H.F. 746 Section 1. Section 144.24, Code 2019, 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 certificate 25 of birth —— application —— contact preference form —— medical 26 history form —— fees. 27 1. Notwithstanding any provision of law to the contrary, 28 an adult adopted person who was born in this state and whose 29 original certificate of birth was substituted with a new 30 certificate of birth pursuant to section 144.24 based upon 31 the adoption, or an entitled person, may apply for and obtain 32 a noncertified copy of the original certificate of birth of 33 the adult adopted person who is the subject of the original 34 certificate of birth in accordance with this section. 35 -1- LSB 1096HZ (2) 88 pf/rh 1/ 9

H.F. 746 a. (1) If an adult adopted person is submitting the 1 application, the adult adopted person shall be at least 2 eighteen years of age at the time the application is filed. 3 (2) If an entitled person is submitting the application, 4 the adult adopted person who is the subject of the original 5 certificate of birth shall be at least eighteen years of age at 6 the time the application is filed. 7 b. The adult adopted person or the entitled person shall 8 file a written application with the state registrar on a form 9 and in the manner prescribed by the state registrar requesting 10 a noncertified copy of the original certificate of birth. 11 c. Upon receipt of the written application, proof of 12 identification, and payment of a fee, the state registrar 13 shall issue a noncertified copy of the original certificate 14 of birth to the applicant. At the time of such issuance, the 15 state registrar shall also provide to the applicant any contact 16 preference form or medical history form completed and submitted 17 to the state registrar pursuant to subsections 2 and 3. 18 2. a. The state registrar shall develop a contact 19 preference form on which a biological parent may state a 20 preference regarding contact by an adult adopted person or an 21 entitled person following application for and issuance of the 22 noncertified copy of the original certificate of birth under 23 this section. The preferences available to the biological 24 parent shall include all of the following, from which the 25 biological parent may choose only one: 26 (1) “I would like to be contacted. I have completed this 27 contact preference form and am filing the form with the state 28 registrar. I may change this preference by filing a subsequent 29 contact preference form with the state registrar.” 30 (2) “I would prefer to be contacted only through an 31 intermediary. I would like the following named individual 32 or entity to act as an intermediary. I have completed this 33 contact preference form and am filing the form with the state 34 registrar. I may change this preference by filing a subsequent 35 -2- LSB 1096HZ (2) 88 pf/rh 2/ 9

H.F. 746 contact preference form with the state registrar.” 1 (3) “I do not want to be contacted; however, my personally 2 identifiable information may be released if requested in 3 accordance with Iowa Code section 144.24A. I have completed 4 this contact preference form and am filing the form with the 5 state registrar. I may change this preference by filing a 6 subsequent contact preference form with the state registrar.” 7 b. The contact preference form shall also state that 8 regardless of whether a contact preference form is completed 9 by the biological parent, a noncertified copy of the original 10 certificate of birth shall be issued to an adult adopted person 11 or an entitled person who applies for a noncertified copy of an 12 original certificate of birth in accordance with this section. 13 c. The contact preference form shall be provided to the 14 biological parent in accordance with section 600A.4. A contact 15 preference form may be completed or updated by the biological 16 parent at any time at the request of the biological parent. 17 3. a. The state registrar shall develop a medical history 18 form on which a biological parent may provide the medical 19 history of the biological parent and any blood relatives. The 20 options available to the biological parent shall include all of 21 the following from which the biological parent may choose only 22 one: 23 (1) “I am not aware of any medical history of any 24 significance.” 25 (2) “I prefer not to provide any medical information at this 26 time.” 27 (3) “I wish to provide the following medical information 28 included on the attached form.” 29 b. The medical history form shall be provided to the 30 biological parent in accordance with section 600A.4. A medical 31 history form may be completed or updated by the biological 32 parent at any time at the request of the biological parent. 33 4. Upon receipt of a completed contact preference form or 34 medical history form, the state registrar shall attach any such 35 -3- LSB 1096HZ (2) 88 pf/rh 3/ 9

