H.F. 137 Section 1. Section 600.4, subsection 2, Code 2019, is 1 amended to read as follows: 2 2. Husband and wife Spouses together. 3 Sec. 2. Section 600.4, subsection 3, Code 2019, is amended 4 to read as follows: 5 3. A husband or wife spouse separately if the person to 6 be adopted is not the other spouse and if the adopting spouse 7 meets any of the following conditions : 8 a. Is the stepparent of the person to be adopted ; . 9 b. Has been separated from the other spouse by reason of the 10 other spouse’s abandonment as prescribed in section 597.10 ; or . 11 c. Is unable to petition with the other spouse because 12 of the prolonged and unexplained absence, unavailability, or 13 incapacity of the other spouse, or because of an unreasonable 14 withholding of joinder by the other spouse, as determined by 15 the juvenile court or court under section 600.5, subsection 7 . 16 Sec. 3. Section 600.16, subsection 1, paragraph b, Code 17 2019, is amended to read as follows: 18 b. The adopted person, provided that person is an adult at 19 the time the request for information is made. For the purposes 20 of this paragraph “adult” means a person twenty-one years of age 21 or older or a person who attains majority by marriage. 22 Sec. 4. Section 600.16, subsection 2, Code 2019, is amended 23 to read as follows: 24 2. Information regarding an adopted person’s existing 25 medical and developmental history and family medical history, 26 which meets the definition of background information in section 27 600.8, subsection 1 , paragraph “c” , shall be made available as 28 provided in subsection 1 . However, the identity of the adopted 29 person’s biological parents shall not be disclosed to anyone 30 other than the adopted person, provided the adopted person is 31 an adult at the time the request for information is made . 32 Sec. 5. Section 600.16A, subsections 2, 3, and 4, Code 2019, 33 are amended to read as follows: 34 2. All papers and records pertaining to a termination of 35 -1- LSB 1373HH (5) 88 pf/rh 1/ 6

H.F. 137 parental rights under chapter 600A and to an adoption shall 1 not be open to inspection and the identity of the biological 2 parents of an adopted person shall not be revealed except under 3 any of the following circumstances: 4 a. The department or an adoption service provider involved 5 in placement shall contact the adopting parents or the adult 6 adopted child regarding eligibility of the adopted child for 7 benefits based on entitlement of benefits or inheritance from 8 the terminated biological parents. 9 b. The juvenile court or court , for good cause, shall order 10 the opening of the permanent adoption record of the juvenile 11 court or court for the adopted person who is an adult and 12 reveal the names of either or both of the biological parents 13 following consideration of both of the following: 14 (1) A biological parent may file an affidavit requesting 15 that the juvenile court or court reveal or not reveal the 16 parent’s identity. The juvenile court or court shall consider 17 any such affidavit in determining whether there is good cause 18 to order opening of the records. To facilitate the biological 19 parents in filing an affidavit, the department shall, upon 20 request of a biological parent, provide the biological parent 21 with an adoption information packet containing an affidavit for 22 completion and filing with the juvenile court or court upon the 23 filing of an affidavit by the adopted person who is an adult 24 requesting that the record be opened . 25 (2) If the adopted person who applies for revelation of the 26 biological parents’ identity has a sibling who is a minor and 27 who has been adopted by the same parents, the juvenile court or 28 court may deny the application on the grounds that revelation 29 to the applicant may also indirectly and harmfully permit the 30 same revelation to the applicant’s minor sibling. 31 c. A biological sibling of an adopted person may file or may 32 request that the department file an affidavit in the juvenile 33 court or court in which the adopted person’s adoption records 34 have been sealed requesting that the juvenile court or court 35 -2- LSB 1373HH (5) 88 pf/rh 2/ 6

H.F. 137 reveal or not reveal the sibling’s name to the adopted person. 1 The juvenile court or court shall consider any such affidavit 2 in determining whether there is good cause to order opening 3 of the records upon application for revelation by the adopted 4 person. However, the name of the biological sibling shall not 5 be revealed until the biological sibling has attained majority. 6 d. The juvenile court or court may, upon competent medical 7 evidence, open termination or adoption records if opening 8 is shown to be necessary to save the life of or prevent 9 irreparable physical or mental harm to an adopted person or 10 the person’s offspring. The juvenile court or court shall 11 make every reasonable effort to prevent the identity of the 12 biological parents from becoming revealed under this paragraph 13 to the minor adopted person. The juvenile court or court may, 14 however, permit revelation of the identity of the biological 15 parents to medical personnel attending the adopted person 16 or the person’s offspring. These medical personnel shall 17 make every reasonable effort to prevent the identity of the 18 biological parents from becoming revealed to the minor adopted 19 person. 20 3. a. In addition to other procedures by which adoption 21 records may be opened under this section , if both of the 22 following conditions are met, the department, the clerk of 23 court, or the adoption service provider that made the placement 24 shall open the adoption record for inspection and shall reveal 25 the identity of the biological parents to the adult adopted 26 child or the identity of the adult adopted child to the 27 biological parents: 28 (1) A biological parent has placed in the adoption record 29 written consent to revelation of the biological parent’s 30 identity to the adopted child at an age specified by the 31 biological parent, upon request of the adopted child. 32 (2) An adult adopted child has placed in the adoption record 33 written consent to revelation of the identity of the adult 34 adopted child to a biological parent. 35 -3- LSB 1373HH (5) 88 pf/rh 3/ 6

