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 TLSB 5211XS (3) 84 pf/nh
S.F. 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 -1- LSB 5211XS (3) 84 pf/nh 1/ 4
S.F. 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 . 35 -2- LSB 5211XS (3) 84 pf/nh 2/ 4
S.F. 2004 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 -3- LSB 5211XS (3) 84 pf/nh 3/ 4
S.F. 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. 17 -4- LSB 5211XS (3) 84 pf/nh 4/ 4