H.F. 746 completed form to the original certificate of birth. 1 5. For the purposes of this section, “entitled person” 2 means the spouse of the adult adopted person or an adult 3 related to the adult adopted person within the second degree 4 of consanguinity. 5 6. The state registrar shall adopt rules pursuant to chapter 6 17A to administer this section including rules relating to all 7 of the following: 8 a. Establishment of fees pursuant to section 144.46 for 9 issuance of a noncertified copy of the original certificate of 10 birth under this section. 11 b. The application form and proof of identification 12 requirements relative to an application for a noncertified copy 13 of an original certificate of birth. 14 c. The contact preference form and the medical history form. 15 7. a. The department shall establish a public awareness and 16 notification period to promote awareness of the provisions of 17 this section and to allow time for a biological parent to file 18 contact preference and medical history forms. 19 b. Beginning August 1, 2019, an application may be submitted 20 under this section by an adult adopted person or an entitled 21 person to obtain a noncertified copy of an adult adopted 22 person’s original certificate of birth in accordance with this 23 section, if the adult adopted person who is the subject of the 24 original certificate of birth was born before January 1, 1970. 25 c. Beginning July 1, 2020, an application may be submitted 26 under this section by an adult adopted person or an entitled 27 person to obtain a noncertified copy of an adult adopted 28 person’s original certificate of birth in accordance with this 29 section, notwithstanding the date of birth of the adult adopted 30 person who is the subject of the original certificate of birth 31 prescribed under paragraph “b” . 32 Sec. 3. Section 600.13, subsection 5, Code 2019, is amended 33 to read as follows: 34 5. a. An interlocutory or a final adoption decree shall be 35 -4- LSB 1096HZ (2) 88 pf/rh 4/ 9

H.F. 746 entered with the clerk of court. Such decree shall set forth 1 any facts of the adoption petition which have been proven to 2 the satisfaction of the juvenile court or court and any other 3 facts considered to be relevant by the juvenile court or court 4 and shall grant the adoption petition. If so designated in 5 the adoption decree, the name of the adopted person shall be 6 changed by issuance of that decree. 7 b. The clerk of the court shall, within thirty days of 8 issuance, deliver one certified copy of any adoption decree 9 to the petitioner, at no charge, one copy of any adoption 10 decree to the department and any adoption service provider 11 who placed a minor person for adoption, at no charge, and one 12 certification certified copy of any adoption decree to the 13 state registrar of vital statistics to prepare a certificate 14 of adoption birth as prescribed in section 144.19 to the state 15 registrar of vital statistics at no charge . 16 c. Upon receipt of the certification certified copy of the 17 adoption decree , the state registrar shall prepare a new birth 18 certificate pursuant to section 144.23 and shall do one of the 19 following, as applicable: 20 (1) Deliver to the parents named in the decree a copy of 21 the new birth certificate along with a document, developed and 22 furnished by the department, listing all postadoption services 23 available to adoptive families in the state. 24 (2) Deliver to any adult person adopted by the decree a copy 25 of the new birth certificate. 26 d. The parents shall pay the fee prescribed in section 27 144.46 . 28 e. Upon receipt of the certified copy of the adoption 29 decree, the state registrar shall also attach a copy of any 30 contact preference form or medical history included with the 31 certified copy to the original certificate of birth for the 32 purposes of section 144.24A. 33 e. f. If the person adopted was born outside this state 34 but in the United States, the state registrar shall forward 35 -5- LSB 1096HZ (2) 88 pf/rh 5/ 9

H.F. 746 the certification certified copy of the adoption decree to the 1 appropriate agency in the state of birth. 2 f. g. A copy of any interlocutory adoption decree vacation 3 shall be delivered and another birth certificate shall be 4 prepared in the same manner as a certification certified copy 5 of the adoption decree is delivered and the birth certificate 6 was originally prepared. 7 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph 8 1, Code 2019, is amended to read as follows: 9 All With the exception of access to the original certificate 10 of birth as provided in section 144.24A, all of the papers and 11 records pertaining to a termination of parental rights under 12 chapter 600A and to an adoption shall not be open to inspection 13 and the identity of the biological parents of an adopted 14 person shall not be revealed except under any of the following 15 circumstances: 16 Sec. 5. Section 600A.4, subsection 2, Code 2019, is amended 17 by adding the following new paragraph: 18 NEW PARAGRAPH . 0f. Shall be accompanied by a contact 19 preference form or medical history form completed by the 20 biological parent of the person to be adopted and attached 21 to the original certificate of birth as provided in section 22 144.24A. The contact preference form or medical history form 23 shall be attached to any termination of parental rights order 24 issued pursuant to section 600A.9. 25 Sec. 6. EFFECTIVE DATE. Section 144.24A, subsection 26 7, paragraph “a”, as enacted in this Act, requiring the 27 department of public health to establish a public awareness 28 and notification period to promote awareness and to allow time 29 for a biological parent to file contact preference and medical 30 history forms, being deemed of immediate importance, takes 31 effect upon enactment. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -6- LSB 1096HZ (2) 88 pf/rh 6/ 9

