Senate
File
2004
-
Introduced
SENATE
FILE
2004
BY
McCOY
A
BILL
FOR
An
Act
relating
to
parentage
information
included
on
a
birth
1
certificate.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2004
Section
1.
Section
144.13,
Code
2011,
is
amended
to
read
as
1
follows:
2
144.13
Birth
certificates.
3
1.
Certificates
of
births
shall
be
filed
as
follows:
4
a.
A
certificate
of
birth
for
each
live
birth
which
occurs
5
in
this
state
shall
be
filed
as
directed
by
the
state
registrar
6
within
seven
days
after
the
birth
and
shall
be
registered
by
7
the
county
registrar
if
it
has
been
completed
and
filed
in
8
accordance
with
this
chapter
.
9
b.
When
a
birth
occurs
in
an
institution
or
en
route
to
an
10
institution,
the
person
in
charge
of
the
institution
or
the
11
person’s
designated
representative,
shall
obtain
the
personal
12
data,
prepare
the
certificate,
and
file
the
certificate
as
13
directed
by
the
state
registrar.
The
physician
in
attendance
14
or
the
person
in
charge
of
the
institution
or
the
person’s
15
designee
shall
certify
to
the
facts
of
birth
either
by
16
signature
or
as
otherwise
authorized
by
rule
and
provide
the
17
medical
information
required
by
the
certificate
within
seven
18
days
after
the
birth.
19
c.
When
a
birth
occurs
outside
an
institution
and
not
en
20
route
to
an
institution,
the
certificate
shall
be
prepared
21
and
filed
by
one
of
the
following
in
the
indicated
order
of
22
priority:
23
(1)
The
physician
in
attendance
at
or
immediately
after
the
24
birth.
25
(2)
Any
other
person
in
attendance
at
or
immediately
after
26
the
birth.
27
(3)
The
father
or
the
mother
A
parent
.
28
(4)
The
person
in
charge
of
the
premises
where
the
birth
29
occurred.
The
state
registrar
shall
establish
by
rule
the
30
evidence
required
to
establish
the
facts
of
birth.
31
d.
The
state
registrar
may
share
information
from
birth
32
certificates
for
the
sole
purpose
of
identifying
those
children
33
in
need
of
immunizations.
34
e.
If
an
affidavit
of
paternity
is
obtained
directly
from
35
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2004
the
county
registrar
and
is
filed
pursuant
to
section
252A.3A
1
the
county
registrar
shall
forward
the
original
affidavit
to
2
the
state
registrar.
3
2.
If
the
birth
mother
was
married
at
the
time
of
4
conception,
birth,
or
at
any
time
during
the
period
between
5
conception
and
birth,
the
name
of
the
husband
birth
mother’s
6
spouse
shall
be
entered
on
the
certificate
as
the
father
other
7
parent
of
the
child
unless
.
However,
if
paternity
has
been
8
determined
otherwise
by
a
court
of
competent
jurisdiction,
in
9
which
case
the
name
of
the
father
as
determined
by
the
court
10
shall
be
entered
by
the
department
as
the
other
parent
.
11
3.
If
the
birth
mother
was
not
married
at
the
time
of
12
conception,
birth,
and
at
any
time
during
the
period
between
13
conception
and
birth,
the
name
of
the
father
other
parent
14
shall
not
be
entered
on
the
certificate
of
birth
,
unless
.
15
However,
if
a
determination
of
paternity
has
been
made
pursuant
16
to
section
252A.3
,
in
which
case
the
name
of
the
father
as
17
established
shall
be
entered
by
the
department
as
the
other
18
parent
.
If
the
father
other
parent
is
not
named
on
the
19
certificate
of
birth,
no
other
information
about
the
father
20
other
parent
shall
be
entered
on
the
certificate.
21
3A.
The
division
shall
provide
birth
certificate
22
application
forms
that
include
a
designation
for
each
parent
23
as
mother,
father,
or
parent.
24
4.
The
division
shall
make
all
of
the
following
available
to
25
the
child
support
recovery
unit,
upon
request:
26
a.
