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House File 723 - IntroducedA Bill ForAn Act 1relating to access to a copy of an original birth
2certificate by an adoptee or an entitled person, providing
3for fees, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 144.24, Code 2021, 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 certificate
26of birth — application — contact preference form — medical
27history form — fees.
281. Notwithstanding any provision of law to the contrary, an
29adopted person who was born in this state and whose original
30certificate of birth was substituted with a new certificate of
31birth pursuant to section 144.24 based upon the adoption, or
32an entitled person, may apply for and obtain a noncertified
33copy of the original certificate of birth of the adopted person
34who is the subject of the original certificate of birth in
35accordance with this section, including with any required
-1-1redaction of personally identifiable information pursuant to
2subsection 2, paragraph “a”, subparagraph (4).
3a. (1) If an adopted person who is the subject of the
4original certificate of birth is submitting the application,
5the adopted person shall be at least eighteen years of age at
6the time the application is filed.
7(2) If an entitled person is submitting the application, the
8adopted person who is the subject of the original certificate
9of birth shall be deceased at the time the application is
10filed.
11b. The adopted person or the entitled person shall file
12a written application with the state registrar on a form and
13in the manner prescribed by the state registrar requesting a
14noncertified copy of the original certificate of birth.
15c. Upon receipt of the written application, proof of
16identification, and payment of a fee, the state registrar
17shall issue a noncertified copy of the original certificate
18of birth to the applicant in accordance with this section,
19including with any required redaction of personally
20identifiable information pursuant to subsection 2, paragraph
21“a”, subparagraph (4). At the time of such issuance, the state
22registrar shall also provide to the applicant any contact
23preference form or medical history form completed and submitted
24to the state registrar pursuant to subsections 2 and 3 in
25accordance with this section, including with any required
26redaction of personally identifiable information pursuant to
27subsection 2, paragraph “a”, subparagraph (4), and subsection
283, paragraph “a”, subparagraph (4).
292. a. The state registrar shall develop a contact
30preference form on which a biological parent may state a
31preference regarding contact by an adopted person or an
32entitled person following application for and issuance of the
33noncertified copy of the original certificate of birth under
34this section. The preferences available to the biological
35parent shall include all of the following, from which the
-2-1biological parent may choose only one:
2(1) “I would like to be contacted. I have completed this
3contact preference form and am filing the form with the state
4registrar. I may change this preference by filing a subsequent
5contact preference form with the state registrar.”
6(2) “I would prefer to be contacted only through an
7intermediary. I would like the following named individual
8or entity to act as an intermediary. I have completed this
9contact preference form and am filing the form with the state
10registrar. I may change this preference by filing a subsequent
11contact preference form with the state registrar.”
12(3) “I do not want to be contacted; however, my personally
13identifiable information may be released if requested in
14accordance with Iowa Code section 144.24A. I have completed
15this contact preference form and am filing the form with the
16state registrar. I may change this preference by filing a
17subsequent contact preference form with the state registrar.”
18(4) “I do not want to be contacted. I request that my
19personally identifiable information be redacted from the
20noncertified copy of the original certificate of birth and
21my contact preference form. I have completed this contact
22preference form and am filing the form with the state
23registrar. I may change this preference by filing a subsequent
24contract preference form with the state registrar.”
25b. The contact preference form shall also state that
26regardless of whether a contact preference form is completed
27by the biological parent, a noncertified copy of the original
28certificate of birth shall be issued to an adopted person
29or an entitled person who applies for a noncertified copy
30of an original certificate of birth in accordance with this
31section, including with any required redaction of personally
32identifiable information pursuant to subsection 2, paragraph
33“a”, subparagraph (4).
34c. The contact preference form shall be provided to the
35biological parent in accordance with section 600A.4. A contact
-3-1preference form may be completed or updated by the biological
2parent at any time at the request of the biological parent.
33. a. The state registrar shall develop a medical history
4form on which a biological parent may provide the medical
5history of the biological parent and any blood relatives. The
6options available to the biological parent shall include all of
7the following from which the biological parent may choose only
8one:
9(1) “I am not aware of any medical history of any
10significance.”
