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Senate File 187 - IntroducedA Bill ForAn Act 1relating to the addition of biological parent
2information of an adult adopted person through amendment of
3an original certificate of birth, and providing fees.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 144.23A Biological parent
2information — amendment of original certificate of birth.
31. Notwithstanding whether an original certificate of
4birth is substituted with a new certificate of birth pursuant
5to section 144.24 following adoption of the subject of the
6original certificate of birth, whether a new certificate
7of birth is issued to show that a person for whom the new
8certificate is requested has been legitimated or that paternity
9of that person has been determined pursuant to section 144.23,
10or whether a new certificate of birth is issued to show
11paternity pursuant to section 144.40 if paternity is not shown
12on the original certificate of birth, an adopted person who is
13the subject of the original certificate of birth, who was born
14in this state, who is at least eighteen years of age at the time
15the application is filed, and whose original certificate of
16birth was substituted with a new certificate of birth pursuant
17to section 144.24 based upon the adoption, may apply to the
18state registrar to amend that original certificate of birth to
19include the name on the original certificate of birth of an
20omitted biological parent in accordance with this section.
212. Prior to amending an original certificate of birth as
22provided in subsection 1, all of the following requirements
23shall be met:
24a. The adopted person shall file a written application,
25in the form and manner prescribed by the state registrar
26along with proof of identification, with the state registrar
27consenting to the adopted person’s original certificate
28of birth being amended to include the name of an omitted
29biological parent.
30b. The state registrar shall obtain one of the following
31regarding the person whose name is to be added as a biological
32parent:
33(1) If the person whose name is to be added as a biological
34parent is living, the state registrar shall obtain from the
35person a sworn affidavit along with substantiating evidence
-1-1attesting that the person is a biological parent of the subject
2of the original certificate of birth and that the name to be
3added is that of the biological parent that was omitted from
4the original certificate of birth.
5(2) If the person whose name is to be added as a biological
6parent is deceased, the state registrar shall obtain from
7the personal representative or successor of the estate of
8the person, from the trustee of the trust of the person,
9or from a relative of the person a sworn affidavit along
10with substantiating evidence, attesting that the person is a
11biological parent of the subject of the original certificate of
12birth and that the name to be added is that of the biological
13parent that was omitted from the original certificate of birth.
143. An amended original certificate of birth registered
15under this section shall be marked “amended” as provided in
16section 144.38. A summary statement of the evidence submitted
17in support of the amended original certificate of birth shall
18be endorsed on the certificate.
194. If an original certificate of birth is amended under
20this section, an adopted person as described in section
21144.24A or an entitled person as defined in section 144.24A,
22may apply for and obtain a noncertified copy of the amended
23original certificate of birth subject to compliance with the
24requirements for applying for and obtaining a noncertified copy
25of an original certificate of birth under section 144.24A.
265. The state registrar shall adopt rules pursuant to chapter
2717A to administer this section including rules relating to all
28of the following:
29a. The establishment, collection, and deposit of fees
30in accordance with section 144.46 for the preparation and
31registration of an amended original certificate of birth and
32for issuance of a noncertified copy of an amended original
33certificate of birth under this section. The fee established
34for issuance of a noncertified copy of an amended original
35certificate of birth shall not exceed the fee established for
-2-1issuance of a certified copy of a certificate of birth.
2b. The consent and affidavit forms, the proof of
3identification requirements relative to provision of consent by
4the subject of an original certificate of birth to amendment
5of the original certificate of birth, and the evidentiary
6requirements to substantiate that a person is an omitted
7biological parent of the subject of the original certificate of
8birth.
96. For the purposes of this section:
10a. “Personal representative” means the same as defined in
11section 633.3.
12b. “Relative” means any of the following:
13(1) A person related to the person whose name is to be
14added on the original certificate of birth as a biological
15parent, by consanguinity or affinity within the second degree
16as determined by common law.
17(2) A lineal descendent, by consanguinity or affinity,
18of the person whose name is to be added to the original
19certificate of birth as a biological parent, including legally
20adopted children and biological children, stepchildren,
21grandchildren, great-grandchildren, and any other lineal
22descendent of such individual.
23c. “Successor” means the same as defined in section 633.356.