A
copy
of
a
child’s
birth
certificate.
27
b.
The
social
security
numbers
number
of
the
mother
and
the
28
father
each
parent
.
29
c.
A
copy
of
the
affidavit
of
paternity
if
filed
pursuant
to
30
section
252A.3A
and
any
subsequent
recision
form
which
rescinds
31
the
affidavit.
32
d.
Information,
other
than
information
for
medical
and
33
health
use
only,
identified
on
a
child’s
birth
certificate
or
34
on
an
affidavit
of
paternity
filed
pursuant
to
section
252A.3A
.
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The
information
may
be
provided
as
mutually
agreed
upon
by
the
1
division
and
the
child
support
recovery
unit,
including
by
2
automated
exchange.
3
Sec.
2.
TASK
FORCE
——
ISSUES
RELATIVE
TO
SPOUSES
4
AND
PARENTS.
The
legislative
council
is
requested
to
5
establish
an
interim
task
force
to
review
the
legal
rights
6
and
responsibilities
of
spouses
and
parents
including
but
7
not
limited
to
the
determination
of
parentage,
support
of
8
dependents,
property
rights,
access
to
the
courts,
inheritance,
9
health
decisions,
contract
rights,
workplace
benefits,
10
insurance
coverage,
retirement
benefits,
and
taxation,
to
11
determine
any
necessary
changes
in
law,
rule,
or
practice
12
necessitated
by
recognition
of
changing
familial
patterns
and
13
advances
in
reproductive
technology.
The
task
force
shall
14
include
representatives
of
the
legal
profession,
the
courts,
15
insurance,
business
and
industry,
labor,
consumers,
and
others
16
with
interest
or
expertise
in
this
area.
The
task
force
shall
17
submit
a
report
of
recommendations
concerning
these
issues
and
18
recommendations
for
any
necessary
legislation
to
the
general
19
assembly
by
December
31,
2012.
20
EXPLANATION
21
This
bill
requires
that
if
a
birth
mother
was
married
at
the
22
time
of
conception,
birth,
or
at
any
time
during
the
period
23
between
conception
and
birth,
the
name
of
the
birth
mother’s
24
spouse
shall
be
entered
on
the
birth
certificate
as
the
other
25
parent
of
the
child.
The
bill
provides,
however,
that
if
26
paternity
has
been
determined
otherwise
by
a
court
of
competent
27
jurisdiction,
the
name
of
the
father
as
determined
by
the
court
28
shall
be
entered
by
the
department
as
the
other
parent.
29
Additionally,
if
the
birth
mother
was
not
married
at
the
time
30
of
conception,
birth,
and
at
any
time
during
the
period
between
31
conception
and
birth,
the
name
of
the
other
parent
shall
not
32
be
entered
on
the
certificate
of
birth.
The
bill
provides,
33
however,
that
if
a
determination
of
paternity
has
been
made,
34
the
name
of
the
father
as
established
shall
be
entered
by
the
35
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2004
department
as
the
other
parent.
If
the
other
parent
is
not
1
named
on
the
certificate
of
birth,
no
other
information
about
2
the
other
parent
is
to
be
entered
on
the
certificate.
3
The
bill
also
directs
the
division
for
records
and
4
statistics
within
the
department
of
public
health
to
provide
5
birth
certificate
application
forms
that
include
a
designation
6
for
each
parent
as
mother,
father,
or
parent.
7
The
bill
also
requests
the
legislative
council
to
8
establish
an
interim
task
force
to
review
the
legal
rights
9
and
responsibilities
of
spouses
and
parents
to
determine
any
10
necessary
changes
in
law,
rule,
or
practice
necessitated
by
11
recognition
of
changing
familial
patterns
and
advances
in
12
reproductive
technology.
The
bill
specifies
the
minimum
13
representation
for
the
task
force
and
directs
the
task
force
to
14
submit
a
report
of
recommendations
concerning
these
issues
and
15
recommendations
for
any
necessary
legislation
to
the
general
16
assembly
by
December
31,
2012.
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