Bill Text: IA HSB77 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act relating to access to a copy of an original birth certificate by an adult adoptee, and providing for fees.
Spectrum: Committee Bill
Status: (N/A - Dead) 2020-01-15 - Subcommittee reassigned: Bergan, Jacobsen and Konfrst. H.J. 80. [HSB77 Detail]
Download: Iowa-2019-HSB77-Introduced.html
House
Study
Bill
77
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
HOLT)
A
BILL
FOR
An
Act
relating
to
access
to
a
copy
of
an
original
birth
1
certificate
by
an
adult
adoptee,
and
providing
for
fees.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
144.24,
Code
2019,
is
amended
to
read
as
1
follows:
2
144.24
Substituting
new
for
original
birth
certificates
——
3
inspection.
4
1.
If
a
new
certificate
of
birth
is
established,
the
actual
5
place
and
date
of
birth
shall
be
shown
on
the
certificate.
The
6
certificate
shall
be
substituted
for
the
original
certificate
7
of
birth.
Thereafter,
8
2.
Following
substitution
of
the
original
certificate
of
9
birth
with
a
new
certificate
of
birth,
the
original
certificate
10
and
the
evidence
of
adoption,
paternity,
legitimation,
or
sex
11
change
shall
not
be
subject
to
inspection
except
under
order
of
12
a
court
of
competent
jurisdiction,
including
but
not
limited
13
to
an
order
issued
pursuant
to
section
600.16A
,
as
provided
14
in
section
144.24A,
or
as
provided
by
administrative
rule
for
15
statistical
or
administrative
purposes
only.
However,
16
3.
Notwithstanding
subsection
2,
the
state
registrar
shall,
17
upon
the
application
of
an
adult
adopted
person,
a
biological
18
parent,
an
adoptive
parent,
or
the
legal
representative
of
the
19
adult
adopted
person,
the
biological
parent,
or
the
adoptive
20
parent,
inspect
the
original
certificate
and
the
evidence
of
21
adoption
and
reveal
to
the
applicant
the
date
of
the
adoption
22
and
the
name
and
address
of
the
court
which
issued
the
adoption
23
decree.
24
Sec.
2.
NEW
SECTION
.
144.24A
Access
to
original
birth
25
certificate
——
application
——
fees
——
contact
preference
form.
26
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
27
an
adult
adopted
person
who
was
born
in
this
state
and
whose
28
original
certificate
of
birth
was
substituted
with
a
new
29
certificate
of
birth
pursuant
to
section
144.24
based
upon
the
30
adoption,
may
apply
for
and
obtain
a
noncertified
copy
of
the
31
persons’
original
certificate
of
birth
in
accordance
with
this
32
section.
33
a.
The
adult
adopted
person
shall
be
at
least
eighteen
years
34
of
age
at
the
time
the
application
is
filed.
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b.
The
adult
adopted
person
shall
file
a
written
application
1
on
a
form
and
in
the
manner
prescribed
by
the
state
registrar
2
with
the
state
registrar
requesting
a
noncertified
copy
of
the
3
original
certificate
of
birth.
4
c.
Upon
receipt
of
the
written
application
and
proof
of
5
identification
and
payment
of
a
fee,
the
state
registrar
shall
6
issue
a
noncertified
copy
of
the
original
certificate
of
birth
7
to
the
applicant.
At
the
time
of
such
issuance,
the
state
8
registrar
shall
also
provide
to
the
applicant
any
contact
9
preference
form
completed
and
submitted
to
the
state
registrar
10
pursuant
to
subsection
2.
11
2.
a.
The
state
registrar
shall
develop
a
contact
12
preference
form
on
which
a
biological
parent
may
state
a
13
preference
regarding
contact
by
an
adult
adopted
person
14
following
application
for
and
issuance
of
the
noncertified
copy
15
of
the
original
certificate
of
birth
under
this
section.
The
16
preferences
available
to
the
biological
parent
shall
include
17
all
of
the
following,
from
which
the
biological
parent
may
18
choose
only
one:
19
(1)
“I
would
like
to
be
contacted.
I
have
completed
this
20
contact
preference
form
and
am
filing
the
form
with
the
state
21
registrar.
I
may
change
this
preference
by
filing
a
subsequent
22
contact
preference
form
with
the
state
registrar.”