H.F. 137 b. A person who has placed in the adoption record written 1 consent pursuant to paragraph “a” , subparagraph (1) or (2) 2 may withdraw the consent at any time by placing a written 3 withdrawal of consent statement in the adoption record. 4 c. Notwithstanding the provisions of this subsection , if 5 the adult adopted person has a sibling who is a minor and who 6 has also been adopted by the same parents, the department, 7 the clerk of court, or the adoption service provider that 8 made the placement may deny the request of either the adult 9 adopted person or the biological parent to open the adoption 10 records and to reveal the identities of the parties pending 11 determination by the juvenile court or court that there is good 12 cause to open the records pursuant to subsection 2 . 13 d. Nothing in this subsection shall be interpreted to 14 preclude the opening of an adoption record upon the filing of 15 an affidavit by an adopted person who is an adult as provided 16 in subsection 2, paragraph “b” . 17 4. An adopted person whose adoption became final prior to 18 July 4, 1941, and whose adoption record was not required to 19 be sealed at the time when the adoption record was completed, 20 shall not be required to show good cause for file an affidavit 21 to request an order opening the adoption record under this 22 subsection , provided that the juvenile court or court shall 23 consider any affidavit filed under this subsection section . 24 EXPLANATION 25 The inclusion of this explanation does not constitute agreement with 26 the explanation’s substance by the members of the general assembly. 27 This bill relates to adoption. 28 The bill replaces references to “husband” and “wife” with 29 “spouse” in provisions relating to qualifications to file an 30 adoption petition. 31 Under Code chapter 600 (adoption), “adult” is defined as 32 a person who is married or 18 years of age or older. Under 33 current law, however, Code section 600.16 provides that for 34 the purposes of making available medical and developmental 35 -4- LSB 1373HH (5) 88 pf/rh 4/ 6

H.F. 137 history information that was collected during the preplacement 1 investigation for an adoption, “adult” is defined as a person 2 21 years of age or older or a person who attains majority by 3 marriage. The bill eliminates this definition of “adult”, 4 thereby defining adult as a person who is married or 18 years 5 of age or older consistently throughout the chapter. 6 The bill also provides additional means of allowing a 7 permanent adoption record to be open to an adopted person who 8 is an adult. 9 Current law provides that the court shall, for good cause, 10 order the opening of the permanent adoption record for an 11 adopted person who is an adult and reveal the names of either 12 or both of the biological parents following consideration of 13 the affidavit of a biological parent requesting that the court 14 reveal or not reveal the parent’s identity and consideration of 15 the fact that the adopted person who files the application has 16 a sibling who is a minor and who has been adopted by the same 17 parents. Under the bill, the court would no longer require 18 good cause based upon these considerations, but instead, upon 19 the filing of an affidavit by the adopted person who is an 20 adult, the court would open the permanent adoption records 21 for the adopted person. The bill also amends the provisions 22 relating to the court opening termination or adoption records 23 if the opening is shown to be necessary to save the life of 24 or prevent irreparable physical or mental harm to an adopted 25 person or the person’s offspring. Current law requires the 26 court to make every reasonable effort to prevent the identity 27 of the biological parents from becoming revealed to the adopted 28 person when such opening of the record is allowed. The bill 29 would only require the court to make every reasonable effort to 30 prevent the identity of the biological parents from becoming 31 revealed to the adopted person when the adopted person is a 32 minor, but not when the adopted person is an adult. 33 Current law also includes a mutual consent provision under 34 which a permanent adoption record may be opened and reveal 35 -5- LSB 1373HH (5) 88 pf/rh 5/ 6

H.F. 137 the names of either or both of the biological parents if 1 a biological parent places in the adoption record written 2 consent to revelation of the biological parent’s identity 3 to the adopted child at an age specified by the biological 4 parent upon request of the adopted child, and the adult 5 adopted child in turn has placed in the adoption record 6 written consent to revelation of the identity of the adult 7 adopted child to a biological parent. The bill retains the 8 mutual consent opportunity but provides that the requirements 9 of the mutual consent process to request the opening of the 10 permanent adoption records shall not preclude the opening of 11 the permanent adoption record if requested by an adopted person 12 who is an adult. 13 Under current law, an adopted person whose adoption became 14 final prior to July 4, 1941, and whose adoption record was 15 not required to be sealed at the time when the adoption 16 record was completed, is not required to show good cause for 17 an order opening the adoption record. The bill amends this 18 provision to be consistent with the provisions of the bill so 19 that the requirement for showing good cause is stricken, and 20 additionally the person is not required as other adults under 21 the bill to file an affidavit to request an order to open the 22 adoption record. 23 -6- LSB 1373HH (5) 88 pf/rh 6/ 6