House File 720 - Introduced HOUSE FILE 720 BY COMMITTEE ON WAYS AND MEANS (SUCCESSOR TO HF 268) (SUCCESSOR TO HF 60) A BILL FOR An Act relating to the addition of biological parent 1 information of an adult adopted person through 2 reestablishment of an original certificate of birth, and 3 providing fees. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1572HZ (2) 90 pf/rh
H.F. 720 Section 1. NEW SECTION . 144.23A Biological parent 1 information —— reestablishment of original certificate of birth. 2 1. Notwithstanding whether an original certificate of 3 birth is substituted with a new certificate of birth pursuant 4 to section 144.24 following adoption of the subject of the 5 original certificate of birth, whether a new certificate 6 of birth is issued to show that a person for whom the new 7 certificate is requested has been legitimated or that paternity 8 of that person has been determined pursuant to section 144.23, 9 or whether a new certificate of birth is issued to show 10 paternity pursuant to section 144.40 if paternity is not shown 11 on the original certificate of birth, an adopted person who is 12 the subject of the original certificate of birth, who was born 13 in this state, who is at least eighteen years of age at the time 14 the application is filed, and whose original certificate of 15 birth was substituted with a new certificate of birth pursuant 16 to section 144.24 based upon the adoption, may apply to the 17 state registrar to have that original certificate of birth 18 reestablished to include the name on the original certificate 19 of birth of an omitted biological parent in accordance with 20 this section. 21 2. Prior to issuing a reestablished original certificate 22 of birth as provided in subsection 1, all of the following 23 requirements shall be met: 24 a. The adopted person shall file a written application, 25 in the form and manner prescribed by the state registrar 26 along with proof of identification, with the state registrar 27 consenting to the adopted person’s original certificate of 28 birth being reestablished to include the name of an omitted 29 biological parent. 30 b. The adopted person shall obtain and submit to the state 31 registrar one of the following regarding the person whose name 32 is to be added as a biological parent: 33 (1) If the person whose name is to be added as a biological 34 parent is living, the adopted person shall obtain from the 35 -1- LSB 1572HZ (2) 90 pf/rh 1/ 6
H.F. 720 person a sworn affidavit along with substantiating evidence 1 attesting that the person is a biological parent of the subject 2 of the original certificate of birth and that the name to be 3 added is that of the biological parent that was omitted from 4 the original certificate of birth. 5 (2) If the person whose name is to be added as a biological 6 parent is deceased, the adopted person shall obtain from 7 the personal representative or successor of the estate of 8 the person, from the trustee of the trust of the person, 9 or from a relative of the person a sworn affidavit along 10 with substantiating evidence, attesting that the person is a 11 biological parent of the subject of the original certificate of 12 birth and that the name to be added is that of the biological 13 parent that was omitted from the original certificate of birth. 14 3. An adult adopted person as described in section 144.24A 15 or an entitled person as defined in section 144.24A may 16 apply for and obtain a noncertified copy of the reestablished 17 original certificate of birth subject to compliance with the 18 requirements for applying for and obtaining a noncertified copy 19 of an original certificate of birth under section 144.24A. The 20 reestablished original certificate of birth shall include the 21 biological parent who was omitted from the original certificate 22 of birth. A reestablished original certificate of birth shall 23 be marked “reestablished”. A summary statement of the evidence 24 submitted pursuant to this section shall be endorsed on the 25 certificate. 26 4. The state registrar shall adopt rules pursuant to chapter 27 17A to administer this section including rules relating to all 28 of the following: 29 a. The establishment, collection, and deposit of fees 30 in accordance with section 144.46 for the preparation and 31 registration of a reestablished original certificate of birth 32 and for issuance of a noncertified copy of a reestablished 33 original certificate of birth under this section. The 34 fee established for issuance of a noncertified copy of a 35 -2- LSB 1572HZ (2) 90 pf/rh 2/ 6
H.F. 720 reestablished original certificate of birth shall not exceed 1 the fee established for issuance of a certified copy of a 2 certificate of birth. 3 b. The consent and affidavit forms, the proof of 4 identification requirements relative to provision of consent 5 by the subject of an original certificate of birth, and the 6 evidentiary requirements to substantiate that a person is 7 an omitted biological parent of the subject of the original 8 certificate of birth. 9 5. For the purposes of this section: 10 a. “Personal representative” means the same as defined in 11 section 633.3. 12 b. “Relative” means any of the following: 13 (1) A person related to the person whose name is to be 14 added on the original certificate of birth as a biological 15 parent, by consanguinity or affinity within the second degree 16 as determined by common law. 17 (2) A lineal descendent, by consanguinity or affinity, 18 of the person whose name is to be added to the original 19 certificate of birth as a biological parent, including legally 20 adopted children and biological children, stepchildren, 21 grandchildren, great-grandchildren, and any other lineal 22 descendent of such individual. 23 c. “Successor” means the same as defined in section 633.356. 24 d. “Trustee” means the same as defined in section 633.3. 25 Sec. 2. Section 144.24, subsection 2, Code 2023, is amended 26 to read as follows: 27 2. Following substitution of the original certificate of 28 birth with a new certificate of birth, the original certificate 29 and the evidence of adoption, paternity, legitimation, or sex 30 change shall not be subject to inspection except under order of 31 a court of competent jurisdiction, including but not limited 32 to an order issued pursuant to section 600.16A , as provided in 33 section 144.23A or 144.24A , or as provided by administrative 34 rule for statistical or administrative purposes only. 35 -3- LSB 1572HZ (2) 90 pf/rh 3/ 6
