Bill Text: IA HF119 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the obtaining of a copy of an original birth certificate by an adult adoptee, and providing for fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-26 - Introduced, referred to Human Resources. H.J. 127. [HF119 Detail]
Download: Iowa-2017-HF119-Introduced.html
House File 119 - Introduced HOUSE FILE BY WESSEL=KROESCHELL A BILL FOR 1 An Act relating to the obtaining of a copy of an original birth 2 certificate by an adult adoptee, and providing for fees. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2092YH (2) 87 pf/nh PAG LIN 1 1 Section 1. Section 144.24, Code 2017, is amended to read as 1 2 follows: 1 3 144.24 Substituting new for original birth certificates == 1 4 inspection. 1 5 1. If a new certificate of birth is established, the actual 1 6 place and date of birth shall be shown on the certificate. The 1 7 certificate shall be substituted for the original certificate 1 8 of birth.Thereafter,1 9 2. Following substitution of the original certificate of 1 10 birth with a new certificate of birth, the original certificate 1 11 and the evidence of adoption, paternity, legitimation, or sex 1 12 change shall not be subject to inspection except under order of 1 13 a court of competent jurisdiction, including but not limited 1 14 to an order issued pursuant to section 600.16A, as provided 1 15 in section 144.24A, or as provided by administrative rule for 1 16 statistical or administrative purposes only.However,1 17 3. Notwithstanding subsection 2, the state registrar shall, 1 18 upon the application of an adult adopted person, a biological 1 19 parent, an adoptive parent, or the legal representative of the 1 20 adult adopted person, the biological parent, or the adoptive 1 21 parent, inspect the original certificate and the evidence of 1 22 adoption and reveal to the applicant the date of the adoption 1 23 and the name and address of the court which issued the adoption 1 24 decree. 1 25 Sec. 2. NEW SECTION. 144.24A Access to original birth 1 26 certificate ==== application ==== fees ==== contact preference form. 1 27 1. Notwithstanding any provision of law to the contrary, 1 28 an adult adopted person who was born in this state and whose 1 29 original certificate of birth was substituted with a new 1 30 certificate of birth pursuant to section 144.24 based upon the 1 31 adoption, may apply for and obtain a noncertified copy of the 1 32 persons' original certificate of birth in accordance with this 1 33 section. 1 34 a. The adult adopted person shall be at least eighteen years 1 35 of age at the time the application is filed. 2 1 b. The adult adopted person shall file a written application 2 2 along with proof of identification with the state registrar 2 3 requesting a noncertified copy of the original certificate of 2 4 birth. 2 5 c. Upon receipt of the written application and proof of 2 6 identification and payment of a fee, the state registrar shall 2 7 issue a noncertified copy of the original certificate of birth 2 8 to the applicant. At the time of such issuance, the state 2 9 registrar shall also provide to the applicant any contact 2 10 preference form completed and submitted to the state registrar 2 11 pursuant to subsection 2. 2 12 2. a. The state registrar shall develop a contact 2 13 preference form on which a biological parent may state a 2 14 preference regarding contact by an adult adopted person 2 15 following application for and issuance of the noncertified copy 2 16 of the original certificate of birth under this section. The 2 17 preferences available to the biological parent shall include 2 18 all of the following, from which the biological parent may 2 19 choose only one: 2 20 (1) "I would like to be contacted. I have completed this 2 21 contact preference form and am filing the form with the state 2 22 registrar." 2 23 (2) "I would prefer to be contacted only through an 2 24 intermediary. I have completed this contact preference form 2 25 and am filing the form with the state registrar." 2 26 (3) "I do not want to be contacted. I may change this 2 27 preference by filling out another contact preference form. I 2 28 have completed this contact preference form and am filing the 2 29 form with the state registrar." 2 30 b. The contact preference form shall be provided to the 2 31 biological parent in accordance with section 600A.4. 2 32 c. Upon receipt of a completed contact preference form, the 2 33 state registrar shall attach the completed form to the original 2 34 certificate of birth. 2 35 3. The state registrar shall adopt rules pursuant to chapter 3 1 17A to administer this section including rules relating to all 3 2 of the following: 3 3 a. Establishment of fees pursuant to section 144.46 for 3 4 issuance of the noncertified copy of the original certificate 3 5 of birth under this section. 3 6 b. The application form and proof of identification 3 7 requirements relative to application for a noncertified copy of 3 8 an original certificate of birth. 3 9 c. The contact preference form. 3 10 Sec. 3. Section 600.13, subsection 5, Code 2017, is amended 3 11 to read as follows: 3 12 5. An interlocutory or a final adoption decree shall be 3 13 entered with the clerk of court. Such decree shall set forth 3 14 any facts of the adoption petition which have been proven to 3 15 the satisfaction of the juvenile court or court and any other 3 16 facts considered to be relevant by the juvenile court or court 3 17 and shall grant the adoption petition. If so designated in 3 18 the adoption decree, the name of the adopted person shall be 3 19 changed by issuance of that decree. The clerk of the court 3 20 shall, within thirty days of issuance, deliver one certified 3 21 copy of any adoption decree to the petitioner, one copy of any 3 22 adoption decree to the department and any agency or person 3 23 making an independent placement who placed a minor person for 3 24 adoption, and onecertificationcertified copy of any adoption 3 25 decree to the state registrar of vital statistics