Bill Text: IA HF855 | 2021-2022 | 89th General Assembly | Enrolled
Bill Title: A bill for an act relating to access to a copy of an original birth certificate by an adoptee or an entitled person, providing for fees, and including effective date provisions. (Formerly HF 723, HSB 226.) Effective date: Enactment, 07/01/2021.
Spectrum: Committee Bill
Status: (Passed) 2021-05-19 - Signed by Governor. H.J. 1201. [HF855 Detail]
Download: Iowa-2021-HF855-Enrolled.html
House
File
855
-
Enrolled
House
File
855
AN
ACT
RELATING
TO
ACCESS
TO
A
COPY
OF
AN
ORIGINAL
BIRTH
CERTIFICATE
BY
AN
ADOPTEE
OR
AN
ENTITLED
PERSON,
PROVIDING
FOR
FEES,
AND
INCLUDING
EFFECTIVE
DATE
PROVISIONS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
144.24,
Code
2021,
is
amended
to
read
as
follows:
144.24
Substituting
new
for
original
birth
certificates
——
inspection.
1.
If
a
new
certificate
of
birth
is
established,
the
actual
place
and
date
of
birth
shall
be
shown
on
the
certificate.
The
certificate
shall
be
substituted
for
the
original
certificate
of
birth.
Thereafter,
House
File
855,
p.
2
2.
Following
substitution
of
the
original
certificate
of
birth
with
a
new
certificate
of
birth,
the
original
certificate
and
the
evidence
of
adoption,
paternity,
legitimation,
or
sex
change
shall
not
be
subject
to
inspection
except
under
order
of
a
court
of
competent
jurisdiction,
including
but
not
limited
to
an
order
issued
pursuant
to
section
600.16A
,
as
provided
in
section
144.24A,
or
as
provided
by
administrative
rule
for
statistical
or
administrative
purposes
only.
However,
3.
Notwithstanding
subsection
2,
the
state
registrar
shall,
upon
the
application
of
an
adult
adopted
person,
a
biological
parent,
an
adoptive
parent,
or
the
legal
representative
of
the
adult
adopted
person,
the
biological
parent,
or
the
adoptive
parent,
inspect
the
original
certificate
and
the
evidence
of
adoption
and
reveal
to
the
applicant
the
date
of
the
adoption
and
the
name
and
address
of
the
court
which
issued
the
adoption
decree.
Sec.
2.
NEW
SECTION
.
144.24A
Access
to
original
certificate
of
birth
——
application
——
contact
preference
form
——
medical
history
form
——
fees.
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
an
adopted
person
who
was
born
in
this
state
and
whose
original
certificate
of
birth
was
substituted
with
a
new
certificate
of
birth
pursuant
to
section
144.24
based
upon
the
adoption,
or
an
entitled
person,
may
apply
for
and
obtain
a
noncertified
copy
of
the
original
certificate
of
birth
of
the
adopted
person
who
is
the
subject
of
the
original
certificate
of
birth
in
accordance
with
this
section,
including
with
any
required
redaction
of
personally
identifiable
information
pursuant
to
subsection
2,
paragraph
“a”
,
subparagraph
(4).
a.
(1)
If
an
adopted
person
who
is
the
subject
of
the
original
certificate
of
birth
is
submitting
the
application,
the
adopted
person
shall
be
at
least
eighteen
years
of
age
at
the
time
the
application
is
filed.
(2)
If
an
entitled
person
is
submitting
the
application,
the
adopted
person
who
is
the
subject
of
the
original
certificate
of
birth
shall
be
deceased
at
the
time
the
application
is
filed.
b.
The
adopted
person
or
the
entitled
person
shall
file
a
written
application
with
the
state
registrar
on
a
form
and
House
File
855,
p.
3
in
the
manner
prescribed
by
the
state
registrar
requesting
a
noncertified
copy
of
the
original
certificate
of
birth.
c.
