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House File 119 - IntroducedA Bill ForAn Act 1relating to the obtaining of 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 2017, 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.
-1- 1b. The adult adopted person shall file a written application
2along with proof of identification with the state registrar
3requesting a noncertified copy of the original certificate of
4birth.
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.”
23(2) “I would prefer to be contacted only through an
24intermediary. I have completed this contact preference form
25and am filing the form with the state registrar.”
26(3) “I do not want to be contacted. I may change this
27preference by filling out another contact preference form. I
28have completed this contact preference form and am filing the
29form with the state registrar.”
30b. The contact preference form shall be provided to the
31biological parent in accordance with section 600A.4.
32c. Upon receipt of a completed contact preference form, the
33state registrar shall attach the completed form to the original
34certificate of birth.
353. The state registrar shall adopt rules pursuant to chapter
-2-117A to administer this section including rules relating to all
2of the following:
3a. Establishment of fees pursuant to section 144.46 for
4issuance of the noncertified copy of the original certificate
5of birth under this section.
6b. The application form and proof of identification
7requirements relative to application for a noncertified copy of
8an original certificate of birth.
9c. The contact preference form.
10 Sec. 3. Section 600.13, subsection 5, Code 2017, is amended
11to read as follows:
125. An interlocutory or a final adoption decree shall be
13entered with the clerk of court. Such decree shall set forth
14any facts of the adoption petition which have been proven to
15the satisfaction of the juvenile court or court and any other
16facts considered to be relevant by the juvenile court or court
17and shall grant the adoption petition. If so designated in
18the adoption decree, the name of the adopted person shall be
19changed by issuance of that decree. The clerk of the court
20shall, within thirty days of issuance, deliver one certified
21copy of any adoption decree to the petitioner, one copy of any
22adoption decree to the department and any agency or person
23making an independent placement who placed a minor person for
24adoption, and one certification certified copy of any adoption
25decree to the state registrar of vital statistics to prepare
26a certificate of adoption as prescribed in section 144.19 to
27the state registrar of vital statistics. Upon receipt of
28the certification certified copy of the adoption decree, the
29state registrar shall prepare a new birth certificate pursuant
30to section 144.23 and deliver to the parents named in the
31decree and any adult person adopted by the decree a copy of
32the new birth certificate. The parents shall pay the fee
33prescribed in section 144.46. Upon receipt of the certified
34copy of the adoption decree, the state registrar shall also
35attach a copy of any contact preference form included with
-3-1the certified copy to the original certificate of birth for
2the purposes of section 144.24A. If the person adopted was
3born outside this state but in the United States, the state
4registrar shall forward the certification of adoption to the
5appropriate agency in the state of birth. A copy of any
6interlocutory adoption decree vacation shall be delivered and
7another birth certificate shall be prepared in the same manner
8as a certification of adoption is delivered and the birth
9certificate was originally prepared.
10 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph
111, Code 2017, is amended to read as follows:
12All With the exception of access to the original certificate
13of birth as provided in section 144.24A, all of the papers and
14records pertaining to a termination of parental rights under
15chapter 600A and to an adoption shall not be open to inspection
16and the identity of the biological parents of an adopted
17person shall not be revealed except under any of the following
18circumstances:
19 Sec. 5. Section 600A.4, subsection 2, Code 2017, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. 0f. Shall be accompanied by a contact
22preference form completed by the biological parent of the
23person to be adopted and attached to the original certificate
24of birth as provided in section 144.24A. The contact
25preference form shall be attached to any termination of
26parental rights order issued pursuant to section 600A.9.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill provides for access to an adult adopted person’s
31original certificate of birth.
32The bill provides that an adult adopted person who was
33born in this state and whose original certificate of birth
34was substituted with a new certificate of birth based upon
35the adoption, may obtain a noncertified copy of the person’s
-4-1original certificate of birth as specified in the bill.
2These specifications include that the adult adopted person
3is at least 18 years of age at the time the application is
4filed and that the adult adopted person must file a written
5application along with proof of identification with the state
6registrar. Upon receipt of the written application and proof
7of identification and payment of a fee, the state registrar
8shall issue a noncertified copy of the original certificate
9of birth to the applicant. At the time of such issuance, the
10state registrar must also provide to the applicant any contact
11preference form completed and submitted to the state registrar.