24d. “Trustee” means the same as defined in section 633.3.
25 Sec. 2. Section 144.24, subsection 2, Code 2023, is amended
26to read as follows:
272. Following substitution of the original certificate of
28birth with a new certificate of birth, the original certificate
29and the evidence of adoption, paternity, legitimation, or sex
30change shall not be subject to inspection except under order of
31a court of competent jurisdiction, including but not limited
32to an order issued pursuant to section 600.16A, as provided in
33section 144.23A or 144.24A, or as provided by administrative
34rule for statistical or administrative purposes only.
35 Sec. 3. Section 144.24A, Code 2023, is amended by adding the
-3-1following new subsection:
2 NEW SUBSECTION. 8. If an original certificate of birth
3is amended pursuant to section 144.23A, the adopted person or
4the entitled person who meets the requirements of this section
5may apply for and obtain a noncertified copy of the amended
6original certificate of birth of the adopted person who is
7the subject of the original certificate of birth subject to
8compliance with the requirements of this section relating to
9the issuance of a noncertified copy of an original certificate
10of birth.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill provides for the addition of biological parent
15information of an adult adopted person to an original
16certificate of birth through amendment of the original
17certificate of birth.
18The bill provides that notwithstanding whether an original
19certificate of birth is substituted with a new certificate
20of birth following adoption of the subject of the original
21certificate of birth, whether a new certificate of birth is
22issued to show that a person for whom the new certificate is
23requested has been legitimated or that paternity of that person
24has been determined, or whether a new certificate of birth
25is issued to show paternity if paternity is not shown on the
26original certificate of birth, an adopted person who is the
27subject of the original certificate of birth who was born in
28this state, who is at least 18 years of age at the time the
29application is filed, and whose original certificate of birth
30was substituted with a new certificate of birth pursuant to
31Code section 144.24 based upon the adoption, may apply to the
32state registrar to amend that original certificate of birth to
33include the name on that original certificate of birth of an
34omitted biological parent.
35The bill includes requirements that must be met prior
-4-1to amending an original certificate of birth under the
2bill including: the adopted person shall file a written
3application, along with proof of identification, with the
4state registrar consenting to the adopted person’s original
5certificate of birth being amended to include the name of an
6omitted biological parent; and the state registrar shall obtain
7an affidavit with substantiating evidence, from either the
8person whose name is to be added as a biological parent if
9that person is living or from a specified representative of
10that person if that person is deceased, attesting that the
11person whose name is to be added as a biological parent is a
12biological parent of the subject of the original certificate of
13birth and that the name to be added is that of the biological
14parent that was omitted from the original certificate of birth.
15An amended original certificate of birth registered under
16the bill shall be marked “amended” as provided under current
17law, and a summary statement of the evidence submitted in
18support of the amended original certificate of birth shall be
19endorsed on the certificate.
20If an original certificate of birth is amended under the
21bill, an adopted person as described in Code section 144.24A
22(access to original certificate of birth — application —
23contact preference form — medical history form — fees)
24or an entitled person as defined in Code section 144.24A
25may apply for and obtain a noncertified copy of the amended
26original certificate of birth subject to compliance with the
27requirements for applying for and obtaining a noncertified copy
28of an original certificate of birth under Code section 144.24A.
29The bill provides definitions for terms used in the bill
30including “personal representative”, “relative”, “successor”,
31and “trustee”.
32The bill directs the state registrar to adopt administrative
33rules relating to establishment, collection, and deposit of
34fees for preparation and registration of an amended original
35certificate of birth and for issuance of a noncertified copy
-5-1of an amended original certificate of birth; the consent and
2affidavit forms; the proof of identification requirements
3relative to the provision of consent by the subject of an
4original certificate of birth to amendment of the original
5certificate of birth; and the evidentiary requirements to
6substantiate that a person is an omitted biological parent of
7the subject of the original certificate of birth.
8The bill makes a conforming Code change to provide an
9exemption to provide that the original certificate of birth may
10be subject to inspection for the purposes of amendment under
11the bill.
12The bill also makes conforming changes in Code section
13144.24A to reflect the provisions of the bill relating
14to issuance of a noncertified copy of an amended original
15certificate of birth.