to prepare 3 26 a certificate of adoption as prescribed in section 144.19to 3 27 the state registrar of vital statistics. Upon receipt of 3 28 thecertificationcertified copy of the adoption decree, the 3 29 state registrar shall prepare a new birth certificate pursuant 3 30 to section 144.23 and deliver to the parents named in the 3 31 decree and any adult person adopted by the decree a copy of 3 32 the new birth certificate. The parents shall pay the fee 3 33 prescribed in section 144.46. Upon receipt of the certified 3 34 copy of the adoption decree, the state registrar shall also 3 35 attach a copy of any contact preference form included with 4 1 the certified copy to the original certificate of birth for 4 2 the purposes of section 144.24A. If the person adopted was 4 3 born outside this state but in the United States, the state 4 4 registrar shall forward the certification of adoption to the 4 5 appropriate agency in the state of birth. A copy of any 4 6 interlocutory adoption decree vacation shall be delivered and 4 7 another birth certificate shall be prepared in the same manner 4 8 as a certification of adoption is delivered and the birth 4 9 certificate was originally prepared. 4 10 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph 4 11 1, Code 2017, is amended to read as follows: 4 12AllWith the exception of access to the original certificate 4 13 of birth as provided in section 144.24A, all of the papers and 4 14 records pertaining to a termination of parental rights under 4 15 chapter 600A and to an adoption shall not be open to inspection 4 16 and the identity of the biological parents of an adopted 4 17 person shall not be revealed except under any of the following 4 18 circumstances: 4 19 Sec. 5. Section 600A.4, subsection 2, Code 2017, is amended 4 20 by adding the following new paragraph: 4 21 NEW PARAGRAPH. 0f. Shall be accompanied by a contact 4 22 preference form completed by the biological parent of the 4 23 person to be adopted and attached to the original certificate 4 24 of birth as provided in section 144.24A. The contact 4 25 preference form shall be attached to any termination of 4 26 parental rights order issued pursuant to section 600A.9. 4 27 EXPLANATION 4 28 The inclusion of this explanation does not constitute agreement with 4 29 the explanation's substance by the members of the general assembly. 4 30 This bill provides for access to an adult adopted person's 4 31 original certificate of birth. 4 32 The bill provides that an adult adopted person who was 4 33 born in this state and whose original certificate of birth 4 34 was substituted with a new certificate of birth based upon 4 35 the adoption, may obtain a noncertified copy of the person's 5 1 original certificate of birth as specified in the bill. 5 2 These specifications include that the adult adopted person 5 3 is at least 18 years of age at the time the application is 5 4 filed and that the adult adopted person must file a written 5 5 application along with proof of identification with the state 5 6 registrar. Upon receipt of the written application and proof 5 7 of identification and payment of a fee, the state registrar 5 8 shall issue a noncertified copy of the original certificate 5 9 of birth to the applicant. At the time of such issuance, the 5 10 state registrar must also provide to the applicant any contact 5 11 preference form completed and submitted to the state registrar. 5 12 The contact preference form, developed by the state registrar, 5 13 is a form to be completed and submitted by the biological 5 14 parent stating a preference regarding contact by an adult 5 15 adopted person following application for and issuance of the 5 16 noncertified copy of the original certificate of birth. The 5 17 preferences available to the biological parent include a choice 5 18 of one of the following: (1) "I would like to be contacted. 5 19 I have completed this contact preference form and am filing 5 20 the form with the state registrar." (2) "I would prefer to be 5 21 contacted only through an intermediary. I have completed this 5 22 contact preference form and am filing the form with the state 5 23 registrar." (3) "I do not want to be contacted. I may change 5 24 this preference by filling out another contact preference form. 5 25 I have completed this contact preference form and am filing the 5 26 form with the state registrar." The contact preference form 5 27 is to be provided to an individual who is in the process of 5 28 terminating parental rights and is to be attached to a release 5 29 of custody and the termination of parental rights order, which 5 30 in turn is attached to the adoption petition and the adoption 5 31 decree. A certified copy of the adoption decree, including any 5 32 copy of the contact preference form, is to be sent to the state 5 33 registrar for the purpose of, in addition to the preparation 5 34 of a new birth certificate, attaching the contact preference 5 35 form to the original certificate of birth. The bill directs 6 1 the state registrar to adopt rules pursuant to Code chapter 6 2 17A to administer the provisions of the bill including rules 6 3 relating to fees for issuance of the noncertified copy of the 6 4 original certificate of birth, the application form and proof 6 5 of identification requirements relative to application for a 6 6 noncertified copy of an original certificate of birth, and 6 7 the contact preference form. Fees established are subject to 6 8 Code section 144.46 including provisions requiring that fees 6 9 collected are to be deposited in the general fund of the state 6 10 and the vital records fund in accordance with an apportionment 6 11 established by rule. 6 12 The bill includes conforming changes in the Code. The 6 13 bill provides an exception to the provisions and penalties 6 14 relating to the opening of papers and records pertaining to a 6 15 termination of parental rights or an adoption, to allow for 6 16 access to the original certificate of birth by an adult adopted 6 17 person. LSB 2092YH (2) 87 pf/nh