12The contact preference form, developed by the state registrar,
13is a form to be completed and submitted by the biological
14parent stating a preference regarding contact by an adult
15adopted person following application for and issuance of the
16noncertified copy of the original certificate of birth. The
17preferences available to the biological parent include a choice
18of one of the following: (1) “I would like to be contacted.
19I have completed this contact preference form and am filing
20the form with the state registrar.” (2) “I would prefer to be
21contacted only through an intermediary. I have completed this
22contact preference form and am filing the form with the state
23registrar.” (3) “I do not want to be contacted. I may change
24this preference by filling out another contact preference form.
25I have completed this contact preference form and am filing the
26form with the state registrar.” The contact preference form
27is to be provided to an individual who is in the process of
28terminating parental rights and is to be attached to a release
29of custody and the termination of parental rights order, which
30in turn is attached to the adoption petition and the adoption
31decree. A certified copy of the adoption decree, including any
32copy of the contact preference form, is to be sent to the state
33registrar for the purpose of, in addition to the preparation
34of a new birth certificate, attaching the contact preference
35form to the original certificate of birth. The bill directs
-5-1the state registrar to adopt rules pursuant to Code chapter
217A to administer the provisions of the bill including rules
3relating to fees for issuance of the noncertified copy of the
4original certificate of birth, the application form and proof
5of identification requirements relative to application for a
6noncertified copy of an original certificate of birth, and
7the contact preference form. Fees established are subject to
8Code section 144.46 including provisions requiring that fees
9collected are to be deposited in the general fund of the state
10and the vital records fund in accordance with an apportionment
11established by rule.
12The bill includes conforming changes in the Code. The
13bill provides an exception to the provisions and penalties
14relating to the opening of papers and records pertaining to a
15termination of parental rights or an adoption, to allow for
16access to the original certificate of birth by an adult adopted
17person.
-6-pf/nh
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 2017, 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.
-1- 1b. The adult adopted person shall file a written application
2along with proof of identification with the state registrar
3requesting a noncertified copy of the original certificate of
4birth.
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.”
23(2) “I would prefer to be contacted only through an
24intermediary. I have completed this contact preference form
25and am filing the form with the state registrar.”
26(3) “I do not want to be contacted. I may change this
27preference by filling out another contact preference form. I
28have completed this contact preference form and am filing the
29form with the state registrar.”
30b. The contact preference form shall be provided to the
31biological parent in accordance with section 600A.4.
32c. Upon receipt of a completed contact preference form, the
33state registrar shall attach the completed form to the original
34certificate of birth.
353. The state registrar shall adopt rules pursuant to chapter
-2-117A to administer this section including rules relating to all
2of the following:
3a. Establishment of fees pursuant to section 144.46 for
4issuance of the noncertified copy of the original certificate
5of birth under this section.
6b. The application form and proof of identification
7requirements relative to application for a noncertified copy of
8an original certificate of birth.
9c. The contact preference form.
10 Sec. 3. Section 600.13, subsection 5, Code 2017, is amended
11to read as follows:
125. An interlocutory or a final adoption decree shall be
13entered with the clerk of court. Such decree shall set forth
14any facts of the adoption petition which have been proven to
15the satisfaction of the juvenile court or court and any other
16facts considered to be relevant by the juvenile court or court
17and shall grant the adoption petition. If so designated in
18the adoption decree, the name of the adopted person shall be
19changed by issuance of that decree. The clerk of the court
20shall, within thirty days of issuance, deliver one certified
21copy of any adoption decree to the petitioner, one copy of any
22adoption decree to the department and any agency or person
23making an independent placement who placed a minor person for
24adoption, and one certification certified copy of any adoption
25decree to the state registrar of vital statistics to prepare
26a certificate of adoption as prescribed in section 144.19 to
27the state registrar of vital statistics. Upon receipt of
28the certification certified copy of the adoption decree, the
29state registrar shall prepare a new birth certificate pursuant
30to section 144.23 and deliver to the parents named in the
31decree and any adult person adopted by the decree a copy of
32the new birth certificate. The parents shall pay the fee
33prescribed in section 144.46. Upon receipt of the certified
34copy of the adoption decree, the state registrar shall also
35attach a copy of any contact preference form included with
-3-1the certified copy to the original certificate of birth for
2the purposes of section 144.24A. If the person adopted was
3born outside this state but in the United States, the state
4registrar shall forward the certification of adoption to the
5appropriate agency in the state of birth. A copy of any
6interlocutory adoption decree vacation shall be delivered and
7another birth certificate shall be prepared in the same manner
8as a certification of adoption is delivered and the birth
9certificate was originally prepared.