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2information of an adult adopted person through amendment of
3an original certificate of birth, and providing fees.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 144.23A Biological parent
2information — amendment of original certificate of birth.
31. Notwithstanding whether an original certificate of
4birth is substituted with a new certificate of birth pursuant
5to section 144.24 following adoption of the subject of the
6original certificate of birth, whether a new certificate
7of birth is issued to show that a person for whom the new
8certificate is requested has been legitimated or that paternity
9of that person has been determined pursuant to section 144.23,
10or whether a new certificate of birth is issued to show
11paternity pursuant to section 144.40 if paternity is not shown
12on the original certificate of birth, an adopted person who is
13the subject of the original certificate of birth, who was born
14in this state, who is at least eighteen years of age at the time
15the application is filed, and whose original certificate of
16birth was substituted with a new certificate of birth pursuant
17to section 144.24 based upon the adoption, may apply to the
18state registrar to amend that original certificate of birth to
19include the name on the original certificate of birth of an
20omitted biological parent in accordance with this section.
212. Prior to amending an original certificate of birth as
22provided in subsection 1, all of the following requirements
23shall be met:
24a. The adopted person shall file a written application,
25in the form and manner prescribed by the state registrar
26along with proof of identification, with the state registrar
27consenting to the adopted person’s original certificate
28of birth being amended to include the name of an omitted
29biological parent.
30b. The state registrar shall obtain one of the following
31regarding the person whose name is to be added as a biological
32parent:
33(1) If the person whose name is to be added as a biological
34parent is living, the state registrar shall obtain from the
35person a sworn affidavit along with substantiating evidence
-1-1attesting that the person is a biological parent of the subject
2of the original certificate of birth and that the name to be
3added is that of the biological parent that was omitted from
4the original certificate of birth.
5(2) If the person whose name is to be added as a biological
6parent is deceased, the state registrar shall obtain from
7the personal representative or successor of the estate of
8the person, from the trustee of the trust of the person,
9or from a relative of the person a sworn affidavit along
10with substantiating evidence, attesting that the person is a
11biological parent of the subject of the original certificate of
12birth and that the name to be added is that of the biological
13parent that was omitted from the original certificate of birth.
143. An amended original certificate of birth registered
15under this section shall be marked “amended” as provided in
16section 144.38. A summary statement of the evidence submitted
17in support of the amended original certificate of birth shall
18be endorsed on the certificate.
194. If an original certificate of birth is amended under
20this section, an adopted person as described in section
21144.24A or an entitled person as defined in section 144.24A,
22may apply for and obtain a noncertified copy of the amended
23original certificate of birth subject to compliance with the
24requirements for applying for and obtaining a noncertified copy
25of an original certificate of birth under section 144.24A.
265. The state registrar shall adopt rules pursuant to chapter
2717A to administer this section including rules relating to all
28of the following:
29a. The establishment, collection, and deposit of fees
30in accordance with section 144.46 for the preparation and
31registration of an amended original certificate of birth and
32for issuance of a noncertified copy of an amended original
33certificate of birth under this section. The fee established
34for issuance of a noncertified copy of an amended original
35certificate of birth shall not exceed the fee established for
-2-1issuance of a certified copy of a certificate of birth.
2b. The consent and affidavit forms, the proof of
3identification requirements relative to provision of consent by
4the subject of an original certificate of birth to amendment
5of the original certificate of birth, and the evidentiary
6requirements to substantiate that a person is an omitted
7biological parent of the subject of the original certificate of
8birth.
96. For the purposes of this section:
10a. “Personal representative” means the same as defined in
11section 633.3.
12b. “Relative” means any of the following:
13(1) A person related to the person whose name is to be
14added on the original certificate of birth as a biological
15parent, by consanguinity or affinity within the second degree
16as determined by common law.
17(2) A lineal descendent, by consanguinity or affinity,
18of the person whose name is to be added to the original
19certificate of birth as a biological parent, including legally
20adopted children and biological children, stepchildren,
21grandchildren, great-grandchildren, and any other lineal
22descendent of such individual.
23c. “Successor” means the same as defined in section 633.356.
