Bill Text: IA HF268 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to the addition of biological parent information of an adult adopted person through amendment of an original certificate of birth, and providing fees.(Formerly HF 60; See HF 720.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2023-05-01 - Withdrawn. H.J. 951. [HF268 Detail]
Download: Iowa-2023-HF268-Introduced.html
House
File
268
-
Introduced
HOUSE
FILE
268
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
60)
A
BILL
FOR
An
Act
relating
to
the
addition
of
biological
parent
1
information
of
an
adult
adopted
person
through
amendment
of
2
an
original
certificate
of
birth,
and
providing
fees.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
144.23A
Biological
parent
1
information
——
amendment
of
original
certificate
of
birth.
2
1.
Notwithstanding
whether
an
original
certificate
of
3
birth
is
substituted
with
a
new
certificate
of
birth
pursuant
4
to
section
144.24
following
adoption
of
the
subject
of
the
5
original
certificate
of
birth,
whether
a
new
certificate
6
of
birth
is
issued
to
show
that
a
person
for
whom
the
new
7
certificate
is
requested
has
been
legitimated
or
that
paternity
8
of
that
person
has
been
determined
pursuant
to
section
144.23,
9
or
whether
a
new
certificate
of
birth
is
issued
to
show
10
paternity
pursuant
to
section
144.40
if
paternity
is
not
shown
11
on
the
original
certificate
of
birth,
an
adopted
person
who
is
12
the
subject
of
the
original
certificate
of
birth,
who
was
born
13
in
this
state,
who
is
at
least
eighteen
years
of
age
at
the
time
14
the
application
is
filed,
and
whose
original
certificate
of
15
birth
was
substituted
with
a
new
certificate
of
birth
pursuant
16
to
section
144.24
based
upon
the
adoption,
may
apply
to
the
17
state
registrar
to
amend
that
original
certificate
of
birth
to
18
include
the
name
on
the
original
certificate
of
birth
of
an
19
omitted
biological
parent
in
accordance
with
this
section.
20
2.
Prior
to
amending
an
original
certificate
of
birth
as
21
provided
in
subsection
1,
all
of
the
following
requirements
22
shall
be
met:
23
a.
The
adopted
person
shall
file
a
written
application,
24
in
the
form
and
manner
prescribed
by
the
state
registrar
25
along
with
proof
of
identification,
with
the
state
registrar
26
consenting
to
the
adopted
person’s
original
certificate
27
of
birth
being
amended
to
include
the
name
of
an
omitted
28
biological
parent.
29
b.
The
state
registrar
shall
obtain
one
of
the
following
30
regarding
the
person
whose
name
is
to
be
added
as
a
biological
31
parent:
32
(1)
If
the
person
whose
name
is
to
be
added
as
a
biological
33
parent
is
living,
the
state
registrar
shall
obtain
from
the
34
person
a
sworn
affidavit
along
with
substantiating
evidence
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attesting
that
the
person
is
a
biological
parent
of
the
subject
1
of
the
original
certificate
of
birth
and
that
the
name
to
be
2
added
is
that
of
the
biological
parent
that
was
omitted
from
3
the
original
certificate
of
birth.
4
(2)
If
the
person
whose
name
is
to
be
added
as
a
biological
5
parent
is
deceased,
the
state
registrar
shall
obtain
from
6
the
personal
representative
or
successor
of
the
estate
of
7
the
person,
from
the
trustee
of
the
trust
of
the
person,
8
or
from
a
relative
of
the
person
a
sworn
affidavit
along
9
with
substantiating
evidence,
attesting
that
the
person
is
a
10
biological
parent
of
the
subject
of
the
original
certificate
of
11
birth
and
that
the
name
to
be
added
is
that
of
the
biological
12
parent
that
was
omitted
from
the
original
certificate
of
birth.
13
3.
An
amended
original
certificate
of
birth
registered
14
under
this
section
shall
be
marked
“amended”
as
provided
in
15
section
144.38.
A
summary
statement
of
the
evidence
submitted
16
in
support
of
the
amended
original
certificate
of
birth
shall
17
be
endorsed
on
the
certificate.
18
4.