Upon
receipt
of
the
written
application,
proof
of
identification,
and
payment
of
a
fee,
the
state
registrar
shall
issue
a
noncertified
copy
of
the
original
certificate
of
birth
to
the
applicant
in
accordance
with
this
section,
including
with
any
required
redaction
of
personally
identifiable
information
pursuant
to
subsection
2,
paragraph
“a”
,
subparagraph
(4).
At
the
time
of
such
issuance,
the
state
registrar
shall
also
provide
to
the
applicant
any
contact
preference
form
or
medical
history
form
completed
and
submitted
to
the
state
registrar
pursuant
to
subsections
2
and
3
in
accordance
with
this
section,
including
with
any
required
redaction
of
personally
identifiable
information
pursuant
to
subsection
2,
paragraph
“a”
,
subparagraph
(4),
and
subsection
3,
paragraph
“a”
,
subparagraph
(4).
2.
a.
The
state
registrar
shall
develop
a
contact
preference
form
on
which
a
biological
parent
may
state
a
preference
regarding
contact
by
an
adopted
person
or
an
entitled
person
following
application
for
and
issuance
of
the
noncertified
copy
of
the
original
certificate
of
birth
under
this
section.
The
preferences
available
to
the
biological
parent
shall
include
all
of
the
following,
from
which
the
biological
parent
may
choose
only
one:
(1)
“I
would
like
to
be
contacted.
I
have
completed
this
contact
preference
form
and
am
filing
the
form
with
the
state
registrar.
I
may
change
this
preference
by
filing
a
subsequent
contact
preference
form
with
the
state
registrar.”
(2)
“I
would
prefer
to
be
contacted
only
through
an
intermediary.
I
would
like
the
following
named
individual
or
entity
to
act
as
an
intermediary.
I
have
completed
this
contact
preference
form
and
am
filing
the
form
with
the
state
registrar.
I
may
change
this
preference
by
filing
a
subsequent
contact
preference
form
with
the
state
registrar.”
(3)
“I
do
not
want
to
be
contacted;
however,
my
personally
identifiable
information
may
be
released
if
requested
in
accordance
with
Iowa
Code
section
144.24A.
I
have
completed
this
contact
preference
form
and
am
filing
the
form
with
the
state
registrar.
I
may
change
this
preference
by
filing
a
House
File
855,
p.
4
subsequent
contact
preference
form
with
the
state
registrar.”
(4)
“I
do
not
want
to
be
contacted.
I
request
that
my
personally
identifiable
information
be
redacted
from
the
noncertified
copy
of
the
original
certificate
of
birth
and
my
contact
preference
form.
I
have
completed
this
contact
preference
form
and
am
filing
the
form
with
the
state
registrar.
I
may
change
this
preference
by
filing
a
subsequent
contract
preference
form
with
the
state
registrar.”
b.
The
contact
preference
form
shall
also
state
that
regardless
of
whether
a
contact
preference
form
is
completed
by
the
biological
parent,
a
noncertified
copy
of
the
original
certificate
of
birth
shall
be
issued
to
an
adopted
person
or
an
entitled
person
who
applies
for
a
noncertified
copy
of
an
original
certificate
of
birth
in
accordance
with
this
section,
including
with
any
required
redaction
of
personally
identifiable
information
pursuant
to
subsection
2,
paragraph
“a”
,
subparagraph
(4).
c.
The
contact
preference
form
shall
be
provided
to
the
biological
parent
in
accordance
with
section
600A.4.
A
contact
preference
form
may
be
completed
or
updated
by
the
biological
parent
at
any
time
at
the
request
of
the
biological
parent.
3.
a.
The
state
registrar
shall
develop
a
medical
history
form
on
which
a
biological
parent
may
provide
the
medical
history
of
the
biological
parent
and
any
blood
relatives.
The
options
available
to
the
biological
parent
shall
include
all
of
the
following
from
which
the
biological
parent
may
choose
only
one:
(1)
“I
am
not
aware
of
any
medical
history
of
any
significance.”
(2)
“I
prefer
not
to
provide
any
medical
information
at
this
time.”
(3)
“I
wish
to
provide
the
following
medical
information
included
on
the
attached
form.”