11(2) “I prefer not to provide any medical information at this
12time.”
13(3) “I wish to provide the following medical information
14included on the attached form.”
15(4) “I wish to provide the following medical information
16included in the attached form. However, I request that my
17personally identifiable information be redacted from the
18medical information form prior to its release under Iowa Code
19section 144.24A.”
20b. The medical history form shall be provided to the
21biological parent in accordance with section 600A.4. A medical
22history form may be completed or updated by the biological
23parent at any time at the request of the biological parent.
244. Upon receipt of a completed contact preference form or
25medical history form, the state registrar shall attach any such
26completed form to the original certificate of birth.
275. For the purposes of this section, “entitled person” means
28the spouse of the adopted person who is deceased or an adult
29related to the adopted person who is deceased within the second
30degree of consanguinity.
316. The state registrar shall adopt rules pursuant to chapter
3217A to administer this section including rules relating to all
33of the following:
34a. Establishment of fees pursuant to section 144.46 for
35issuance of a noncertified copy of the original certificate of
-4-1birth under this section.
2b. The application form and proof of identification
3requirements relative to an application for a noncertified copy
4of an original certificate of birth.
5c. The contact preference form and the medical history form.
67. a. The department shall implement a public awareness and
7notification period to promote awareness of the provisions of
8this section and to allow time for a biological parent to file
9contact preference and medical history forms.
10b. An application may be submitted under this section by an
11adopted person or an entitled person to obtain a noncertified
12copy of an adopted person’s original certificate of birth in
13accordance with this section, if the adopted person who is the
14subject of the original certificate of birth was born before
15January 1, 1971.
16c. Beginning January 1, 2022, an application may be
17submitted under this section by an adopted person or an
18entitled person to obtain a noncertified copy of an adopted
19person’s original certificate of birth in accordance with this
20section, notwithstanding the date of birth of the adopted
21person who is the subject of the original certificate of birth
22prescribed under paragraph “b”.
23 Sec. 3. Section 600.13, subsection 5, Code 2021, is amended
24to read as follows:
255. a. An interlocutory or a final adoption decree shall be
26entered with the clerk of court. Such decree shall set forth
27any facts of the adoption petition which have been proven to
28the satisfaction of the juvenile court or court and any other
29facts considered to be relevant by the juvenile court or court
30and shall grant the adoption petition. If so designated in
31the adoption decree, the name of the adopted person shall be
32changed by issuance of that decree.
33b. The clerk of the court shall, within thirty days of
34issuance, deliver one certified copy of any adoption decree
35to the petitioner, at no charge, one copy of any adoption
-5-1decree to the department and any adoption service provider
2who placed a minor person for adoption, at no charge, and one
3certification certified copy of any adoption decree, and any
4contact preference form or medical history form associated with
5the certified copy of any adoption decree for the purposes of
6section 144.24A, to the state registrar of vital statistics
7to prepare a certificate of adoption birth as prescribed in
8section 144.19 to the state registrar of vital statistics at
9no charge.
10c. Upon receipt of the certification certified copy of the
11adoption decree, the state registrar shall prepare a new birth
12certificate pursuant to section 144.23 and shall do one of the
13following, as applicable:
14(1) Deliver to the parents named in the decree a copy of
15the new birth certificate along with a document, developed and
16furnished by the department, listing all postadoption services
17available to adoptive families in the state.
18(2) Deliver to any adult person adopted by the decree a copy
19of the new birth certificate.
20d. The parents shall pay the fee prescribed in section
21144.46.
22e. Upon receipt of the certified copy of the adoption
23decree, the state registrar shall also attach a copy of any
24contact preference form or medical history form included with
25the certified copy to the original certificate of birth for the
26purposes of section 144.24A.
27e. f. If the person adopted was born outside this state
28but in the United States, the state registrar shall forward
29the certification certified copy of the adoption decree to the
30appropriate agency in the state of birth.
31f. g. A copy of any interlocutory adoption decree vacation
32shall be delivered and another birth certificate shall be
33prepared in the same manner as a certification certified copy
34 of the adoption decree is delivered and the birth certificate
35was originally prepared.
