H.F. 2157 Section 1. Section 144.24, Code 2018, 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 5922YH (4) 87 pf/rh 1/ 8

H.F. 2157 b. The adult adopted person shall file a written application 1 on a form and in the manner prescribed by the state registrar 2 with 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 5922YH (4) 87 pf/rh 2/ 8

H.F. 2157 (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, 2018, 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, 2020. 17 b. On or after July 1, 2020, 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, 2020, 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, 2020, 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 5922YH (4) 87 pf/rh 3/ 8

H.F. 2157 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 2018, is amended 9 to read as follows: 10 5. 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. The clerk of the court 18 shall, within thirty days of issuance, deliver one certified 19 copy of any adoption decree to the petitioner , at no charge , 20 one copy of any adoption decree to the department and any 21 adoption service provider who placed a minor person for 22 adoption , at no charge , and one certification certified copy of 23 any adoption decree to the state registrar of vital statistics 24 to prepare a certificate of adoption birth as prescribed in 25 section 144.19 to the state registrar of vital statistics at no 26 charge . Upon receipt of the certification certified copy of 27 the adoption decree , the state registrar shall prepare a new 28 birth certificate pursuant to section 144.23 and deliver to the 29 parents named in the decree and any adult person adopted by the 30 decree a copy of the new birth certificate. The parents shall 31 pay the fee prescribed in section 144.46 . Upon receipt of the 32 certified copy of the adoption decree, the state registrar 33 shall also attach a copy of any contact preference form 34 included with the certified copy to the original certificate 35 -4- LSB 5922YH (4) 87 pf/rh 4/ 8

H.F. 2157 of birth for the purposes of section 144.24A. If the person 1 adopted was born outside this state but in the United States, 2 the state registrar shall forward the certification of adoption 3 to the appropriate agency in the state of birth. A copy of any 4 interlocutory adoption decree vacation shall be delivered and 5 another birth certificate shall be prepared in the same manner 6 as a certification of adoption is delivered and the birth 7 certificate was originally prepared. 8 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph 9 1, Code 2018, is amended to read as follows: 10 All With the exception of access to the original certificate 11 of birth as provided in section 144.24A, all of the papers and 12 records pertaining to a termination of parental rights under 13 chapter 600A and to an adoption shall not be open to inspection 14 and the identity of the biological parents of an adopted 15 person shall not be revealed except under any of the following 16 circumstances: 17 Sec. 5. Section 600A.4, subsection 2, Code 2018, is amended 18 by adding the following new paragraph: 19 NEW PARAGRAPH . 0f. Shall be accompanied by a contact 20 preference form completed by the biological parent of the 21 person to be adopted and attached to the original certificate 22 of birth as provided in section 144.24A. The contact 23 preference form shall be attached to any termination of 24 parental rights order issued pursuant to section 600A.9. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill provides for access to an adult adopted person’s 29 original certificate of birth. 30 The bill provides that an adult adopted person who was 31 born in this state and whose original certificate of birth 32 was substituted with a new certificate of birth based upon 33 the adoption, may obtain a noncertified copy of the person’s 34 original certificate of birth as specified in the bill. 35 -5- LSB 5922YH (4) 87 pf/rh 5/ 8

H.F. 2157 These specifications include that the adult adopted person 1 is at least 18 years of age at the time the application is 2 filed and that the adult adopted person must file a written 3 application with the state registrar. Upon receipt of the 4 written application and proof of identification and payment of 5 a fee, the state registrar of vital statistics shall issue a 6 noncertified copy of the original certificate of birth to the 7 applicant. At the time of such issuance, the state registrar 8 must also provide to the applicant any contact preference form 9 completed and submitted to the state registrar. The contact 10 preference form, developed by the state registrar, is a form 11 to be completed and submitted by the biological parent stating 12 a preference regarding contact by an adult adopted person 13 following application for and issuance of the noncertified 14 copy of the original certificate of birth. The preferences 15 available to the biological parent include a choice of one of 16 the following: (1) “I would like to be contacted. I have 17 completed this contact preference form and am filing the form 18 with the state registrar. I may change this preference by 19 filing a subsequent contact preference form with the state 20 registrar.” (2) “I would prefer to be contacted only through 21 an intermediary. I would like the following named individual 22 or entity to act as an intermediary. I have completed this 23 contact preference form and am filing the form with the 24 state registrar. I may change this preference by filing a 25 subsequent contact preference form with the state registrar.” 26 (3) “I do not want to be contacted; however, my personally 27 identifiable information may be released if requested in 28 accordance with Iowa Code section 144.24A. I have completed 29 this contact preference form and am filing the form with the 30 state registrar. I may change this preference by filing a 31 subsequent contact preference form with the state registrar.” 32 (4) “I request that all personally identifiable information 33 related to me be redacted from the original birth certificate. 34 I have completed this contact preference form and am filing the 35 -6- LSB 5922YH (4) 87 pf/rh 6/ 8

H.F. 2157 form with the state registrar. I may change this preference 1 by filing a subsequent contact preference form with the state 2 registrar.” The contact preference form is to be provided to 3 an individual who is in the process of terminating parental 4 rights and is to be attached to a release of custody and 5 the termination of parental rights order, which in turn is 6 attached to the adoption petition and the adoption decree. 7 A certified copy of the adoption decree, including any copy 8 of the contact preference form, is to be sent to the state 9 registrar for the purpose of, in addition to the preparation 10 of a new birth certificate, attaching the contact preference 11 form to the original certificate of birth. The bill directs 12 the state registrar to adopt rules pursuant to Code chapter 13 17A to administer the provisions of the bill including rules 14 relating to fees for issuance of the noncertified copy of the 15 original certificate of birth, the application form and proof 16 of identification requirements relative to application for a 17 noncertified copy of an original certificate of birth, and 18 the contact preference form. Fees established are subject to 19 Code section 144.46 including provisions requiring that fees 20 collected are to be deposited in the general fund of the state 21 and the vital records fund in accordance with an apportionment 22 established by rule. 23 The bill includes conforming changes in the Code. The 24 bill provides an exception to the provisions and penalties 25 relating to the opening of papers and records pertaining to a 26 termination of parental rights or an adoption, to allow for 27 access to the original certificate of birth by an adult adopted 28 person consistent with the bill. 29 Notwithstanding the provisions of the bill relating to the 30 preference form and the use of the preference form, the bill 31 provides that, relative to an adult person who was adopted 32 prior to July 1, 2018, when the bill takes effect, a biological 33 parent may submit a contact preference form to the state 34 registrar of vital statistics on or before June 30, 2020. On 35 -7- LSB 5922YH (4) 87 pf/rh 7/ 8

H.F. 2157 or after July 1, 2020, the adult adopted person may apply for a 1 noncertified copy of the person’s original certificate of birth 2 and any contact preference form in accordance with the bill. 3 If a contact preference form is submitted by a biological 4 parent on or before June 30, 2020, the adult adopted person may 5 obtain a noncertified copy of the person’s original certificate 6 of birth and any contact preference form in accordance with the 7 bill. However, if a contact preference form is not submitted 8 by a biological parent on or before June 30, 2020, the adult 9 adopted person’s original certificate of birth shall remain 10 sealed and shall only be subject to inspection as is provided 11 in the law prior to July 1, 2018, which provides that an adult 12 adopted person’s original certificate of birth shall only be 13 subject to inspection under order of a court of competent 14 jurisdiction, including an order issued pursuant to Code 15 section 600.16A, or as provided by administrative rule for 16 statistical or administrative purposes. 17 -8- LSB 5922YH (4) 87 pf/rh 8/ 8