Bill Text: IA HF2157 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to access to a copy of an original birth certificate by an adult adoptee, and providing for fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2018-01-31 - Introduced, referred to State Government. H.J. 176. [HF2157 Detail]
Download: Iowa-2017-HF2157-Introduced.html
House File 2157 - Introduced HOUSE FILE BY SALMON A BILL FOR 1 An Act relating to access to 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 5922YH (4) 87 pf/rh PAG LIN 1 1 Section 1. Section 144.24, Code 2018, 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 on a form and in the manner prescribed by the state registrar 2 3 with the state registrar requesting a noncertified copy of the 2 4 original certificate of 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. I may change this preference by filing a subsequent 2 23 contact preference form with the state registrar." 2 24 (2) "I would prefer to be contacted only through an 2 25 intermediary. I would like the following named individual 2 26 or entity to act as an intermediary. I have completed this 2 27 contact preference form and am filing the form with the state 2 28 registrar. I may change this preference by filing a subsequent 2 29 contact preference form with the state registrar." 2 30 (3) "I do not want to be contacted; however, my personally 2 31 identifiable information may be released if requested in 2 32 accordance with Iowa Code section 144.24A. I have completed 2 33 this contact preference form and am filing the form with the 2 34 state registrar. I may change this preference by filing a 2 35 subsequent contact preference form with the state registrar." 3 1 (4) "I request that all personally identifiable information 3 2 related to me be redacted from the original birth certificate. 3 3 I have completed this contact preference form and am filing the 3 4 form with the state registrar. I may change this preference 3 5 by filing a subsequent contact preference form with the state 3 6 registrar." 3 7 b. The contact preference form shall be provided to the 3 8 biological parent in accordance with section 600A.4. 3 9 c. Upon receipt of a completed contact preference form, the 3 10 state registrar shall attach the completed form to the original 3 11 certificate of birth. 3 12 3. Notwithstanding the provisions of subsection 2, in the 3 13 case of an adult person who was adopted prior to July 1, 2018, 3 14 the following shall apply: 3 15 a. A biological parent may submit a contact preference 3 16 form as specified in subsection 2 to the state registrar on or 3 17 before June 30, 2020. 3 18 b. On or after July 1, 2020, the adult adopted person 3 19 may apply for a noncertified copy of the person's original 3 20 certificate of birth and any contact preference form in 3 21 accordance with this section. 3 22 (1) If a contact preference form is submitted by a 3 23 biological parent on or before June 30, 2020, the adult adopted 3 24 person may obtain a noncertified copy of the person's original 3 25 certificate of birth and any contact preference form in 3 26 accordance with this section. 3 27 (2) If a contact preference form is not submitted by a 3 28 biological parent on or before June 30, 2020, the adult adopted 3 29 person's original certificate of birth shall remain sealed and 3 30 shall only be subject to inspection under order of a court of 3 31 competent jurisdiction, including an order issued pursuant to 3 32 section 600.16A, or as provided by administrative rule for 3 33 statistical or administrative purposes. 3 34 4. The state registrar shall adopt rules pursuant to chapter 3 35 17A to administer this section including rules relating to all 4 1 of the following: 4 2 a. Establishment of fees pursuant to section 144.46 for 4 3 issuance of the noncertified copy of the original certificate 4 4 of birth under this section. 4 5 b. The application form and proof of identification 4 6 requirements relative to application for a noncertified copy of 4 7 an original certificate of birth. 4 8 c. The contact preference form. 4 9 Sec. 3. Section 600.13, subsection 5, Code 2018, is amended 4 10 to read as follows: 4 11 5. An interlocutory or a final adoption decree shall be 4 12 entered with the clerk of court. Such decree shall set forth 4 13 any facts of the adoption petition which have been proven to 4 14 the satisfaction of the juvenile court or court and any other 4 15 facts considered to be relevant by the juvenile court or court 4 16 and shall grant the adoption petition. If so designated in 4 17 the adoption decree, the name of the adopted person shall be 4 18 changed by issuance of that decree. The clerk of the court 4 19 shall, within thirty days of issuance, deliver one certified 4 20 copy of any adoption decree to the petitioner, at no charge, 4 21 one copy of any adoption decree to the department and any 4 22 adoption service provider who placed a minor person for 4 23 adoption, at no charge, and onecertificationcertified copy of 4 24 any adoption decree to the state registrar of vital statistics 4 25 to prepare a certificate ofadoptionbirth as prescribed in 4 26 section 144.19to the state registrar of vital statistics at no 4 27 charge. Upon receipt of thecertificationcertified copy of 4 28 the adoption decree, the state registrar shall prepare a new 4 29 birth certificate pursuant to section 144.23 and deliver to the 4 30 parents named in the decree and any adult person adopted by the 4 31 decree a copy of the new birth certificate. The parents shall 4 32 pay the fee prescribed in section 144.46. Upon receipt of the 4 33 certified copy of the adoption decree, the state registrar 4 34 shall also attach a copy of any contact preference form 4 35 included with the certified copy to the original certificate 5 1 of birth for the purposes of section 144.24A. If the person 5 2 adopted was born outside this state but in the United States, 5 3 the state registrar shall forward the certification of adoption 5 4 to the appropriate agency in the state of birth. A copy of any 5 5 interlocutory adoption decree vacation shall be delivered and 5 6 another birth certificate shall be prepared in the same manner 5 7 as a certification of adoption is delivered and the birth 5 8 certificate was originally prepared. 5 9 Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph 5 10 1, Code 2018, is amended to read as follows: 5 11AllWith the exception of access to the original certificate 5 12 of birth as provided in section 144.24A, all of the papers and 5 13 records pertaining to a termination of parental rights under 5 14 chapter 600A and to an adoption shall not be open to inspection 5 15 and the identity of the biological parents of an adopted 5 16 person shall not be revealed except under any of the following 5 17 circumstances: 5 18 Sec. 5. Section 600A.4, subsection 2, Code 2018, is amended 5 19 by adding the following new paragraph: 5 20 NEW PARAGRAPH. 