of the new certificate of live birth shall be acquired upon receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.19(144) Certificate of live birth following court-ordered change of name.
	99.19(1) For a court-ordered name change, a certified copy of an order from a court of competent jurisdiction pursuant to Iowa Code chapter 674 or an Abstract to Change Registrant’s Legal Name form completed by the clerk of district court changing the name shall be submitted to the state registrar.
	99.19(2) Only the person named on the record, parent or parents if the registrant is a minor child, legal guardian, or legal representative may request a court-ordered change of name.
	99.19(3) The court order or abstract shall contain:
	a. 	The registrant’s full name as it appears on the original certificate of live birth;
	b. 	The registrant’s date and place of birth;
	c. 	The mother’s full maiden name and father’s full name as it appears on the original certificate of live birth;
	d. 	The registrant’s full new name; and
	e. 	The certification of the clerk of district court.
	99.19(4) The certified copy of a certificate of live birth after a legal change of name shall be clearly marked “legal change of name” and note the following:
	a. 	The registrant’s full name as shown on the original certificate;
	b. 	Any previous legal name changes;
	c. 	The registrant’s full new name according to the court order;
	d. 	The date the legal change of name order was granted; and
	e. 	The name of the court that ordered the name change pursuant to Iowa Code chapter 674.
	99.19(5) A parent cannot be added to the certificate of live birth with a court-ordered change of name.
	99.19(6) The county registrar and the state registrar shall seal the original certificate of live birth. The state registrar shall place the original certificate of live birth and all related documents in a sealed file, and the file shall not be opened and inspected except by the state registrar for administrative purposes or upon an order from a court of competent jurisdiction pursuant to Iowa Code section 144.24.
	99.19(7) After the court-ordered change of name, the certificate of live birth shall not be on file at the county registrar’s office pursuant to rule 641—95.7(144).
	99.19(8) An administrative fee shall be charged and remitted pursuant to rule 641—95.6(144).
	99.19(9) Any incorrect certified copies of the certificate shall be surrendered for replacement at no cost. Additional certified copies of the new certificate shall be acquired upon receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
641—99.20(144) Certificate of live birth following sex designation change.
	99.20(1) After surgery or other treatment to change a sex designation, the registrant shall submit to the state registrar a notarized affidavit from the physician and surgeon, or osteopathic physician and surgeon, completing the sex designation treatment stating the following:
	a. 	The sex designation has been permanently changed by surgery or other treatment;
	b. 	Description of the medical procedures; and
	c. 	The physician and surgeon or osteopathic physician and surgeon’s full name, address, state of medical license, and medical license number.
	99.20(2) The medical affidavit shall be accompanied by a completed and notarized Amendment to Certificate of Live Birth form.
	99.20(3) If the registrant’s name is to be changed on the certificate of live birth, the registrant shall submit to the state registrar a certified copy of the court-ordered change of name.
	99.20(4) Pursuant to Iowa Code section 144.23, the state registrar may make further investigation or require further information necessary to determine whether a sex change has occurred.
	99.20(5)  The county registrar and the state registrar shall seal the original certificate of live birth. The state registrar shall place the original certificate of live birth and all related documents in a sealed file, and the file shall not be opened and inspected except by the state registrar for administrative purposes or upon an order from a court of competent jurisdiction pursuant to Iowa Code section 144.24.
	99.20(6) The certificate of live birth after the sex designation change shall not be on file at the county registrar’s office pursuant to rule 641—95.7(144).
	99.20(7) The new certificate of live birth shall not be marked “amended.”
	99.20(8) Administrative fees shall be charged and remitted pursuant to rule 641—95.6(144).
	99.20(9) Any incorrect certified copies of the certificate shall be surrendered for replacement at no cost. Additional certified copies of the new certificate shall be acquired upon receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to rule 641—95.6(144).
[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]
These rules are intended to implement Iowa Code sections 144.19 to 144.21, 144.23, 144.24, 144.25A, 144.38 to 144.41, 252A.3A, 600.15, 600.16A, 674.2, 674.7 and 674.9.
[Filed ARC 0483C (Notice ARC 0376C, IAB 10/3/12), IAB 12/12/12, effective 1/16/13]1
[Filed ARC 1075C (Notice ARC 0925C, IAB 8/7/13), IAB 10/2/13, effective 11/6/13]
[Filed ARC 4398C (Notice ARC 4127C, IAB 11/21/18), IAB 4/10/19, effective 5/15/19]
[Filed ARC 6108C (Notice ARC 5926C, IAB 9/22/21), IAB 12/29/21, effective 2/2/22]
1	January 16, 2013, effective date of the rescission of Chapter 99 and the adoption of new Chapter 99 [ARC 0483C] delayed until adjournment of the 2013 General Assembly by the Administrative Rules Review Committee at its meeting held January 8, 2013; delay lifted at the meeting held March 8, 2013.