House File 53 - IntroducedA Bill ForAn Act 1relating to access to a copy of an original birth
2certificate by an adult adoptee, and providing for fees.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 144.24, Code 2019, is amended to read as
2follows:
   3144.24  Substituting new for original birth certificates —
4inspection.
   51.  If a new certificate of birth is established, the actual
6place and date of birth shall be shown on the certificate. The
7certificate shall be substituted for the original certificate
8of birth. Thereafter,
   92.   Following substitution of the original certificate of
10birth with a new certificate of birth,
the original certificate
11and the evidence of adoption, paternity, legitimation, or sex
12change shall not be subject to inspection except under order of
13a court of competent jurisdiction, including but not limited
14to an order issued pursuant to section 600.16A, as provided
15in section 144.24A,
or as provided by administrative rule for
16statistical or administrative purposes only. However,
   173.   Notwithstanding subsection 2,the state registrar shall,
18upon the application of an adult adopted person, a biological
19parent, an adoptive parent, or the legal representative of the
20adult adopted person, the biological parent, or the adoptive
21parent, inspect the original certificate and the evidence of
22adoption and reveal to the applicant the date of the adoption
23and the name and address of the court which issued the adoption
24decree.
25   Sec. 2.  NEW SECTION.  144.24A  Access to original birth
26certificate — application — fees — contact preference form.
   271.  Notwithstanding any provision of law to the contrary,
28an adult adopted person who was born in this state and whose
29original certificate of birth was substituted with a new
30certificate of birth pursuant to section 144.24 based upon the
31adoption, may apply for and obtain a noncertified copy of the
32persons’ original certificate of birth in accordance with this
33section.
   34a.  The adult adopted person shall be at least eighteen years
35of age at the time the application is filed.
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   1b.  The adult adopted person shall file a written application
2with the state registrar on a form and in the manner prescribed
3by the state registrar requesting a noncertified copy of the
4original certificate of birth.
   5c.  Upon receipt of the written application and proof of
6identification and payment of a fee, the state registrar shall
7issue a noncertified copy of the original certificate of birth
8to the applicant. At the time of such issuance, the state
9registrar shall also provide to the applicant any contact
10preference form completed and submitted to the state registrar
11pursuant to subsection 2.
   122.  a.  The state registrar shall develop a contact
13preference form on which a biological parent may state a
14preference regarding contact by an adult adopted person
15following application for and issuance of the noncertified copy
16of the original certificate of birth under this section. The
17preferences available to the biological parent shall include
18all of the following, from which the biological parent may
19choose only one:
   20(1)  “I would like to be contacted. I have completed this
21contact preference form and am filing the form with the state
22registrar. I may change this preference by filing a subsequent
23contact preference form with the state registrar.”
   24(2)  “I would prefer to be contacted only through an
25intermediary. I would like the following named individual
26or entity to act as an intermediary. I have completed this
27contact preference form and am filing the form with the state
28registrar. I may change this preference by filing a subsequent
29contact preference form with the state registrar.”
   30(3)  “I do not want to be contacted; however, my personally
31identifiable information may be released if requested in
32accordance with Iowa Code section 144.24A. I have completed
33this contact preference form and am filing the form with the
34state registrar. I may change this preference by filing a
35subsequent contact preference form with the state registrar.”
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   1(4)  “I request that all personally identifiable information
2related to me be redacted from the original birth certificate.
3I have completed this contact preference form and am filing the
4form with the state registrar. I may change this preference
5by filing a subsequent contact preference form with the state
6registrar.”
   7b.  The contact preference form shall be provided to the
8biological parent in accordance with section 600A.4.
   9c.  Upon receipt of a completed contact preference form, the
10state registrar shall attach the completed form to the original
11certificate of birth.
   123.  Notwithstanding the provisions of subsection 2, in the
13case of an adult person who was adopted prior to July 1, 2019,
14the following shall apply:
   15a.  A biological parent may submit a contact preference
16form as specified in subsection 2 to the state registrar on or
17before June 30, 2021.
   18b.  On or after July 1, 2021, the adult adopted person
19may apply for a noncertified copy of the person’s original
20certificate of birth and any contact preference form in
21accordance with this section.