-6-1 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph
21, Code 2021, is amended to read as follows:
3All With the exception of access to the original certificate
4of birth as provided in section 144.24A, all of the papers and
5records pertaining to a termination of parental rights under
6chapter 600A and to an adoption shall not be open to inspection
7and the identity of the biological parents of an adopted
8person shall not be revealed except under any of the following
9circumstances:
10 Sec. 5. Section 600A.4, subsection 2, Code 2021, is amended
11by adding the following new paragraph:
12 NEW Paragraph. 0f. Shall be accompanied by a contact
13preference form or medical history form completed by the
14biological parent of the person to be adopted and attached
15to the original certificate of birth as provided in section
16144.24A. The contact preference form or medical history form
17shall be attached to any termination of parental rights order
18issued pursuant to section 600A.9.
19 Sec. 6. EFFECTIVE DATE. The following, being deemed of
20immediate importance, take effect upon enactment:
211. The section of this Act enacting section 144.24A,
22subsection 7, paragraph “a”, requiring the department of public
23health to implement a public awareness and notification period
24to promote awareness and to allow time for a biological parent
25to file contact preference and medical history forms.
262. The section of this Act enacting section 144.24A,
27subsection 7, paragraph “b”, providing for the submission of
28an application by an adopted person or an entitled person to
29obtain a noncertified copy of an adopted person’s original
30certificate of birth, if the adopted person who is the subject
31of the original certificate of birth was born before January
321, 1971.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-7- 1This bill provides for access to an adult adopted person’s
2original certificate of birth.
3The bill provides that an adult adopted person who was born
4in this state and whose original certificate of birth was
5substituted with a new certificate of birth based upon the
6adoption, or an entitled person, may obtain a noncertified
7copy of the adult adopted person’s original certificate of
8birth as specified in the bill. Upon receipt of the written
9application, proof of identification, and payment of a fee, the
10state registrar of vital statistics shall issue a noncertified
11copy of the original certificate of birth to the applicant
12including with any required redaction of the biological
13parent’s personally identifiable information, if requested
14by the biological parent. At the time of such issuance,
15the state registrar must also provide to the applicant any
16contact preference form or medical history form completed and
17submitted to the state registrar including with any required
18redaction of the biological parent’s personally identifiable
19information, if requested by the biological parent. The
20contact preference form, developed by the state registrar,
21is a form to be completed and submitted by the biological
22parent stating a preference regarding contact by an adult
23adopted person or entitled person following application for and
24issuance of the noncertified copy of the original certificate
25of birth. The preferences available to the biological parent
26include a choice of one of the following: (1) “I would like
27to be contacted. I have completed this contact preference
28form and am filing the form with the state registrar. I
29may change this preference by filing a subsequent contact
30preference form with the state registrar.” (2)“I would
31prefer to be contacted only through an intermediary. I would
32like the following named individual or entity to act as an
33intermediary. I have completed this contact preference form
34and am filing the form with the state registrar. I may change
35this preference by filing a subsequent contact preference
-8-1form with the state registrar.” (3) “I do not want to be
2contacted; however, my personally identifiable information may
3be released if requested in accordance with Iowa Code section
4144.24A. I have completed this contact preference form and am
5filing the form with the state registrar. I may change this
6preference by filing a subsequent contact preference form with
7the state registrar.” (4) “I do not want to be contacted.
8I request that my personally identifiable information be
9redacted from the noncertified copy of the original certificate
10of birth and my contact preference form. I have completed
11this contact preference form and am filing the form with the
12state registrar. I may change this preference by filing a
13subsequent contact preference form with the state registrar.”