(4)
“I
wish
to
provide
the
following
medical
information
included
in
the
attached
form.
However,
I
request
that
my
personally
identifiable
information
be
redacted
from
the
medical
information
form
prior
to
its
release
under
Iowa
Code
section
144.24A.”
b.
The
medical
history
form
shall
be
provided
to
the
House
File
855,
p.
5
biological
parent
in
accordance
with
section
600A.4.
A
medical
history
form
may
be
completed
or
updated
by
the
biological
parent
at
any
time
at
the
request
of
the
biological
parent.
4.
Upon
receipt
of
a
completed
contact
preference
form
or
medical
history
form,
the
state
registrar
shall
attach
any
such
completed
form
to
the
original
certificate
of
birth.
5.
For
the
purposes
of
this
section,
“entitled
person”
means
the
spouse
of
the
adopted
person
who
is
deceased
or
an
adult
related
to
the
adopted
person
who
is
deceased
within
the
second
degree
of
consanguinity.
6.
The
state
registrar
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
including
rules
relating
to
all
of
the
following:
a.
Establishment,
collection,
and
deposit
of
fees
in
accordance
with
section
144.46
for
issuance
of
a
noncertified
copy
of
the
original
certificate
of
birth
under
this
section.
The
fee
established
shall
not
exceed
the
fee
established
for
issuance
of
a
certified
copy
of
a
certificate
of
birth.
b.
The
application
form
and
proof
of
identification
requirements
relative
to
an
application
for
a
noncertified
copy
of
an
original
certificate
of
birth.
c.
The
contact
preference
form
and
the
medical
history
form.
7.
a.
The
department
shall
implement
a
public
awareness
and
notification
period
to
promote
awareness
of
the
provisions
of
this
section
and
to
allow
time
for
a
biological
parent
to
file
contact
preference
and
medical
history
forms.
b.
An
application
may
be
submitted
under
this
section
by
an
adopted
person
or
an
entitled
person
to
obtain
a
noncertified
copy
of
an
adopted
person’s
original
certificate
of
birth
in
accordance
with
this
section,
if
the
adopted
person
who
is
the
subject
of
the
original
certificate
of
birth
was
born
before
January
1,
1971.
c.
Beginning
January
1,
2022,
an
application
may
be
submitted
under
this
section
by
an
adopted
person
or
an
entitled
person
to
obtain
a
noncertified
copy
of
an
adopted
person’s
original
certificate
of
birth
in
accordance
with
this
section,
notwithstanding
the
date
of
birth
of
the
adopted
person
who
is
the
subject
of
the
original
certificate
of
birth
prescribed
under
paragraph
“b”
.
House
File
855,
p.
6
Sec.
3.
Section
600.13,
subsection
5,
Code
2021,
is
amended
to
read
as
follows:
5.
a.
An
interlocutory
or
a
final
adoption
decree
shall
be
entered
with
the
clerk
of
court.
Such
decree
shall
set
forth
any
facts
of
the
adoption
petition
which
have
been
proven
to
the
satisfaction
of
the
juvenile
court
or
court
and
any
other
facts
considered
to
be
relevant
by
the
juvenile
court
or
court
and
shall
grant
the
adoption
petition.
If
so
designated
in
the
adoption
decree,
the
name
of
the
adopted
person
shall
be
changed
by
issuance
of
that
decree.
b.
The
clerk
of
the
court
shall,
within
thirty
days
of
issuance,
deliver
one
certified
copy
of
any
adoption
decree
to
the
petitioner,
at
no
charge,
one
copy
of
any
adoption
decree
to
the
department
and
any
adoption
service
provider
who
placed
a
minor
person
for
adoption,
at
no
charge,
and
one
certification
certified
copy
of
any
adoption
decree,
and
any
contact
preference
form
or
medical
history
form
associated
with
the
certified
copy
of
any
adoption
decree
for
the
purposes
of
section
144.24A,
to
the
state
registrar
of
vital
statistics
to
prepare
a
certificate
of
adoption
birth
as
prescribed
in
section
144.19
to
the
state
registrar
of
vital
statistics
at
no
charge
.
c.