If
an
original
certificate
of
birth
is
amended
under
19
this
section,
an
adopted
person
as
described
in
section
20
144.24A
or
an
entitled
person
as
defined
in
section
144.24A,
21
may
apply
for
and
obtain
a
noncertified
copy
of
the
amended
22
original
certificate
of
birth
subject
to
compliance
with
the
23
requirements
for
applying
for
and
obtaining
a
noncertified
copy
24
of
an
original
certificate
of
birth
under
section
144.24A.
25
5.
The
state
registrar
shall
adopt
rules
pursuant
to
chapter
26
17A
to
administer
this
section
including
rules
relating
to
all
27
of
the
following:
28
a.
The
establishment,
collection,
and
deposit
of
fees
29
in
accordance
with
section
144.46
for
the
preparation
and
30
registration
of
an
amended
original
certificate
of
birth
and
31
for
issuance
of
a
noncertified
copy
of
an
amended
original
32
certificate
of
birth
under
this
section.
The
fee
established
33
for
issuance
of
a
noncertified
copy
of
an
amended
original
34
certificate
of
birth
shall
not
exceed
the
fee
established
for
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issuance
of
a
certified
copy
of
a
certificate
of
birth.
1
b.
The
consent
and
affidavit
forms,
the
proof
of
2
identification
requirements
relative
to
provision
of
consent
by
3
the
subject
of
an
original
certificate
of
birth
to
amendment
4
of
the
original
certificate
of
birth,
and
the
evidentiary
5
requirements
to
substantiate
that
a
person
is
an
omitted
6
biological
parent
of
the
subject
of
the
original
certificate
of
7
birth.
8
6.
For
the
purposes
of
this
section:
9
a.
“Personal
representative”
means
the
same
as
defined
in
10
section
633.3.
11
b.
“Relative”
means
any
of
the
following:
12
(1)
A
person
related
to
the
person
whose
name
is
to
be
13
added
on
the
original
certificate
of
birth
as
a
biological
14
parent,
by
consanguinity
or
affinity
within
the
second
degree
15
as
determined
by
common
law.
16
(2)
A
lineal
descendent,
by
consanguinity
or
affinity,
17
of
the
person
whose
name
is
to
be
added
to
the
original
18
certificate
of
birth
as
a
biological
parent,
including
legally
19
adopted
children
and
biological
children,
stepchildren,
20
grandchildren,
great-grandchildren,
and
any
other
lineal
21
descendent
of
such
individual.
22
c.
“Successor”
means
the
same
as
defined
in
section
633.356.
23
d.
“Trustee”
means
the
same
as
defined
in
section
633.3.
24
Sec.
2.
Section
144.24,
subsection
2,
Code
2023,
is
amended
25
to
read
as
follows:
26
2.
Following
substitution
of
the
original
certificate
of
27
birth
with
a
new
certificate
of
birth,
the
original
certificate
28
and
the
evidence
of
adoption,
paternity,
legitimation,
or
sex
29
change
shall
not
be
subject
to
inspection
except
under
order
of
30
a
court
of
competent
jurisdiction,
including
but
not
limited
31
to
an
order
issued
pursuant
to
section
600.16A
,
as
provided
in
32
section
144.23A
or
144.24A
,
or
as
provided
by
administrative
33
rule
for
statistical
or
administrative
purposes
only.
34
Sec.
3.
Section
144.24A,
Code
2023,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
8.
If
an
original
certificate
of
birth
2
is
amended
pursuant
to
section
144.23A,
the
adopted
person
or
3
the
entitled
person
who
meets
the
requirements
of
this
section
4
may
apply
for
and
obtain
a
noncertified
copy
of
the
amended
5
original
certificate
of
birth
of
the
adopted
person
who
is
6
the
subject
of
the
original
certificate
of
birth
subject
to
7
compliance
with
the
requirements
of
this
section
relating
to
8
the
issuance
of
a
noncertified
copy
of
an
original
certificate
9
of
birth.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
provides
for
the
addition
of
biological
parent
14
information
of
an
adult
adopted
person
to
an
original
15
certificate
of
birth
through
amendment
of
the
original
16
certificate
of
birth.
