Bill Text: IA HF355 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to adoption, including access to adoption records for adult adoptees.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-02-16 - Introduced, referred to Human Resources. H.J. 407. [HF355 Detail]

Download: Iowa-2017-HF355-Introduced.html

House File 355 - Introduced




                                 HOUSE FILE       
                                 BY  ANDERSON

                                      A BILL FOR

  1 An Act relating to adoption, including access to adoption
  2    records for adult adoptees.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 2279HH (4) 87
    pf/nh

PAG LIN



  1  1    Section 1.  Section 600.4, subsection 2, Code 2017, is
  1  2 amended to read as follows:
  1  3    2.  Husband and wife Spouses together.
  1  4    Sec. 2.  Section 600.4, subsection 3, Code 2017, is amended
  1  5 to read as follows:
  1  6    3.  A husband or wife spouse separately if the person to
  1  7 be adopted is not the other spouse and if the adopting spouse
  1  8 meets any of the following conditions:
  1  9    a.  Is the stepparent of the person to be adopted;.
  1 10    b.  Has been separated from the other spouse by reason of the
  1 11 other spouse's abandonment as prescribed in section 597.10; or.
  1 12    c.  Is unable to petition with the other spouse because
  1 13 of the prolonged and unexplained absence, unavailability, or
  1 14 incapacity of the other spouse, or because of an unreasonable
  1 15 withholding of joinder by the other spouse, as determined by
  1 16 the juvenile court or court under section 600.5, subsection 7.
  1 17    Sec. 3.  Section 600.16, subsection 1, paragraph b, Code
  1 18 2017, is amended to read as follows:
  1 19    b.  The adopted person, provided that person is an adult at
  1 20 the time the request for information is made. For the purposes
  1 21 of this paragraph "adult" means a person twenty=one years of age
  1 22 or older or a person who attains majority by marriage.
  1 23    Sec. 4.  Section 600.16, subsection 2, Code 2017, is amended
  1 24 to read as follows:
  1 25    2.  Information regarding an adopted person's existing
  1 26 medical and developmental history and family medical history,
  1 27 which meets the definition of background information in section
  1 28 600.8, subsection 1, paragraph "c", shall be made available as
  1 29 provided in subsection 1. However, the identity of the adopted
  1 30 person's biological parents shall not be disclosed to anyone
  1 31 other than the adopted person, provided the adopted person is
  1 32 an adult at the time the request for information is made.
  1 33    Sec. 5.  Section 600.16A, subsections 2 through 4, Code 2017,
  1 34 are amended to read as follows:
  1 35    2.  All papers and records pertaining to a termination of
  2  1 parental rights under chapter 600A and to an adoption shall
  2  2 not be open to inspection and the identity of the biological
  2  3 parents of an adopted person shall not be revealed except under
  2  4 any of the following circumstances:
  2  5    a.  An agency involved in placement shall contact the
  2  6 adopting parents or the adult adopted child regarding
  2  7 eligibility of the adopted child for benefits based on
  2  8 entitlement of benefits or inheritance from the terminated
  2  9 biological parents.
  2 10    b.  The juvenile court or court, for good cause, shall order
  2 11 the opening of the permanent adoption record of the juvenile
  2 12 court or court for the adopted person who is an adult and
  2 13 reveal the names of either or both of the biological parents
  2 14 following consideration of both of the following:
  2 15    (1)  A biological parent may file an affidavit requesting
  2 16 that the juvenile court or court reveal or not reveal the
  2 17 parent's identity. The juvenile court or court shall consider
  2 18 any such affidavit in determining whether there is good cause
  2 19 to order opening of the records. To facilitate the biological
  2 20 parents in filing an affidavit, the department shall, upon
  2 21 request of a biological parent, provide the biological parent
  2 22 with an adoption information packet containing an affidavit for
  2 23 completion and filing with the juvenile court or court upon the
  2 24 filing of an affidavit by the adopted person who is an adult
  2 25 requesting that the record be opened.