H.F. 720 Sec. 3. Section 144.24A, Code 2023, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 8. If an original certificate of birth 3 is reestablished pursuant to section 144.23A, the adopted 4 person or the entitled person who meets the requirements of 5 this section may apply for and obtain a noncertified copy of 6 the reestablished original certificate of birth of the adopted 7 person who is the subject of the original certificate of birth 8 subject to compliance with the requirements of this section 9 relating to the issuance of a noncertified copy of an original 10 certificate of birth. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill provides for the addition of biological parent 15 information of an adult adopted person to an original 16 certificate of birth through reestablishment of the original 17 certificate of birth. 18 The bill provides that notwithstanding whether an original 19 certificate of birth is substituted with a new certificate 20 of birth following adoption of the subject of the original 21 certificate of birth, whether a new certificate of birth is 22 issued to show that a person for whom the new certificate is 23 requested has been legitimated or that paternity of that person 24 has been determined, or whether a new certificate of birth 25 is issued to show paternity if paternity is not shown on the 26 original certificate of birth, an adopted person who is the 27 subject of the original certificate of birth who was born in 28 this state, who is at least 18 years of age at the time the 29 application is filed, and whose original certificate of birth 30 was substituted with a new certificate of birth pursuant to 31 Code section 144.24 based upon the adoption, may apply to the 32 state registrar to reestablish that original certificate of 33 birth to include the name on that original certificate of birth 34 of an omitted biological parent. 35 -4- LSB 1572HZ (2) 90 pf/rh 4/ 6
H.F. 720 The bill includes requirements that must be met prior to 1 reestablishment of an original certificate of birth under 2 the bill including: the adopted person shall file a written 3 application, along with proof of identification, with the 4 state registrar consenting to the adopted person’s original 5 certificate of birth being reestablished to include the name 6 of an omitted biological parent; and the adopted person shall 7 obtain and submit to the state registrar an affidavit with 8 substantiating evidence, from either the person whose name is 9 to be added as a biological parent if that person is living or 10 from a specified representative of that person if that person 11 is deceased, attesting that the person whose name is to be 12 added as a biological parent is a biological parent of the 13 subject of the original certificate of birth and that the name 14 to be added is that of the biological parent that was omitted 15 from the original certificate of birth. 16 A reestablished original certificate of birth registered 17 under the bill shall be marked reestablished and a summary 18 statement of the evidence submitted in support of the 19 reestablished original certificate of birth shall be endorsed 20 on the certificate. 21 If an original certificate of birth is reestablished under 22 the bill, an adopted person as described in Code section 23 144.24A (access to original certificate of birth —— application 24 —— contact preference form —— medical history form —— fees) 25 or an entitled person as defined in Code section 144.24A may 26 apply for and obtain a noncertified copy of the reestablished 27 original certificate of birth subject to compliance with the 28 requirements for applying for and obtaining a noncertified copy 29 of an original certificate of birth under Code section 144.24A. 30 The bill provides definitions for terms used in the bill 31 including “personal representative”, “relative”, “successor”, 32 and “trustee”. 33 The bill directs the state registrar to adopt administrative 34 rules relating to establishment, collection, and deposit of 35 -5- LSB 1572HZ (2) 90 pf/rh 5/ 6
H.F. 720 fees for preparation and registration of a reestablished 1 original certificate of birth and for issuance of a 2 noncertified copy of a reestablished original certificate 3 of birth; the consent and affidavit forms; the proof of 4 identification requirements relative to the provision of 5 consent by the subject of an original certificate of birth 6 to reestablishment of the original certificate of birth; and 7 the evidentiary requirements to substantiate that a person is 8 an omitted biological parent of the subject of the original 9 certificate of birth. 10 The bill makes a conforming Code change to include an 11 exemption to provide that the original certificate of birth may 12 be subject to inspection for the purposes of reestablishment 13 under the bill. 14 The bill also makes conforming changes in Code section 15 144.24A to reflect the provisions of the bill relating to 16 issuance of a noncertified copy of a reestablished original 17 certificate of birth. 18 -6- LSB 1572HZ (2) 90 pf/rh 6/ 6