14The medical history form, developed by the state registrar,
15allows a biological parent to provide the medical history of
16the biological parent and any blood relatives. The options
17available to a biological parent on which the biological
18parent may choose only one are: (1) “I am not aware of any
19medical history of any significance”; (2) “I prefer not to
20provide any medical information at this time”; (3) “I wish
21to provide the following medical information included on the
22attached form”; (4) “I wish to provide the following medical
23information included in the attached form. However, I request
24that my personally identifiable information be redacted from
25the medical information form prior to its release under Iowa
26Code section 144.24A.” The contact preference form and medical
27history form are to be provided to an individual who is in the
28process of terminating parental rights and are to be attached
29to a release of custody and the termination of parental rights
30order, which in turn are attached to the adoption petition
31and the adoption decree. A certified copy of the adoption
32decree, including any copy of the contact preference form and
33medical history form, are to be sent to the state registrar for
34the purpose of, in addition to the preparation of a new birth
35certificate, attaching the contact preference form and medical
-9-1history form to the original certificate of birth. The bill
2directs the state registrar to adopt rules pursuant to Code
3chapter 17A to administer the provisions of the bill including
4rules relating to fees for issuance of the noncertified copy
5of the original certificate of birth, the application form and
6proof of identification requirements relative to application
7for a noncertified copy of an original certificate of birth,
8and the contact preference form and medical history form.
9Fees established are subject to Code section 144.46 including
10provisions requiring that fees collected are to be deposited
11in the general fund of the state and the vital records fund in
12accordance with an apportionment established by rule.
13The bill provides for the implementation of a public
14awareness and notification period by the department of public
15health to promote awareness of the provisions of the bill
16and to allow time for a biological parent to file a contact
17preference and medical history form. The bill provides that
18an adult adopted person or an entitled person may submit
19an application for a noncertified copy of an adult adopted
20person’s certificate of birth if the adult adopted person, who
21is the subject of the application, was born before January
221, 1971; and provides that beginning January 1, 2022, an
23adult adopted person or an entitled person may apply for a
24noncertified copy of an adult adopted person’s certificate of
25birth, notwithstanding the date of birth of the adult adopted
26person who is the subject of the application.
27The bill includes conforming changes in the Code. The
28bill provides an exception to the provisions and penalties
29relating to the opening of papers and records pertaining to a
30termination of parental rights or an adoption, to allow for
31access to the original certificate of birth consistent with the
32bill.
33The bill includes effective date provisions relating
34to implementation of the public awareness and notification
35period and to the submission of an application to obtain a
-10-1noncertified copy of an adopted person’s original certificate
2of birth if the person was born before January 1, 1971.
-11-pf/rh
2certificate by an adoptee or an entitled person, providing
3for fees, and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 144.24, Code 2021, 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 certificate
26of birth — application — contact preference form — medical
27history form — fees.
281. Notwithstanding any provision of law to the contrary, an
29adopted person who was born in this state and whose original
30certificate of birth was substituted with a new certificate of
31birth pursuant to section 144.24 based upon the adoption, or
32an entitled person, may apply for and obtain a noncertified
33copy of the original certificate of birth of the adopted person
34who is the subject of the original certificate of birth in
35accordance with this section, including with any required
-1-1redaction of personally identifiable information pursuant to
2subsection 2, paragraph “a”, subparagraph (4).
3a. (1) If an adopted person who is the subject of the
4original certificate of birth is submitting the application,
5the adopted person shall be at least eighteen years of age at
6the time the application is filed.
7(2) If an entitled person is submitting the application, the
8adopted person who is the subject of the original certificate
9of birth shall be deceased at the time the application is
10filed.
11b. The adopted person or the entitled person shall file
12a written application with the state registrar on a form and
13in the manner prescribed by the state registrar requesting a
14noncertified copy of the original certificate of birth.
15c. Upon receipt of the written application, proof of
16identification, and payment of a fee, the state registrar
17shall issue a noncertified copy of the original certificate
18of birth to the applicant in accordance with this section,
19including with any required redaction of personally
20identifiable information pursuant to subsection 2, paragraph
21“a”, subparagraph (4). At the time of such issuance, the state
22registrar shall also provide to the applicant any contact
23preference form or medical history form completed and submitted
24to the state registrar pursuant to subsections 2 and 3 in
25accordance with this section, including with any required
26redaction of personally identifiable information pursuant to
27subsection 2, paragraph “a”, subparagraph (4), and subsection
283, paragraph “a”, subparagraph (4).