  2 26    (2)  If the adopted person who applies for revelation of the
  2 27 biological parents' identity has a sibling who is a minor and
  2 28 who has been adopted by the same parents, the juvenile court or
  2 29 court may deny the application on the grounds that revelation
  2 30 to the applicant may also indirectly and harmfully permit the
  2 31 same revelation to the applicant's minor sibling.
  2 32    c.  A biological sibling of an adopted person may file or may
  2 33 request that the department file an affidavit in the juvenile
  2 34 court or court in which the adopted person's adoption records
  2 35 have been sealed requesting that the juvenile court or court
  3  1 reveal or not reveal the sibling's name to the adopted person.
  3  2 The juvenile court or court shall consider any such affidavit
  3  3 in determining whether there is good cause to order opening
  3  4 of the records upon application for revelation by the adopted
  3  5 person. However, the name of the biological sibling shall not
  3  6 be revealed until the biological sibling has attained majority.
  3  7    d.  The juvenile court or court may, upon competent medical
  3  8 evidence, open termination or adoption records if opening
  3  9 is shown to be necessary to save the life of or prevent
  3 10 irreparable physical or mental harm to an adopted person or
  3 11 the person's offspring. The juvenile court or court shall
  3 12 make every reasonable effort to prevent the identity of the
  3 13 biological parents from becoming revealed under this paragraph
  3 14 to the minor adopted person. The juvenile court or court may,
  3 15 however, permit revelation of the identity of the biological
  3 16 parents to medical personnel attending the adopted person
  3 17 or the person's offspring. These medical personnel shall
  3 18 make every reasonable effort to prevent the identity of the
  3 19 biological parents from becoming revealed to the minor adopted
  3 20 person.
  3 21    3.  a.  In addition to other procedures by which adoption
  3 22 records may be opened under this section, if both of the
  3 23 following conditions are met, the department, the clerk of
  3 24 court, or the agency which made the placement shall open the
  3 25 adoption record for inspection and shall reveal the identity
  3 26 of the biological parents to the adult adopted child or the
  3 27 identity of the adult adopted child to the biological parents:
  3 28    (1)  A biological parent has placed in the adoption record
  3 29 written consent to revelation of the biological parent's
  3 30 identity to the adopted child at an age specified by the
  3 31 biological parent, upon request of the adopted child.
  3 32    (2)  An adult adopted child has placed in the adoption record
  3 33 written consent to revelation of the identity of the adult
  3 34 adopted child to a biological parent.
  3 35    b.  A person who has placed in the adoption record written
  4  1 consent pursuant to paragraph "a", subparagraph (1) or (2)
  4  2 may withdraw the consent at any time by placing a written
  4  3 withdrawal of consent statement in the adoption record.
  4  4    c.  Notwithstanding the provisions of this subsection, if
  4  5 the adult adopted person has a sibling who is a minor and who
  4  6 has also been adopted by the same parents, the department, the
  4  7 clerk of court, or the agency which made the placement may
  4  8 deny the request of either the adult adopted person or the
  4  9 biological parent to open the adoption records and to reveal
  4 10 the identities of the parties pending determination by the
  4 11 juvenile court or court that there is good cause to open the
  4 12 records pursuant to subsection 2.
  4 13    d.  Nothing in this subsection shall be interpreted to
  4 14 preclude the opening of an adoption record upon the filing of
  4 15 an affidavit by an adopted person who is an adult as provided
  4 16 in subsection 2, paragraph "b".
  4 17    4.  An adopted person whose adoption became final prior to
  4 18 July 4, 1941, and whose adoption record was not required to
  4 19 be sealed at the time when the adoption record was completed,
  4 20 shall not be required to show good cause for file an affidavit
  4 21 to request an order opening the adoption record under this
  4 22 subsection, provided that the juvenile court or court shall
  4 23 consider any affidavit filed under this subsection section.
  4 24                           EXPLANATION