Upon
receipt
of
the
certification
certified
copy
of
the
adoption
decree
,
the
state
registrar
shall
prepare
a
new
birth
certificate
pursuant
to
section
144.23
and
shall
do
one
of
the
following,
as
applicable:
(1)
Deliver
to
the
parents
named
in
the
decree
a
copy
of
the
new
birth
certificate
along
with
a
document,
developed
and
furnished
by
the
department,
listing
all
postadoption
services
available
to
adoptive
families
in
the
state.
(2)
Deliver
to
any
adult
person
adopted
by
the
decree
a
copy
of
the
new
birth
certificate.
d.
The
parents
shall
pay
the
fee
prescribed
in
section
144.46
.
e.
Upon
receipt
of
the
certified
copy
of
the
adoption
decree,
the
state
registrar
shall
also
attach
a
copy
of
any
contact
preference
form
or
medical
history
form
included
with
the
certified
copy
to
the
original
certificate
of
birth
for
the
purposes
of
section
144.24A.
House
File
855,
p.
7
e.
f.
If
the
person
adopted
was
born
outside
this
state
but
in
the
United
States,
the
state
registrar
shall
forward
the
certification
certified
copy
of
the
adoption
decree
to
the
appropriate
agency
in
the
state
of
birth.
f.
g.
A
copy
of
any
interlocutory
adoption
decree
vacation
shall
be
delivered
and
another
birth
certificate
shall
be
prepared
in
the
same
manner
as
a
certification
certified
copy
of
the
adoption
decree
is
delivered
and
the
birth
certificate
was
originally
prepared.
Sec.
4.
Section
600.16A,
subsection
2,
unnumbered
paragraph
1,
Code
2021,
is
amended
to
read
as
follows:
All
With
the
exception
of
access
to
the
original
certificate
of
birth
as
provided
in
section
144.24A,
all
of
the
papers
and
records
pertaining
to
a
termination
of
parental
rights
under
chapter
600A
and
to
an
adoption
shall
not
be
open
to
inspection
and
the
identity
of
the
biological
parents
of
an
adopted
person
shall
not
be
revealed
except
under
any
of
the
following
circumstances:
Sec.
5.
Section
600A.4,
subsection
2,
Code
2021,
is
amended
by
adding
the
following
new
paragraph:
NEW
PARAGRAPH
.
0f.
Shall
be
accompanied
by
a
contact
preference
form
or
medical
history
form
completed
by
the
biological
parent
of
the
person
to
be
adopted
and
attached
to
the
original
certificate
of
birth
as
provided
in
section
144.24A.
The
contact
preference
form
or
medical
history
form
shall
be
attached
to
any
termination
of
parental
rights
order
issued
pursuant
to
section
600A.9.
Sec.
6.
EFFECTIVE
DATE.
The
following,
being
deemed
of
immediate
importance,
take
effect
upon
enactment:
1.
The
section
of
this
Act
enacting
section
144.24A,
subsection
7,
paragraph
“a”,
requiring
the
department
of
public
health
to
implement
a
public
awareness
and
notification
period
to
promote
awareness
and
to
allow
time
for
a
biological
parent
to
file
contact
preference
and
medical
history
forms.
2.
The
section
of
this
Act
enacting
section
144.24A,
subsection
7,
paragraph
“b”,
providing
for
the
submission
of
an
application
by
an
adopted
person
or
an
entitled
person
to
obtain
a
noncertified
copy
of
an
adopted
person’s
original
certificate
of
birth,
if
the
adopted
person
who
is
the
subject
House
File
855,
p.
8
of
the
original
certificate
of
birth
was
born
before
January
1,
1971.
______________________________
PAT
GRASSLEY
Speaker
of
the
House
______________________________
JAKE
CHAPMAN
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
855,
Eighty-ninth
General
Assembly.
______________________________
MEGHAN
NELSON
Chief
Clerk
of
the
House
Approved
_______________,
2021
______________________________
KIM
REYNOLDS
Governor