HSB 77 (LSB 1961YC (2) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to access to a copy of an original birth certificate by an adult adoptee, and providing for fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 144.24, Code 2019, is amended to read as follows:
   144.24  Substituting new for original birth certificates —— inspection.
   1.  If a new certificate of birth is established, the actual place and date of birth shall be shown on the certificate. The certificate shall be substituted for the original certificate of birth. Thereafter, 
   2.  Following substitution of the original certificate of birth with a new certificate of birth, the original certificate and the evidence of adoption, paternity, legitimation, or sex change shall not be subject to inspection except under order of a court of competent jurisdiction, including but not limited to an order issued pursuant to section 600.16A, as provided in section 144.24A, or as provided by administrative rule for statistical or administrative purposes only. However, 
   3.  Notwithstanding subsection 2, the state registrar shall, upon the application of an adult adopted person, a biological parent, an adoptive parent, or the legal representative of the adult adopted person, the biological parent, or the adoptive parent, inspect the original certificate and the evidence of adoption and reveal to the applicant the date of the adoption and the name and address of the court which issued the adoption decree.
    Sec. 2.  NEW SECTION.  144.24A  Access to original birth certificate —— application —— fees —— contact preference form.
   1.  Notwithstanding any provision of law to the contrary, an adult adopted person who was born in this state and whose original certificate of birth was substituted with a new certificate of birth pursuant to section 144.24 based upon the adoption, may apply for and obtain a noncertified copy of the persons’ original certificate of birth in accordance with this section.
   a.  The adult adopted person shall be at least eighteen years of age at the time the application is filed.
   b.  The adult adopted person shall file a written application on a form and in the manner prescribed by the state registrar with the state registrar requesting a noncertified copy of the original certificate of birth.
   c.  Upon receipt of the written application and proof of identification and payment of a fee, the state registrar shall issue a noncertified copy of the original certificate of birth to the applicant. At the time of such issuance, the state registrar shall also provide to the applicant any contact preference form completed and submitted to the state registrar pursuant to subsection 2.
   2.  a.  The state registrar shall develop a contact preference form on which a biological parent may state a preference regarding contact by an adult adopted person following application for and issuance of the noncertified copy of the original certificate of birth under this section. The preferences available to the biological parent shall include all of the following, from which the biological parent may choose only one:
   (1)  “I would like to be contacted. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.”
   (2)  “I would prefer to be contacted only through an intermediary. I would like the following named individual or entity to act as an intermediary. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.”
   (3)  “I do not want to be contacted; however, my personally identifiable information may be released if requested in accordance with Iowa Code section 144.24A. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.”
   b.  The contact preference form shall be provided to the biological parent in accordance with section 600A.4.
   c.  Upon receipt of a completed contact preference form, the state registrar shall attach the completed form to the original certificate of birth.
   3.  The state registrar shall adopt rules pursuant to chapter 17A to administer this section including rules relating to all of the following:
   a.  Establishment of fees pursuant to section 144.46 for issuance of the noncertified copy of the original certificate of birth under this section.
   b.  The application form and proof of identification requirements relative to application for a noncertified copy of an original certificate of birth.
   c.  The contact preference form.
    Sec. 3.  Section 600.13, subsection 5, Code 2019, is amended to read as follows:
   5.  a.  An interlocutory or a final adoption decree shall be entered with the clerk of court. Such decree shall set forth any facts of the adoption petition which have been proven to the satisfaction of the juvenile court or court and any other facts considered to be relevant by the juvenile court or court and shall grant the adoption petition. If so designated in the adoption decree, the name of the adopted person shall be changed by issuance of that decree.
   b.  The clerk of the court shall, within thirty days of issuance, deliver one certified copy of any adoption decree to the petitioner, at no charge, one copy of any adoption decree to the department and any adoption service provider who placed a minor person for adoption, at no charge, and one certification certified copy of any adoption decree to the state registrar of vital statistics to prepare a certificate of adoption birth as prescribed in section 144.19 to the state registrar of vital statistics at no charge.
   c.  Upon receipt of the certification certified copy of the adoption decree, the state registrar shall prepare a new birth certificate pursuant to section 144.23 and shall do one of the following, as applicable:
   (1)  Deliver to the parents named in the decree a copy of the new birth certificate along with a document, developed and furnished by the department, listing all postadoption services available to adoptive families in the state.