0f. Shall be accompanied by a contact 5 21 preference form completed by the biological parent of the 5 22 person to be adopted and attached to the original certificate 5 23 of birth as provided in section 144.24A. The contact 5 24 preference form shall be attached to any termination of 5 25 parental rights order issued pursuant to section 600A.9. 5 26 EXPLANATION 5 27 The inclusion of this explanation does not constitute agreement with 5 28 the explanation's substance by the members of the general assembly. 5 29 This bill provides for access to an adult adopted person's 5 30 original certificate of birth. 5 31 The bill provides that an adult adopted person who was 5 32 born in this state and whose original certificate of birth 5 33 was substituted with a new certificate of birth based upon 5 34 the adoption, may obtain a noncertified copy of the person's 5 35 original certificate of birth as specified in the bill. 6 1 These specifications include that the adult adopted person 6 2 is at least 18 years of age at the time the application is 6 3 filed and that the adult adopted person must file a written 6 4 application with the state registrar. Upon receipt of the 6 5 written application and proof of identification and payment of 6 6 a fee, the state registrar of vital statistics shall issue a 6 7 noncertified copy of the original certificate of birth to the 6 8 applicant. At the time of such issuance, the state registrar 6 9 must also provide to the applicant any contact preference form 6 10 completed and submitted to the state registrar. The contact 6 11 preference form, developed by the state registrar, is a form 6 12 to be completed and submitted by the biological parent stating 6 13 a preference regarding contact by an adult adopted person 6 14 following application for and issuance of the noncertified 6 15 copy of the original certificate of birth. The preferences 6 16 available to the biological parent include a choice of one of 6 17 the following: (1) "I would like to be contacted. I have 6 18 completed this contact preference form and am filing the form 6 19 with the state registrar. I may change this preference by 6 20 filing a subsequent contact preference form with the state 6 21 registrar." (2) "I would prefer to be contacted only through 6 22 an intermediary. I would like the following named individual 6 23 or entity to act as an intermediary. I have completed this 6 24 contact preference form and am filing the form with the 6 25 state registrar. I may change this preference by filing a 6 26 subsequent contact preference form with the state registrar." 6 27 (3) "I do not want to be contacted; however, my personally 6 28 identifiable information may be released if requested in 6 29 accordance with Iowa Code section 144.24A. I have completed 6 30 this contact preference form and am filing the form with the 6 31 state registrar. I may change this preference by filing a 6 32 subsequent contact preference form with the state registrar." 6 33 (4) "I request that all personally identifiable information 6 34 related to me be redacted from the original birth certificate. 6 35 I have completed this contact preference form and am filing the 7 1 form with the state registrar. I may change this preference 7 2 by filing a subsequent contact preference form with the state 7 3 registrar." The contact preference form is to be provided to 7 4 an individual who is in the process of terminating parental 7 5 rights and is to be attached to a release of custody and 7 6 the termination of parental rights order, which in turn is 7 7 attached to the adoption petition and the adoption decree. 7 8 A certified copy of the adoption decree, including any copy 7 9 of the contact preference form, is to be sent to the state 7 10 registrar for the purpose of, in addition to the preparation 7 11 of a new birth certificate, attaching the contact preference 7 12 form to the original certificate of birth. The bill directs 7 13 the state registrar to adopt rules pursuant to Code chapter 7 14 17A to administer the provisions of the bill including rules 7 15 relating to fees for issuance of the noncertified copy of the 7 16 original certificate of birth, the application form and proof 7 17 of identification requirements relative to application for a 7 18 noncertified copy of an original certificate of birth, and 7 19 the contact preference form. Fees established are subject to 7 20 Code section 144.46 including provisions requiring that fees 7 21 collected are to be deposited in the general fund of the state 7 22 and the vital records fund in accordance with an apportionment 7 23 established by rule. 7 24 The bill includes conforming changes in the Code. The 7 25 bill provides an exception to the provisions and penalties 7 26 relating to the opening of papers and records pertaining to a 7 27 termination of parental rights or an adoption, to allow for 7 28 access to the original certificate of birth by an adult adopted 7 29 person consistent with the bill. 7 30 Notwithstanding the provisions of the bill relating to the 7 31 preference form and the use of the preference form, the bill 7 32 provides that, relative to an adult person who was adopted 7 33 prior to July 1, 2018, when the bill takes effect, a biological 7 34 parent may submit a contact preference form to the state 7 35 registrar of vital statistics on or before June 30, 2020. On 8 1 or after July 1, 2020, the adult adopted person may apply for a 8 2 noncertified copy of the person's original certificate of birth 8 3 and any contact preference form in accordance with the bill. 8 4 If a contact preference form is submitted by a biological 8 5 parent on or before June 30, 2020, the adult adopted person may 8 6 obtain a noncertified copy of the person's original certificate 8 7 of birth and any contact preference form in accordance with the 8 8 bill. However, if a contact preference form is not submitted 8 9 by a biological parent on or before June 30, 2020, the adult 8 10 adopted person's original certificate of birth shall remain 8 11 sealed and shall only be subject to inspection as is provided 8 12 in the law prior to July 1, 2018, which provides that an adult 8 13 adopted person's original certificate of birth shall only be 8 14 subject to inspection under order of a court of competent 8 15 jurisdiction, including an order issued pursuant to Code 8 16 section 600.16A, or as provided by administrative rule for 8 17 statistical or administrative purposes. LSB 5922YH (4) 87 pf/rh