23
(2)
“I
would
prefer
to
be
contacted
only
through
an
24
intermediary.
I
would
like
the
following
named
individual
25
or
entity
to
act
as
an
intermediary.
I
have
completed
this
26
contact
preference
form
and
am
filing
the
form
with
the
state
27
registrar.
I
may
change
this
preference
by
filing
a
subsequent
28
contact
preference
form
with
the
state
registrar.”
29
(3)
“I
do
not
want
to
be
contacted;
however,
my
personally
30
identifiable
information
may
be
released
if
requested
in
31
accordance
with
Iowa
Code
section
144.24A.
I
have
completed
32
this
contact
preference
form
and
am
filing
the
form
with
the
33
state
registrar.
I
may
change
this
preference
by
filing
a
34
subsequent
contact
preference
form
with
the
state
registrar.”
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b.
The
contact
preference
form
shall
be
provided
to
the
1
biological
parent
in
accordance
with
section
600A.4.
2
c.
Upon
receipt
of
a
completed
contact
preference
form,
the
3
state
registrar
shall
attach
the
completed
form
to
the
original
4
certificate
of
birth.
5
3.
The
state
registrar
shall
adopt
rules
pursuant
to
chapter
6
17A
to
administer
this
section
including
rules
relating
to
all
7
of
the
following:
8
a.
Establishment
of
fees
pursuant
to
section
144.46
for
9
issuance
of
the
noncertified
copy
of
the
original
certificate
10
of
birth
under
this
section.
11
b.
The
application
form
and
proof
of
identification
12
requirements
relative
to
application
for
a
noncertified
copy
of
13
an
original
certificate
of
birth.
14
c.
The
contact
preference
form.
15
Sec.
3.
Section
600.13,
subsection
5,
Code
2019,
is
amended
16
to
read
as
follows:
17
5.
a.
An
interlocutory
or
a
final
adoption
decree
shall
be
18
entered
with
the
clerk
of
court.
Such
decree
shall
set
forth
19
any
facts
of
the
adoption
petition
which
have
been
proven
to
20
the
satisfaction
of
the
juvenile
court
or
court
and
any
other
21
facts
considered
to
be
relevant
by
the
juvenile
court
or
court
22
and
shall
grant
the
adoption
petition.
If
so
designated
in
23
the
adoption
decree,
the
name
of
the
adopted
person
shall
be
24
changed
by
issuance
of
that
decree.
25
b.
The
clerk
of
the
court
shall,
within
thirty
days
of
26
issuance,
deliver
one
certified
copy
of
any
adoption
decree
27
to
the
petitioner,
at
no
charge,
one
copy
of
any
adoption
28
decree
to
the
department
and
any
adoption
service
provider
29
who
placed
a
minor
person
for
adoption,
at
no
charge,
and
one
30
certification
certified
copy
of
any
adoption
decree
to
the
31
state
registrar
of
vital
statistics
to
prepare
a
certificate
32
of
adoption
birth
as
prescribed
in
section
144.19
to
the
state
33
registrar
of
vital
statistics
at
no
charge
.
34
c.
Upon
receipt
of
the
certification
certified
copy
of
the
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adoption
decree
,
the
state
registrar
shall
prepare
a
new
birth
1
certificate
pursuant
to
section
144.23
and
shall
do
one
of
the
2
following,
as
applicable:
3
(1)
Deliver
to
the
parents
named
in
the
decree
a
copy
of
4
the
new
birth
certificate
along
with
a
document,
developed
and
5
furnished
by
the
department,
listing
all
postadoption
services
6
available
to
adoptive
families
in
the
state.
7
(2)
Deliver
to
any
adult
person
adopted
by
the
decree
a
copy
8
of
the
new
birth
certificate.
9
d.
Upon
receipt
of
the
certified
copy
of
the
adoption
10
decree,
the
state
registrar
shall
also
attach
a
copy
of
any
11
contact
preference
form
included
with
the
certified
copy
to
12
the
original
certificate
of
birth
for
the
purposes
of
section
13
144.24A.
14
d.
e.
The
parents
shall
pay
the
fee
prescribed
in
section
15
144.46
.
16
e.
f.