  4 25 The inclusion of this explanation does not constitute agreement with
  4 26 the explanation's substance by the members of the general assembly.
  4 27    This bill relates to adoption.
  4 28    The bill replaces references to "husband" and "wife" with
  4 29 "spouse" in provisions relating to qualifications to file an
  4 30 adoption petition.
  4 31    Under Code chapter 600 (adoption), "adult" is defined as
  4 32 a person who is married or 18 years of age or older.  Under
  4 33 current law, however, Code section 600.16 provides that for
  4 34 the purposes of making available medical and developmental
  4 35 history information that was collected during the preplacement
  5  1 investigation for an adoption, "adult" is defined as a person
  5  2 21 years of age or older or a person who attains majority by
  5  3 marriage.  The bill eliminates this definition of "adult",
  5  4 thereby defining adult as a person who is married or 18 years
  5  5 of age or older consistently throughout the chapter.
  5  6    The bill also provides additional means of allowing a
  5  7 permanent adoption record to be open to an adopted person who
  5  8 is an adult.
  5  9    Current law provides that the court shall, for good cause,
  5 10 order the opening of the permanent adoption record for an
  5 11 adopted person who is an adult and reveal the names of either
  5 12 or both of the biological parents following consideration of
  5 13 the affidavit of a biological parent requesting that the court
  5 14 reveal or not reveal the parent's identity and consideration of
  5 15 the fact that the adopted person who files the application has
  5 16 a sibling who is a minor and who has been adopted by the same
  5 17 parents.  Under the bill, the court would no longer require
  5 18 good cause based upon these considerations, but instead, upon
  5 19 the filing of an affidavit by the adopted person who is an
  5 20 adult, the court would open the permanent adoption records
  5 21 for the adopted person.  The bill also amends the provisions
  5 22 relating to the court opening termination or adoption records
  5 23 if the opening is shown to be necessary to save the life of
  5 24 or prevent irreparable physical or mental harm to an adopted
  5 25 person or the person's offspring. Current law requires the
  5 26 court to make every reasonable effort to prevent the identity
  5 27 of the biological parents from becoming revealed to the adopted
  5 28 person when such opening of the record is allowed. The bill
  5 29 would only require the court to  make every reasonable effort to
  5 30 prevent the identity of the biological parents from becoming
  5 31 revealed to the adopted person when the adopted person is a
  5 32 minor, but not when the adopted person is an adult.
  5 33    Current law also includes a mutual consent provision under
  5 34 which a permanent adoption record may be opened and reveal
  5 35 the names of either or both of the biological parents if
  6  1 a biological parent places in the adoption record written
  6  2 consent to revelation of the biological parent's identity
  6  3 to the adopted child at an age specified by the biological
  6  4 parent upon request of the adopted child, and the adult
  6  5 adopted child in turn has placed in the adoption record
  6  6 written consent to revelation of the identity of the adult
  6  7 adopted child to a biological parent. The bill retains the
  6  8 mutual consent opportunity but provides that the requirements
  6  9 of the mutual consent process to request the opening of the
  6 10 permanent adoption records shall not preclude the opening of
  6 11 the permanent adoption record if requested by an adopted person
  6 12 who is an adult.
  6 13    Under current law, an adopted person whose adoption became
  6 14 final prior to July 4, 1941, and whose adoption record was
  6 15 not required to be sealed at the time when the adoption
  6 16 record was completed, is not required to show good cause for
  6 17 an order opening the adoption record. The bill amends this
  6 18 provision to be consistent with the provisions of the bill so
  6 19 that the requirement for showing good cause is stricken, and
  6 20 additionally the person is not required as other adults under
  6 21 the bill to file an affidavit to request an order to open the
  6 22 adoption record.
       LSB 2279HH (4) 87
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