Iowa-2017-HF2157-Introduced
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:
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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 one certification certified copy of
4 24 any adoption decree to the state registrar of vital statistics
4 25 to prepare a certificate of adoption birth as prescribed in
4 26 section 144.19 to the state registrar of vital statistics at no
4 27 charge. Upon receipt of the certification certified 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 11 All With 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.
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