SF 187 (LSB 1572XS (2) 90)

SENATE FILE 187

BY  ZAUN

(COMPANION TO HF 60 BY LOHSE)

A BILL FOR

An Act relating to the addition of biological parent information of an adult adopted person through amendment of an original certificate of birth, and providing fees.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  144.23A  Biological parent information —— amendment of original certificate of birth.
   1.  Notwithstanding whether an original certificate of birth is substituted with a new certificate of birth pursuant to section 144.24 following adoption of the subject of the original certificate of birth, whether a new certificate of birth is issued to show that a person for whom the new certificate is requested has been legitimated or that paternity of that person has been determined pursuant to section 144.23, or whether a new certificate of birth is issued to show paternity pursuant to section 144.40 if paternity is not shown on the original certificate of birth, an adopted person who is the subject of the original certificate of birth, who was born in this state, who is at least eighteen years of age at the time the application is filed, 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 to the state registrar to amend that original certificate of birth to include the name on the original certificate of birth of an omitted biological parent in accordance with this section.
   2.  Prior to amending an original certificate of birth as provided in subsection 1, all of the following requirements shall be met:
   a.  The adopted person shall file a written application, in the form and manner prescribed by the state registrar along with proof of identification, with the state registrar consenting to the adopted person’s original certificate of birth being amended to include the name of an omitted biological parent.
   b.  The state registrar shall obtain one of the following regarding the person whose name is to be added as a biological parent:
   (1)  If the person whose name is to be added as a biological parent is living, the state registrar shall obtain from the person a sworn affidavit along with substantiating evidence attesting that the person is a biological parent of the subject of the original certificate of birth and that the name to be added is that of the biological parent that was omitted from the original certificate of birth.
   (2)  If the person whose name is to be added as a biological parent is deceased, the state registrar shall obtain from the personal representative or successor of the estate of the person, from the trustee of the trust of the person, or from a relative of the person a sworn affidavit along with substantiating evidence, attesting that the person is a biological parent of the subject of the original certificate of birth and that the name to be added is that of the biological parent that was omitted from the original certificate of birth.
   3.  An amended original certificate of birth registered under this section shall be marked “amended” as provided in section 144.38. A summary statement of the evidence submitted in support of the amended original certificate of birth shall be endorsed on the certificate.
   4.  If an original certificate of birth is amended under this section, an adopted person as described in section 144.24A or an entitled person as defined in section 144.24A, may apply for and obtain a noncertified copy of the amended original certificate of birth subject to compliance with the requirements for applying for and obtaining a noncertified copy of an original certificate of birth under section 144.24A. 
   5.  The state registrar shall adopt rules pursuant to chapter 17A to administer this section including rules relating to all of the following:
   a.  The establishment, collection, and deposit of fees in accordance with section 144.46 for the preparation and registration of an amended original certificate of birth and for issuance of a noncertified copy of an amended original certificate of birth under this section. The fee established for issuance of a noncertified copy of an amended original certificate of birth shall not exceed the fee established for issuance of a certified copy of a certificate of birth.
   b.  The consent and affidavit forms, the proof of identification requirements relative to provision of consent by the subject of an original certificate of birth to amendment of the original certificate of birth, and the evidentiary requirements to substantiate that a person is an omitted biological parent of the subject of the original certificate of birth.
   6.  For the purposes of this section:
   a.  “Personal representative” means the same as defined in section 633.3.
   b.  “Relative” means any of the following:
   (1)  A person related to the person whose name is to be added on the original certificate of birth as a biological parent, by consanguinity or affinity within the second degree as determined by common law.
   (2)  A lineal descendent, by consanguinity or affinity, of the person whose name is to be added to the original certificate of birth as a biological parent, including legally adopted children and biological children, stepchildren, grandchildren, great-grandchildren, and any other lineal descendent of such individual.
   c.  “Successor” means the same as defined in section 633.356.
   d.  “Trustee” means the same as defined in section 633.3.
    Sec. 2.  Section 144.24, subsection 2, Code 2023, is amended to read as follows:
   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 144.23A or 144.24A, or as provided by administrative rule for statistical or administrative purposes only. 
    Sec. 3.  Section 144.24A, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  8.  If an original certificate of birth is amended pursuant to section 144.23A, the adopted person or the entitled person who meets the requirements of this section may apply for and obtain a noncertified copy of the amended original certificate of birth of the adopted person who is the subject of the original certificate of birth subject to compliance with the requirements of this section relating to the issuance of a noncertified copy of an original certificate of birth.
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 the addition of biological parent information of an adult adopted person to an original certificate of birth through amendment of the original certificate of birth.
   The bill provides that notwithstanding whether an original certificate of birth is substituted with a new certificate of birth following adoption of the subject of the original certificate of birth, whether a new certificate of birth is issued to show that a person for whom the new certificate is requested has been legitimated or that paternity of that person has been determined, or whether a new certificate of birth is issued to show paternity if paternity is not shown on the original certificate of birth, an adopted person who is the subject of the original certificate of birth who was born in this state, who is at least 18 years of age at the time the application is filed, and whose original certificate of birth was substituted with a new certificate of birth pursuant to Code section 144.24 based upon the adoption, may apply to the state registrar to amend that original certificate of birth to include the name on that original certificate of birth of an omitted biological parent.
   The bill includes requirements that must be met prior to amending an original certificate of birth under the bill including: the adopted person shall file a written application, along with proof of identification, with the state registrar consenting to the adopted person’s original certificate of birth being amended to include the name of an omitted biological parent; and the state registrar shall obtain an affidavit with substantiating evidence, from either the person whose name is to be added as a biological parent if that person is living or from a specified representative of that person if that person is deceased, attesting that the person whose name is to be added as a biological parent is a biological parent of the subject of the original certificate of birth and that the name to be added is that of the biological parent that was omitted from the original certificate of birth.
   An amended original certificate of birth registered under the bill shall be marked “amended” as provided under current law, and a summary statement of the evidence submitted in support of the amended original certificate of birth shall be endorsed on the certificate.
   If an original certificate of birth is amended under the bill, an adopted person as described in Code section 144.24A (access to original certificate of birth —— application —— contact preference form —— medical history form —— fees) or an entitled person as defined in Code section 144.24A may apply for and obtain a noncertified copy of the amended original certificate of birth subject to compliance with the requirements for applying for and obtaining a noncertified copy of an original certificate of birth under Code section 144.24A. 
   The bill provides definitions for terms used in the bill including “personal representative”, “relative”, “successor”, and “trustee”.
   The bill directs the state registrar to adopt administrative rules relating to establishment, collection, and deposit of fees for preparation and registration of an amended original certificate of birth and for issuance of a noncertified copy of an amended original certificate of birth; the consent and affidavit forms; the proof of identification requirements relative to the provision of consent by the subject of an original certificate of birth to amendment of the original certificate of birth; and the evidentiary requirements to substantiate that a person is an omitted biological parent of the subject of the original certificate of birth.
   The bill makes a conforming Code change to provide an exemption to provide that the original certificate of birth may be subject to inspection for the purposes of amendment under the bill. 
   The bill also makes conforming changes in Code section 144.24A to reflect the provisions of the bill relating to issuance of a noncertified copy of an amended original certificate of birth.