H.F. 746 This bill provides for access to an adult adopted person’s 1 original certificate of birth. 2 The bill provides that an adult adopted person who was born 3 in this state and whose original certificate of birth was 4 substituted with a new certificate of birth based upon the 5 adoption, or an entitled person, may obtain a noncertified copy 6 of the adult adopted person’s original certificate of birth as 7 specified in the bill. Upon receipt of the written application 8 and proof of identification and payment of a fee, the state 9 registrar of vital statistics shall issue a noncertified copy 10 of the original certificate of birth to the applicant. At the 11 time of such issuance, the state registrar must also provide to 12 the applicant any contact preference form or medical history 13 form completed and submitted to the state registrar. The 14 contact preference form, developed by the state registrar, 15 is a form to be completed and submitted by the biological 16 parent stating a preference regarding contact by an adult 17 adopted person or entitled person following application for and 18 issuance of the noncertified copy of the original certificate 19 of birth. The preferences available to the biological parent 20 include a choice of one of the following: (1) “I would like to 21 be contacted. I have completed this contact preference form 22 and am filing the form with the state registrar. I may change 23 this preference by filing a subsequent contact preference form 24 with the state registrar.” (2) “I would prefer to be contacted 25 only through an intermediary. I would like the following 26 named individual or entity to act as an intermediary. I have 27 completed this contact preference form and am filing the form 28 with the state registrar. I may change this preference by 29 filing a subsequent contact preference form with the state 30 registrar.” (3) “I do not want to be contacted; however, 31 my personally identifiable information may be released if 32 requested in accordance with Iowa Code section 144.24A. I 33 have completed this contact preference form and am filing the 34 form with the state registrar. I may change this preference 35 -7- LSB 1096HZ (2) 88 pf/rh 7/ 9

H.F. 746 by filing a subsequent contact preference form with the state 1 registrar.” The medical history form, developed by the state 2 registrar, allows a biological parent to provide the medical 3 history of the biological parent and any blood relatives. 4 The options available to a biological parent on which the 5 biological parent may choose only one are: (1) “I am not aware 6 of any medical history of any significance”; (2) “I prefer 7 not to provide any medical information at this time”; (3) “I 8 wish to provide the following medical information included on 9 the attached form”. The contact preference form and medical 10 history form are to be provided to an individual who is in the 11 process of terminating parental rights and are to be attached 12 to a release of custody and the termination of parental rights 13 order, which in turn are attached to the adoption petition 14 and the adoption decree. A certified copy of the adoption 15 decree, including any copy of the contact preference form and 16 medical history form, are to be sent to the state registrar for 17 the purpose of, in addition to the preparation of a new birth 18 certificate, attaching the contact preference form and medical 19 history form to the original certificate of birth. The bill 20 directs the state registrar to adopt rules pursuant to Code 21 chapter 17A to administer the provisions of the bill including 22 rules relating to fees for issuance of the noncertified copy 23 of the original certificate of birth, the application form and 24 proof of identification requirements relative to application 25 for a noncertified copy of an original certificate of birth, 26 and the contact preference form and medical history form. 27 Fees established are subject to Code section 144.46 including 28 provisions requiring that fees collected are to be deposited 29 in the general fund of the state and the vital records fund in 30 accordance with an apportionment established by rule. 31 The bill provides for the establishment of a public 32 awareness and notification period by the department of 33 public health upon the effective date of the Act; provides 34 that beginning August 1, 2019, an adult adopted person or an 35 -8- LSB 1096HZ (2) 88 pf/rh 8/ 9

H.F. 746 entitled person may submit an application for a noncertified 1 copy of an adult adopted person’s certificate of birth if the 2 adult adopted person, who is the subject of the application, 3 was born before January 1, 1970; and provides that beginning 4 July 1, 2020, an adult adopted person or an entitled person 5 may apply for a noncertified copy of an adult adopted person’s 6 certificate of birth, notwithstanding the date of birth of the 7 adult adopted person who is the subject of the application. 8 The bill includes conforming changes in the Code. The 9 bill provides an exception to the provisions and penalties 10 relating to the opening of papers and records pertaining to a 11 termination of parental rights or an adoption, to allow for 12 access to the original certificate of birth consistent with the 13 bill. 14 -9- LSB 1096HZ (2) 88 pf/rh 9/ 9