24d. “Trustee” means the same as defined in section 633.3.
25 Sec. 2. Section 144.24, subsection 2, Code 2023, is amended
26to read as follows:
272. Following substitution of the original certificate of
28birth with a new certificate of birth, the original certificate
29and the evidence of adoption, paternity, legitimation, or sex
30change shall not be subject to inspection except under order of
31a court of competent jurisdiction, including but not limited
32to an order issued pursuant to section 600.16A, as provided in
33section 144.23A or 144.24A, or as provided by administrative
34rule for statistical or administrative purposes only.
35 Sec. 3. Section 144.24A, Code 2023, is amended by adding the
-3-1following new subsection:
2 NEW SUBSECTION. 8. If an original certificate of birth
3is amended pursuant to section 144.23A, the adopted person or
4the entitled person who meets the requirements of this section
5may apply for and obtain a noncertified copy of the amended
6original certificate of birth of the adopted person who is
7the subject of the original certificate of birth subject to
8compliance with the requirements of this section relating to
9the issuance of a noncertified copy of an original certificate
10of birth.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
14This bill provides for the addition of biological parent
15information of an adult adopted person to an original
16certificate of birth through amendment of the original
17certificate of birth.
18The bill provides that notwithstanding whether an original
19certificate of birth is substituted with a new certificate
20of birth following adoption of the subject of the original
21certificate of birth, whether a new certificate of birth is
22issued to show that a person for whom the new certificate is
23requested has been legitimated or that paternity of that person
24has been determined, or whether a new certificate of birth
25is issued to show paternity if paternity is not shown on the
26original certificate of birth, an adopted person who is the
27subject of the original certificate of birth who was born in
28this state, who is at least 18 years of age at the time the
29application is filed, and whose original certificate of birth
30was substituted with a new certificate of birth pursuant to
31Code section 144.24 based upon the adoption, may apply to the
32state registrar to amend that original certificate of birth to
33include the name on that original certificate of birth of an
34omitted biological parent.
35The bill includes requirements that must be met prior
-4-1to amending an original certificate of birth under the
2bill including: the adopted person shall file a written
3application, along with proof of identification, with the
4state registrar consenting to the adopted person’s original
5certificate of birth being amended to include the name of an
6omitted biological parent; and the state registrar shall obtain
7an affidavit with substantiating evidence, from either the
8person whose name is to be added as a biological parent if
9that person is living or from a specified representative of
10that person if that person is deceased, attesting that the
11person whose name is to be added as a biological parent is a
12biological parent of the subject of the original certificate of
13birth and that the name to be added is that of the biological
14parent that was omitted from the original certificate of birth.
15An amended original certificate of birth registered under
16the bill shall be marked “amended” as provided under current
17law, and a summary statement of the evidence submitted in
18support of the amended original certificate of birth shall be
19endorsed on the certificate.
20If an original certificate of birth is amended under the
21bill, an adopted person as described in Code section 144.24A
22(access to original certificate of birth — application —
23contact preference form — medical history form — fees)
24or an entitled person as defined in Code section 144.24A
25may apply for and obtain a noncertified copy of the amended
26original certificate of birth subject to compliance with the
27requirements for applying for and obtaining a noncertified copy
28of an original certificate of birth under Code section 144.24A.
29The bill provides definitions for terms used in the bill
30including “personal representative”, “relative”, “successor”,
31and “trustee”.
32The bill directs the state registrar to adopt administrative
33rules relating to establishment, collection, and deposit of
34fees for preparation and registration of an amended original
35certificate of birth and for issuance of a noncertified copy
-5-1of an amended original certificate of birth; the consent and
2affidavit forms; the proof of identification requirements
3relative to the provision of consent by the subject of an
4original certificate of birth to amendment of the original
5certificate of birth; and the evidentiary requirements to
6substantiate that a person is an omitted biological parent of
7the subject of the original certificate of birth.
8The bill makes a conforming Code change to provide an
9exemption to provide that the original certificate of birth may
10be subject to inspection for the purposes of amendment under
11the bill.
12The bill also makes conforming changes in Code section
13144.24A to reflect the provisions of the bill relating
14to issuance of a noncertified copy of an amended original
15certificate of birth.
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