292. a. The state registrar shall develop a contact
30preference form on which a biological parent may state a
31preference regarding contact by an adopted person or an
32entitled person following application for and issuance of the
33noncertified copy of the original certificate of birth under
34this section. The preferences available to the biological
35parent shall include all of the following, from which the
-2-1biological parent may choose only one:
2(1) “I would like to be contacted. I have completed this
3contact preference form and am filing the form with the state
4registrar. I may change this preference by filing a subsequent
5contact preference form with the state registrar.”
6(2) “I would prefer to be contacted only through an
7intermediary. I would like the following named individual
8or entity to act as an intermediary. I have completed this
9contact preference form and am filing the form with the state
10registrar. I may change this preference by filing a subsequent
11contact preference form with the state registrar.”
12(3) “I do not want to be contacted; however, my personally
13identifiable information may be released if requested in
14accordance with Iowa Code section 144.24A. I have completed
15this contact preference form and am filing the form with the
16state registrar. I may change this preference by filing a
17subsequent contact preference form with the state registrar.”
18(4) “I do not want to be contacted. I request that my
19personally identifiable information be redacted from the
20noncertified copy of the original certificate of birth and
21my contact preference form. I have completed this contact
22preference form and am filing the form with the state
23registrar. I may change this preference by filing a subsequent
24contract preference form with the state registrar.”
25b. The contact preference form shall also state that
26regardless of whether a contact preference form is completed
27by the biological parent, a noncertified copy of the original
28certificate of birth shall be issued to an adopted person
29or an entitled person who applies for a noncertified copy
30of an original certificate of birth in accordance with this
31section, including with any required redaction of personally
32identifiable information pursuant to subsection 2, paragraph
33“a”, subparagraph (4).
34c. The contact preference form shall be provided to the
35biological parent in accordance with section 600A.4. A contact
-3-1preference form may be completed or updated by the biological
2parent at any time at the request of the biological parent.
33. a. The state registrar shall develop a medical history
4form on which a biological parent may provide the medical
5history of the biological parent and any blood relatives. The
6options available to the biological parent shall include all of
7the following from which the biological parent may choose only
8one:
9(1) “I am not aware of any medical history of any
10significance.”
11(2) “I prefer not to provide any medical information at this
12time.”
13(3) “I wish to provide the following medical information
14included on the attached form.”
15(4) “I wish to provide the following medical information
16included in the attached form. However, I request that my
17personally identifiable information be redacted from the
18medical information form prior to its release under Iowa Code
19section 144.24A.”
20b. The medical history form shall be provided to the
21biological parent in accordance with section 600A.4. A medical
22history form may be completed or updated by the biological
23parent at any time at the request of the biological parent.
244. Upon receipt of a completed contact preference form or
25medical history form, the state registrar shall attach any such
26completed form to the original certificate of birth.
275. For the purposes of this section, “entitled person” means
28the spouse of the adopted person who is deceased or an adult
29related to the adopted person who is deceased within the second
30degree of consanguinity.
316. The state registrar shall adopt rules pursuant to chapter
3217A to administer this section including rules relating to all
33of the following:
34a. Establishment of fees pursuant to section 144.46 for
35issuance of a noncertified copy of the original certificate of
-4-1birth under this section.
2b. The application form and proof of identification
3requirements relative to an application for a noncertified copy
4of an original certificate of birth.
5c. The contact preference form and the medical history form.
67. a. The department shall implement a public awareness and
7notification period to promote awareness of the provisions of
8this section and to allow time for a biological parent to file
9contact preference and medical history forms.
10b. An application may be submitted under this section by an
11adopted person or an entitled person to obtain a noncertified
12copy of an adopted person’s original certificate of birth in
13accordance with this section, if the adopted person who is the
14subject of the original certificate of birth was born before
15January 1, 1971.
16c. Beginning January 1, 2022, an application may be
17submitted under this section by an adopted person or an
18entitled person to obtain a noncertified copy of an adopted
19person’s original certificate of birth in accordance with this
20section, notwithstanding the date of birth of the adopted
21person who is the subject of the original certificate of birth
22prescribed under paragraph “b”.
23 Sec. 3. Section 600.13, subsection 5, Code 2021, is amended
24to read as follows:
255. a. An interlocutory or a final adoption decree shall be
26entered with the clerk of court. Such decree shall set forth
27any facts of the adoption petition which have been proven to
28the satisfaction of the juvenile court or court and any other
29facts considered to be relevant by the juvenile court or court
30and shall grant the adoption petition. If so designated in
31the adoption decree, the name of the adopted person shall be
32changed by issuance of that decree.