   (2)  Deliver to any adult person adopted by the decree a copy of the new birth certificate. 
   d.  Upon receipt of the certified copy of the adoption decree, the state registrar shall also attach a copy of any contact preference form included with the certified copy to the original certificate of birth for the purposes of section 144.24A.
   d.  e.  The parents shall pay the fee prescribed in section 144.46.
   e.  f.  If the person adopted was born outside this state but in the United States, the state registrar shall forward the certification of adoption to the appropriate agency in the state of birth.
   f.  g.  A copy of any interlocutory adoption decree vacation shall be delivered and another birth certificate shall be prepared in the same manner as a certification of adoption is delivered and the birth certificate was originally prepared.
    Sec. 4.  Section 600.16A, subsection 2, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   All With the exception of access to the original certificate of birth as provided in section 144.24A, all of the papers and records pertaining to a termination of parental rights under chapter 600A and to an adoption shall not be open to inspection and the identity of the biological parents of an adopted person shall not be revealed except under any of the following circumstances:
    Sec. 5.  Section 600A.4, subsection 2, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0f.  Shall be accompanied by a contact preference form completed by the biological parent of the person to be adopted and attached to the original certificate of birth as provided in section 144.24A. The contact preference form shall be attached to any termination of parental rights order issued pursuant to section 600A.9.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides for access to an adult adopted person’s original certificate of birth.
   The bill provides that an adult adopted person who was born in this state and whose original certificate of birth was substituted with a new certificate of birth based upon the adoption, may obtain a noncertified copy of the person’s original certificate of birth as specified in the bill. These specifications include that the adult adopted person is at least 18 years of age at the time the application is filed and that the adult adopted person must file a written application with the state registrar. Upon receipt of the written application and proof of identification and payment of a fee, the state registrar of vital statistics shall issue a noncertified copy of the original certificate of birth to the applicant. At the time of such issuance, the state registrar must also provide to the applicant any contact preference form completed and submitted to the state registrar. The contact preference form, developed by the state registrar, is a form to be completed and submitted by the biological parent stating a preference regarding contact by an adult adopted person following application for and issuance of the noncertified copy of the original certificate of birth. The preferences available to the biological parent include a choice of one of the following: (1) “I would like to be contacted. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.” (2) “I would prefer to be contacted only through an intermediary. I would like the following named individual or entity to act as an intermediary. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.” (3) “I do not want to be contacted; however, my personally identifiable information may be released if requested in accordance with Iowa Code section 144.24A. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar.” The contact preference form is to be provided to an individual who is in the process of terminating parental rights and is to be attached to a release of custody and the termination of parental rights order, which in turn is attached to the adoption petition and the adoption decree. A certified copy of the adoption decree, including any copy of the contact preference form, is to be sent to the state registrar for the purpose of, in addition to the preparation of a new birth certificate, attaching the contact preference form to the original certificate of birth. The bill directs the state registrar to adopt rules pursuant to Code chapter 17A to administer the provisions of the bill including rules relating to fees for issuance of the noncertified copy of the original certificate of birth, the application form and proof of identification requirements relative to application for a noncertified copy of an original certificate of birth, and the contact preference form. Fees established are subject to Code section 144.46 including provisions requiring that fees collected are to be deposited in the general fund of the state and the vital records fund in accordance with an apportionment established by rule.
   The bill includes conforming changes in the Code. The bill provides an exception to the provisions and penalties relating to the opening of papers and records pertaining to a termination of parental rights or an adoption, to allow for access to the original certificate of birth by an adult adopted person consistent with the bill.