   22(1)  If a contact preference form is submitted by a
23biological parent on or before June 30, 2021, the adult adopted
24person may obtain a noncertified copy of the person’s original
25certificate of birth and any contact preference form in
26accordance with this section.
   27(2)  If a contact preference form is not submitted by a
28biological parent on or before June 30, 2021, the adult adopted
29person’s original certificate of birth shall remain sealed and
30shall only be subject to inspection under order of a court of
31competent jurisdiction, including an order issued pursuant to
32section 600.16A, or as provided by administrative rule for
33statistical or administrative purposes.
   344.  The state registrar shall adopt rules pursuant to chapter
3517A to administer this section including rules relating to all
-3-1of the following:
   2a.  Establishment of fees pursuant to section 144.46 for
3issuance of the noncertified copy of the original certificate
4of birth under this section.
   5b.  The application form and proof of identification
6requirements relative to application for a noncertified copy of
7an original certificate of birth.
   8c.  The contact preference form.
9   Sec. 3.  Section 600.13, subsection 5, Code 2019, is amended
10to read as follows:
   115.  a.  An interlocutory or a final adoption decree shall be
12entered with the clerk of court. Such decree shall set forth
13any facts of the adoption petition which have been proven to
14the satisfaction of the juvenile court or court and any other
15facts considered to be relevant by the juvenile court or court
16and shall grant the adoption petition. If so designated in
17the adoption decree, the name of the adopted person shall be
18changed by issuance of that decree.
   19b.  The clerk of the court shall, within thirty days of
20issuance, deliver one certified copy of any adoption decree
21to the petitioner, at no charge, one copy of any adoption
22decree to the department and any adoption service provider
23who placed a minor person for adoption, at no charge, and one
24certification certified copy of any adoption decree to the
25state registrar of vital statistics to prepare a certificate

26 of adoption birth as prescribed in section 144.19 to the state
27registrar of vital statistics at no charge
.
   28c.  Upon receipt of the certification certified copy of the
29adoption decree
, the state registrar shall prepare a new birth
30certificate pursuant to section 144.23 and shall do one of the
31following, as applicable:
   32(1)  Deliver to the parents named in the decree a copy of
33the new birth certificate along with a document, developed and
34furnished by the department, listing all postadoption services
35available to adoptive families in the state.
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   1(2)  Deliver to any adult person adopted by the decree a copy
2of the new birth certificate.
   3d.  The parents shall pay the fee prescribed in section
4144.46.
   5e.  Upon receipt of the certified copy of the adoption
6decree, the state registrar shall also attach a copy of any
7contact preference form included with the certified copy to
8the original certificate of birth or the purposes of section
9144.24A.
   10e.    f.  If the person adopted was born outside this state
11but in the United States, the state registrar shall forward
12the certification certified copy of the adoption decree to the
13appropriate agency in the state of birth.
   14f.    g.  A copy of any interlocutory adoption decree vacation
15shall be delivered and another birth certificate shall be
16prepared in the same manner as a certification certified copy
17 of the adoption decree is delivered and the birth certificate
18was originally prepared.
19   Sec. 4.  Section 600.16A, subsection 2, unnumbered paragraph
201, Code 2019, is amended to read as follows:
   21All With the exception of access to the original certificate
22of birth as provided in section 144.24A, all of the
papers and
23records pertaining to a termination of parental rights under
24chapter 600A and to an adoption shall not be open to inspection
25and the identity of the biological parents of an adopted
26person shall not be revealed except under any of the following
27circumstances:
28   Sec. 5.  Section 600A.4, subsection 2, Code 2019, is amended
29by adding the following new paragraph:
30   NEW PARAGRAPH.  0f.  Shall be accompanied by a contact
31preference form completed by the biological parent of the
32person to be adopted and attached to the original certificate
33of birth as provided in section 144.24A. The contact
34preference form shall be attached to any termination of
35parental rights order issued pursuant to section 600A.9.
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1EXPLANATION
2The inclusion of this explanation does not constitute agreement with
3the explanation’s substance by the members of the general assembly.
   4This bill provides for access to an adult adopted person’s
5original certificate of birth.