33b. The clerk of the court shall, within thirty days of
34issuance, deliver one certified copy of any adoption decree
35to the petitioner, at no charge, one copy of any adoption
-5-1decree to the department and any adoption service provider
2who placed a minor person for adoption, at no charge, and one
3certification certified copy of any adoption decree, and any
4contact preference form or medical history form associated with
5the certified copy of any adoption decree for the purposes of
6section 144.24A, to the state registrar of vital statistics
7to prepare a certificate of adoption birth as prescribed in
8section 144.19 to the state registrar of vital statistics at
9no charge.
10c. Upon receipt of the certification certified copy of the
11adoption decree, the state registrar shall prepare a new birth
12certificate pursuant to section 144.23 and shall do one of the
13following, as applicable:
14(1) Deliver to the parents named in the decree a copy of
15the new birth certificate along with a document, developed and
16furnished by the department, listing all postadoption services
17available to adoptive families in the state.
18(2) Deliver to any adult person adopted by the decree a copy
19of the new birth certificate.
20d. The parents shall pay the fee prescribed in section
21144.46.
22e. Upon receipt of the certified copy of the adoption
23decree, the state registrar shall also attach a copy of any
24contact preference form or medical history form included with
25the certified copy to the original certificate of birth for the
26purposes of section 144.24A.
27e. f. If the person adopted was born outside this state
28but in the United States, the state registrar shall forward
29the certification certified copy of the adoption decree to the
30appropriate agency in the state of birth.
31f. g. A copy of any interlocutory adoption decree vacation
32shall be delivered and another birth certificate shall be
33prepared in the same manner as a certification certified copy
34 of the adoption decree is delivered and the birth certificate
35was originally prepared.
-6-1 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph
21, Code 2021, is amended to read as follows:
3All With the exception of access to the original certificate
4of birth as provided in section 144.24A, all of the papers and
5records pertaining to a termination of parental rights under
6chapter 600A and to an adoption shall not be open to inspection
7and the identity of the biological parents of an adopted
8person shall not be revealed except under any of the following
9circumstances:
10 Sec. 5. Section 600A.4, subsection 2, Code 2021, is amended
11by adding the following new paragraph:
12 NEW Paragraph. 0f. Shall be accompanied by a contact
13preference form or medical history form completed by the
14biological parent of the person to be adopted and attached
15to the original certificate of birth as provided in section
16144.24A. The contact preference form or medical history form
17shall be attached to any termination of parental rights order
18issued pursuant to section 600A.9.
19 Sec. 6. EFFECTIVE DATE. The following, being deemed of
20immediate importance, take effect upon enactment:
211. The section of this Act enacting section 144.24A,
22subsection 7, paragraph “a”, requiring the department of public
23health to implement a public awareness and notification period
24to promote awareness and to allow time for a biological parent
25to file contact preference and medical history forms.
262. The section of this Act enacting section 144.24A,
27subsection 7, paragraph “b”, providing for the submission of
28an application by an adopted person or an entitled person to
29obtain a noncertified copy of an adopted person’s original
30certificate of birth, if the adopted person who is the subject
31of the original certificate of birth was born before January
321, 1971.
33EXPLANATION
34The inclusion of this explanation does not constitute agreement with
35the explanation’s substance by the members of the general assembly.
-7- 1This bill provides for access to an adult adopted person’s
2original certificate of birth.