17
The
bill
provides
that
notwithstanding
whether
an
original
18
certificate
of
birth
is
substituted
with
a
new
certificate
19
of
birth
following
adoption
of
the
subject
of
the
original
20
certificate
of
birth,
whether
a
new
certificate
of
birth
is
21
issued
to
show
that
a
person
for
whom
the
new
certificate
is
22
requested
has
been
legitimated
or
that
paternity
of
that
person
23
has
been
determined,
or
whether
a
new
certificate
of
birth
24
is
issued
to
show
paternity
if
paternity
is
not
shown
on
the
25
original
certificate
of
birth,
an
adopted
person
who
is
the
26
subject
of
the
original
certificate
of
birth
who
was
born
in
27
this
state,
who
is
at
least
18
years
of
age
at
the
time
the
28
application
is
filed,
and
whose
original
certificate
of
birth
29
was
substituted
with
a
new
certificate
of
birth
pursuant
to
30
Code
section
144.24
based
upon
the
adoption,
may
apply
to
the
31
state
registrar
to
amend
that
original
certificate
of
birth
to
32
include
the
name
on
that
original
certificate
of
birth
of
an
33
omitted
biological
parent.
34
The
bill
includes
requirements
that
must
be
met
prior
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to
amending
an
original
certificate
of
birth
under
the
1
bill
including:
the
adopted
person
shall
file
a
written
2
application,
along
with
proof
of
identification,
with
the
3
state
registrar
consenting
to
the
adopted
person’s
original
4
certificate
of
birth
being
amended
to
include
the
name
of
an
5
omitted
biological
parent;
and
the
state
registrar
shall
obtain
6
an
affidavit
with
substantiating
evidence,
from
either
the
7
person
whose
name
is
to
be
added
as
a
biological
parent
if
8
that
person
is
living
or
from
a
specified
representative
of
9
that
person
if
that
person
is
deceased,
attesting
that
the
10
person
whose
name
is
to
be
added
as
a
biological
parent
is
a
11
biological
parent
of
the
subject
of
the
original
certificate
of
12
birth
and
that
the
name
to
be
added
is
that
of
the
biological
13
parent
that
was
omitted
from
the
original
certificate
of
birth.
14
An
amended
original
certificate
of
birth
registered
under
15
the
bill
shall
be
marked
“amended”
as
provided
under
current
16
law,
and
a
summary
statement
of
the
evidence
submitted
in
17
support
of
the
amended
original
certificate
of
birth
shall
be
18
endorsed
on
the
certificate.
19
If
an
original
certificate
of
birth
is
amended
under
the
20
bill,
an
adopted
person
as
described
in
Code
section
144.24A
21
(access
to
original
certificate
of
birth
——
application
——
22
contact
preference
form
——
medical
history
form
——
fees)
23
or
an
entitled
person
as
defined
in
Code
section
144.24A
24
may
apply
for
and
obtain
a
noncertified
copy
of
the
amended
25
original
certificate
of
birth
subject
to
compliance
with
the
26
requirements
for
applying
for
and
obtaining
a
noncertified
copy
27
of
an
original
certificate
of
birth
under
Code
section
144.24A.
28
The
bill
provides
definitions
for
terms
used
in
the
bill
29
including
“personal
representative”,
“relative”,
“successor”,
30
and
“trustee”.
31
The
bill
directs
the
state
registrar
to
adopt
administrative
32
rules
relating
to
establishment,
collection,
and
deposit
of
33
fees
for
preparation
and
registration
of
an
amended
original
34
certificate
of
birth
and
for
issuance
of
a
noncertified
copy
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of
an
amended
original
certificate
of
birth;
the
consent
and
1
affidavit
forms;
the
proof
of
identification
requirements
2
relative
to
the
provision
of
consent
by
the
subject
of
an
3
original
certificate
of
birth
to
amendment
of
the
original
4
certificate
of
birth;
and
the
evidentiary
requirements
to
5
substantiate
that
a
person
is
an
omitted
biological
parent
of
6
the
subject
of
the
original
certificate
of
birth.
7
The
bill
makes
a
conforming
Code
change
to
provide
an
8
exemption
to
provide
that
the
original
certificate
of
birth
may
9
be
subject
to
inspection
for
the
purposes
of
amendment
under
10
the
bill.
11
The
bill
also
makes
conforming
changes
in
Code
section
12
144.24A
to
reflect
the
provisions
of
the
bill
relating
13
to
issuance
of
a
noncertified
copy
of
an
amended
original
14
certificate
of
birth.
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