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 wifeSpouses together. 1 4 Sec. 2. Section 600.4, subsection 3, Code 2017, is amended 1 5 to read as follows: 1 6 3. Ahusband or wifespouse 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 14following 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 courtupon 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 toshow good cause forfile an affidavit 4 21 to request an order opening the adoption record under this 4 22subsection, provided that the juvenile court or court shall 4 23 consider any affidavit filed under this subsectionsection. 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 pf/nh