10 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph
111, Code 2017, is amended to read as follows:
12All With the exception of access to the original certificate
13of birth as provided in section 144.24A, all of the papers and
14records pertaining to a termination of parental rights under
15chapter 600A and to an adoption shall not be open to inspection
16and the identity of the biological parents of an adopted
17person shall not be revealed except under any of the following
18circumstances:
19 Sec. 5. Section 600A.4, subsection 2, Code 2017, is amended
20by adding the following new paragraph:
21 NEW PARAGRAPH. 0f. Shall be accompanied by a contact
22preference form completed by the biological parent of the
23person to be adopted and attached to the original certificate
24of birth as provided in section 144.24A. The contact
25preference form shall be attached to any termination of
26parental rights order issued pursuant to section 600A.9.
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill provides for access to an adult adopted person’s
31original certificate of birth.
32The bill provides that an adult adopted person who was
33born in this state and whose original certificate of birth
34was substituted with a new certificate of birth based upon
35the adoption, may obtain a noncertified copy of the person’s
-4-1original certificate of birth as specified in the bill.
2These specifications include that the adult adopted person
3is at least 18 years of age at the time the application is
4filed and that the adult adopted person must file a written
5application along with proof of identification with the state
6registrar. Upon receipt of the written application and proof
7of identification and payment of a fee, the state registrar
8shall issue a noncertified copy of the original certificate
9of birth to the applicant. At the time of such issuance, the
10state registrar must also provide to the applicant any contact
11preference form completed and submitted to the state registrar.
12The contact preference form, developed by the state registrar,
13is a form to be completed and submitted by the biological
14parent stating a preference regarding contact by an adult
15adopted person following application for and issuance of the
16noncertified copy of the original certificate of birth. The
17preferences available to the biological parent include a choice
18of one of the following: (1) “I would like to be contacted.
19I have completed this contact preference form and am filing
20the form with the state registrar.” (2) “I would prefer to be
21contacted only through an intermediary. I have completed this
22contact preference form and am filing the form with the state
23registrar.” (3) “I do not want to be contacted. I may change
24this preference by filling out another contact preference form.
25I have completed this contact preference form and am filing the
26form with the state registrar.” The contact preference form
27is to be provided to an individual who is in the process of
28terminating parental rights and is to be attached to a release
29of custody and the termination of parental rights order, which
30in turn is attached to the adoption petition and the adoption
31decree. A certified copy of the adoption decree, including any
32copy of the contact preference form, is to be sent to the state
33registrar for the purpose of, in addition to the preparation
34of a new birth certificate, attaching the contact preference
35form to the original certificate of birth. The bill directs
-5-1the state registrar to adopt rules pursuant to Code chapter
217A to administer the provisions of the bill including rules
3relating to fees for issuance of the noncertified copy of the
4original certificate of birth, the application form and proof
5of identification requirements relative to application for a
6noncertified copy of an original certificate of birth, and
7the contact preference form. Fees established are subject to
8Code section 144.46 including provisions requiring that fees
9collected are to be deposited in the general fund of the state
10and the vital records fund in accordance with an apportionment
11established by rule.
12The bill includes conforming changes in the Code. The
13bill provides an exception to the provisions and penalties
14relating to the opening of papers and records pertaining to a
15termination of parental rights or an adoption, to allow for
16access to the original certificate of birth by an adult adopted
17person.
-6-pf/nh