   6The bill provides that an adult adopted person who was
7born in this state and whose original certificate of birth
8was substituted with a new certificate of birth based upon
9the adoption, may obtain a noncertified copy of the person’s
10original certificate of birth as specified in the bill.
11These specifications include that the adult adopted person
12is at least 18 years of age at the time the application is
13filed and that the adult adopted person must file a written
14application with the state registrar. Upon receipt of the
15written application and proof of identification and payment of
16a fee, the state registrar of vital statistics shall issue a
17noncertified copy of the original certificate of birth to the
18applicant. At the time of such issuance, the state registrar
19must also provide to the applicant any contact preference form
20completed and submitted to the state registrar. The contact
21preference form, developed by the state registrar, is a form
22to be completed and submitted by the biological parent stating
23a preference regarding contact by an adult adopted person
24following application for and issuance of the noncertified
25copy of the original certificate of birth. The preferences
26available to the biological parent include a choice of one of
27the following: (1) “I would like to be contacted. I have
28completed this contact preference form and am filing the form
29with the state registrar. I may change this preference by
30filing a subsequent contact preference form with the state
31registrar.” (2)“I would prefer to be contacted only through
32an intermediary. I would like the following named individual
33or entity to act as an intermediary. I have completed this
34contact preference form and am filing the form with the
35state registrar. I may change this preference by filing a
-6-1subsequent contact preference form with the state registrar.”
2 (3) “I do not want to be contacted; however, my personally
3identifiable information may be released if requested in
4accordance with Iowa Code section 144.24A. I have completed
5this contact preference form and am filing the form with the
6state registrar. I may change this preference by filing a
7subsequent contact preference form with the state registrar.”
8 (4) “I request that all personally identifiable information
9related to me be redacted from the original birth certificate.
10I have completed this contact preference form and am filing the
11form with the state registrar. I may change this preference
12by filing a subsequent contact preference form with the state
13registrar.” The contact preference form is to be provided to
14an individual who is in the process of terminating parental
15rights and is to be attached to a release of custody and
16the termination of parental rights order, which in turn is
17attached to the adoption petition and the adoption decree.
18A certified copy of the adoption decree, including any copy
19of the contact preference form, is to be sent to the state
20registrar for the purpose of, in addition to the preparation
21of a new birth certificate, attaching the contact preference
22form to the original certificate of birth. The bill directs
23the state registrar to adopt rules pursuant to Code chapter
2417A to administer the provisions of the bill including rules
25relating to fees for issuance of the noncertified copy of the
26original certificate of birth, the application form and proof
27of identification requirements relative to application for a
28noncertified copy of an original certificate of birth, and
29the contact preference form. Fees established are subject to
30Code section 144.46 including provisions requiring that fees
31collected are to be deposited in the general fund of the state
32and the vital records fund in accordance with an apportionment
33established by rule.
   34The bill includes conforming changes in the Code. The
35bill provides an exception to the provisions and penalties
-7-1relating to the opening of papers and records pertaining to a
2termination of parental rights or an adoption, to allow for
3access to the original certificate of birth by an adult adopted
4person consistent with the bill.
   5Notwithstanding the provisions of the bill relating to the
6preference form and the use of the preference form, the bill
7provides that, relative to an adult person who was adopted
8prior to July 1, 2019, when the bill takes effect, a biological
9parent may submit a contact preference form to the state
10registrar of vital statistics on or before June 30, 2021. On
11or after July 1, 2021, the adult adopted person may apply for a
12noncertified copy of the person’s original certificate of birth
13and any contact preference form in accordance with the bill.
14If a contact preference form is submitted by a biological
15parent on or before June 30, 2021, the adult adopted person may
16obtain a noncertified copy of the person’s original certificate
17of birth and any contact preference form in accordance with the
18bill. However, if a contact preference form is not submitted
19by a biological parent on or before June 30, 2021, the adult
20adopted person’s original certificate of birth shall remain
21sealed and shall only be subject to inspection as is provided
22in the law prior to July 1, 2019, which provides that an adult
23adopted person’s original certificate of birth shall only be
24subject to inspection under order of a court of competent
25jurisdiction, including an order issued pursuant to Code
26section 600.16A, or as provided by administrative rule for
27statistical or administrative purposes.
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