3The bill provides that an adult adopted person who was born
4in this state and whose original certificate of birth was
5substituted with a new certificate of birth based upon the
6adoption, or an entitled person, may obtain a noncertified
7copy of the adult adopted person’s original certificate of
8birth as specified in the bill. Upon receipt of the written
9application, proof of identification, and payment of a fee, the
10state registrar of vital statistics shall issue a noncertified
11copy of the original certificate of birth to the applicant
12including with any required redaction of the biological
13parent’s personally identifiable information, if requested
14by the biological parent. At the time of such issuance,
15the state registrar must also provide to the applicant any
16contact preference form or medical history form completed and
17submitted to the state registrar including with any required
18redaction of the biological parent’s personally identifiable
19information, if requested by the biological parent. The
20contact preference form, developed by the state registrar,
21is a form to be completed and submitted by the biological
22parent stating a preference regarding contact by an adult
23adopted person or entitled person following application for and
24issuance of the noncertified copy of the original certificate
25of birth. The preferences available to the biological parent
26include a choice of one of the following: (1) “I would like
27to be contacted. I have completed this contact preference
28form and am filing the form with the state registrar. I
29may change this preference by filing a subsequent contact
30preference form with the state registrar.” (2)“I would
31prefer to be contacted only through an intermediary. I would
32like the following named individual or entity to act as an
33intermediary. I have completed this contact preference form
34and am filing the form with the state registrar. I may change
35this preference by filing a subsequent contact preference
-8-1form with the state registrar.” (3) “I do not want to be
2contacted; however, my personally identifiable information may
3be released if requested in accordance with Iowa Code section
4144.24A. I have completed this contact preference form and am
5filing the form with the state registrar. I may change this
6preference by filing a subsequent contact preference form with
7the state registrar.” (4) “I do not want to be contacted.
8I request that my personally identifiable information be
9redacted from the noncertified copy of the original certificate
10of birth and my contact preference form. I have completed
11this contact preference form and am filing the form with the
12state registrar. I may change this preference by filing a
13subsequent contact preference form with the state registrar.”
14The medical history form, developed by the state registrar,
15allows a biological parent to provide the medical history of
16the biological parent and any blood relatives. The options
17available to a biological parent on which the biological
18parent may choose only one are: (1) “I am not aware of any
19medical history of any significance”; (2) “I prefer not to
20provide any medical information at this time”; (3) “I wish
21to provide the following medical information included on the
22attached form”; (4) “I wish to provide the following medical
23information included in the attached form. However, I request
24that my personally identifiable information be redacted from
25the medical information form prior to its release under Iowa
26Code section 144.24A.” The contact preference form and medical
27history form are to be provided to an individual who is in the
28process of terminating parental rights and are to be attached
29to a release of custody and the termination of parental rights
30order, which in turn are attached to the adoption petition
31and the adoption decree. A certified copy of the adoption
32decree, including any copy of the contact preference form and
33medical history form, are to be sent to the state registrar for
34the purpose of, in addition to the preparation of a new birth
35certificate, attaching the contact preference form and medical
-9-1history form to the original certificate of birth. The bill
2directs the state registrar to adopt rules pursuant to Code
3chapter 17A to administer the provisions of the bill including
4rules relating to fees for issuance of the noncertified copy
5of the original certificate of birth, the application form and
6proof of identification requirements relative to application
7for a noncertified copy of an original certificate of birth,
8and the contact preference form and medical history form.
9Fees established are subject to Code section 144.46 including
10provisions requiring that fees collected are to be deposited
11in the general fund of the state and the vital records fund in
12accordance with an apportionment established by rule.
13The bill provides for the implementation of a public
14awareness and notification period by the department of public
15health to promote awareness of the provisions of the bill
16and to allow time for a biological parent to file a contact
17preference and medical history form. The bill provides that
18an adult adopted person or an entitled person may submit
19an application for a noncertified copy of an adult adopted
20person’s certificate of birth if the adult adopted person, who
21is the subject of the application, was born before January
221, 1971; and provides that beginning January 1, 2022, an
23adult adopted person or an entitled person may apply for a
24noncertified copy of an adult adopted person’s certificate of
25birth, notwithstanding the date of birth of the adult adopted
26person who is the subject of the application.
27The bill includes conforming changes in the Code. The
28bill provides an exception to the provisions and penalties
29relating to the opening of papers and records pertaining to a
30termination of parental rights or an adoption, to allow for
31access to the original certificate of birth consistent with the
32bill.
33The bill includes effective date provisions relating
34to implementation of the public awareness and notification
35period and to the submission of an application to obtain a
-10-1noncertified copy of an adopted person’s original certificate
2of birth if the person was born before January 1, 1971.
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