Senate File 126 - 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
2on a form and in the manner prescribed by the state registrar
3with 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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   1b.  The contact preference form shall be provided to the
2biological parent in accordance with section 600A.4.
   3c.  Upon receipt of a completed contact preference form, the
4state registrar shall attach the completed form to the original
5certificate of birth.
   63.  The state registrar shall adopt rules pursuant to chapter
717A to administer this section including rules relating to all
8of the following:
   9a.  Establishment of fees pursuant to section 144.46 for
10issuance of the noncertified copy of the original certificate
11of birth under this section.
   12b.  The application form and proof of identification
13requirements relative to application for a noncertified copy of
14an original certificate of birth.
   15c.  The contact preference form.
16   Sec. 3.  Section 600.13, subsection 5, Code 2019, is amended
17to read as follows:
   185.  a.  An interlocutory or a final adoption decree shall be
19entered with the clerk of court. Such decree shall set forth
20any facts of the adoption petition which have been proven to
21the satisfaction of the juvenile court or court and any other
22facts considered to be relevant by the juvenile court or court
23and shall grant the adoption petition. If so designated in
24the adoption decree, the name of the adopted person shall be
25changed by issuance of that decree.
   26b.  The clerk of the court shall, within thirty days of
27issuance, deliver one certified copy of any adoption decree
28to the petitioner, at no charge, one copy of any adoption
29decree to the department and any adoption service provider
30who placed a minor person for adoption, at no charge, and one
31certification certified copy of any adoption decree to the
32state registrar of vital statistics to prepare a certificate

33 of adoption birth as prescribed in section 144.19 to the state
34registrar of vital statistics at no charge
.
   35c.  Upon receipt of the certification certified copy of the
-3-1adoption decree
, the state registrar shall prepare a new birth
2certificate pursuant to section 144.23 and shall do one of the
3following, as applicable:
   4(1)  Deliver to the parents named in the decree a copy of
5the new birth certificate along with a document, developed and
6furnished by the department, listing all postadoption services
7available to adoptive families in the state.
   8(2)  Deliver to any adult person adopted by the decree a copy
9of the new birth certificate.
   10d.  Upon receipt of the certified copy of the adoption
11decree, the state registrar shall also attach a copy of any
12contact preference form included with the certified copy to
13the original certificate of birth for the purposes of section
14144.24A.
   15d.    e.  The parents shall pay the fee prescribed in section
16144.46.
   17e.    f.  If the person adopted was born outside this state
18but in the United States, the state registrar shall forward
19the certification of adoption to the appropriate agency in the
20state of birth.
   21f.    g.  A copy of any interlocutory adoption decree vacation
22shall be delivered and another birth certificate shall be
23prepared in the same manner as a certification of adoption is
24delivered and the birth certificate was originally prepared.
25   Sec. 4.  Section 600.16A, subsection 2, unnumbered paragraph
261, Code 2019, is amended to read as follows:
   27All With the exception of access to the original certificate
28of birth as provided in section 144.24A, all of the
papers and
29records pertaining to a termination of parental rights under
30chapter 600A and to an adoption shall not be open to inspection
31and the identity of the biological parents of an adopted
32person shall not be revealed except under any of the following
33circumstances:
34   Sec. 5.  Section 600A.4, subsection 2, Code 2019, is amended
35by adding the following new paragraph:
-4-1   NEW PARAGRAPH.  0f.  Shall be accompanied by a contact
2preference form completed by the biological parent of the
3person to be adopted and attached to the original certificate
4of birth as provided in section 144.24A. The contact
5preference form shall be attached to any termination of
6parental rights order issued pursuant to section 600A.9.
7EXPLANATION
8The inclusion of this explanation does not constitute agreement with
9the explanation’s substance by the members of the general assembly.
   10This bill provides for access to an adult adopted person’s
11original certificate of birth.
   12The bill provides that an adult adopted person who was
13born in this state and whose original certificate of birth
14was substituted with a new certificate of birth based upon
15the adoption, may obtain a noncertified copy of the person’s
16original certificate of birth as specified in the bill.
17These specifications include that the adult adopted person
18is at least 18 years of age at the time the application is
19filed and that the adult adopted person must file a written
20application with the state registrar. Upon receipt of the
21written application and proof of identification and payment of
22a fee, the state registrar of vital statistics shall issue a
23noncertified copy of the original certificate of birth to the
24applicant. At the time of such issuance, the state registrar
25must also provide to the applicant any contact preference
26form completed and submitted to the state registrar. The
27contact preference form, developed by the state registrar,
28is a form to be completed and submitted by the biological
29parent stating a preference regarding contact by an adult
30adopted person following application for and issuance of
31the noncertified copy of the original certificate of birth.
32The preferences available to the biological parent include
33a choice of one of the following: (1) “I would like to be
34contacted. I have completed this contact preference form and
35am filing the form with the state registrar. I may change this
-5-1preference by filing a subsequent contact preference form with
2the state registrar.” (2)“I would prefer to be contacted
3only through an intermediary. I would like the following
4named individual or entity to act as an intermediary. I have
5completed this contact preference form and am filing the form
6with the state registrar. I may change this preference by
7filing a subsequent contact preference form with the state
8registrar.” (3) “I do not want to be contacted; however,
9my personally identifiable information may be released if
10requested in accordance with Iowa Code section 144.24A. I
11have completed this contact preference form and am filing the
12form with the state registrar. I may change this preference
13by filing a subsequent contact preference form with the state
14registrar.” The contact preference form is to be provided to
15an individual who is in the process of terminating parental
16rights and is to be attached to a release of custody and
17the termination of parental rights order, which in turn is
18attached to the adoption petition and the adoption decree.
19A certified copy of the adoption decree, including any copy
20of the contact preference form, is to be sent to the state
21registrar for the purpose of, in addition to the preparation
22of a new birth certificate, attaching the contact preference
23form to the original certificate of birth. The bill directs
24the state registrar to adopt rules pursuant to Code chapter
2517A to administer the provisions of the bill including rules
26relating to fees for issuance of the noncertified copy of the
27original certificate of birth, the application form and proof
28of identification requirements relative to application for a
29noncertified copy of an original certificate of birth, and
30the contact preference form. Fees established are subject to
31Code section 144.46 including provisions requiring that fees
32collected are to be deposited in the general fund of the state
33and the vital records fund in accordance with an apportionment
34established by rule.
   35The bill includes conforming changes in the Code. The
-6-1bill provides an exception to the provisions and penalties
2relating to the opening of papers and records pertaining to a
3termination of parental rights or an adoption, to allow for
4access to the original certificate of birth by an adult adopted
5person consistent with the bill.
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