If
the
person
adopted
was
born
outside
this
state
17
but
in
the
United
States,
the
state
registrar
shall
forward
18
the
certification
of
adoption
to
the
appropriate
agency
in
the
19
state
of
birth.
20
f.
g.
A
copy
of
any
interlocutory
adoption
decree
vacation
21
shall
be
delivered
and
another
birth
certificate
shall
be
22
prepared
in
the
same
manner
as
a
certification
of
adoption
is
23
delivered
and
the
birth
certificate
was
originally
prepared.
24
Sec.
4.
Section
600.16A,
subsection
2,
unnumbered
paragraph
25
1,
Code
2019,
is
amended
to
read
as
follows:
26
All
With
the
exception
of
access
to
the
original
certificate
27
of
birth
as
provided
in
section
144.24A,
all
of
the
papers
and
28
records
pertaining
to
a
termination
of
parental
rights
under
29
chapter
600A
and
to
an
adoption
shall
not
be
open
to
inspection
30
and
the
identity
of
the
biological
parents
of
an
adopted
31
person
shall
not
be
revealed
except
under
any
of
the
following
32
circumstances:
33
Sec.
5.
Section
600A.4,
subsection
2,
Code
2019,
is
amended
34
by
adding
the
following
new
paragraph:
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NEW
PARAGRAPH
.
0f.
Shall
be
accompanied
by
a
contact
1
preference
form
completed
by
the
biological
parent
of
the
2
person
to
be
adopted
and
attached
to
the
original
certificate
3
of
birth
as
provided
in
section
144.24A.
The
contact
4
preference
form
shall
be
attached
to
any
termination
of
5
parental
rights
order
issued
pursuant
to
section
600A.9.
6
EXPLANATION
7
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
8
the
explanation’s
substance
by
the
members
of
the
general
assembly.
9
This
bill
provides
for
access
to
an
adult
adopted
person’s
10
original
certificate
of
birth.
11
The
bill
provides
that
an
adult
adopted
person
who
was
12
born
in
this
state
and
whose
original
certificate
of
birth
13
was
substituted
with
a
new
certificate
of
birth
based
upon
14
the
adoption,
may
obtain
a
noncertified
copy
of
the
person’s
15
original
certificate
of
birth
as
specified
in
the
bill.
16
These
specifications
include
that
the
adult
adopted
person
17
is
at
least
18
years
of
age
at
the
time
the
application
is
18
filed
and
that
the
adult
adopted
person
must
file
a
written
19
application
with
the
state
registrar.
Upon
receipt
of
the
20
written
application
and
proof
of
identification
and
payment
of
21
a
fee,
the
state
registrar
of
vital
statistics
shall
issue
a
22
noncertified
copy
of
the
original
certificate
of
birth
to
the
23
applicant.
At
the
time
of
such
issuance,
the
state
registrar
24
must
also
provide
to
the
applicant
any
contact
preference
25
form
completed
and
submitted
to
the
state
registrar.
The
26
contact
preference
form,
developed
by
the
state
registrar,
27
is
a
form
to
be
completed
and
submitted
by
the
biological
28
parent
stating
a
preference
regarding
contact
by
an
adult
29
adopted
person
following
application
for
and
issuance
of
30
the
noncertified
copy
of
the
original
certificate
of
birth.
31
The
preferences
available
to
the
biological
parent
include
32
a
choice
of
one
of
the
following:
(1)
“I
would
like
to
be
33
contacted.
I
have
completed
this
contact
preference
form
and
34
am
filing
the
form
with
the
state
registrar.
I
may
change
this
35
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_____
preference
by
filing
a
subsequent
contact
preference
form
with
1
the
state
registrar.”
(2)
“I
would
prefer
to
be
contacted
2
only
through
an
intermediary.
I
would
like
the
following
3
named
individual
or
entity
to
act
as
an
intermediary.
I
have
4
completed
this
contact
preference
form
and
am
filing
the
form
5
with
the
state
registrar.
I
may
change
this
preference
by
6
filing
a
subsequent
contact
preference
form
with
the
state
7
registrar.”
(3)
“I
do
not
want
to
be
contacted;
however,
8
my
personally
identifiable
information
may
be
released
if
9
requested
in
accordance
with
Iowa
Code
section
144.24A.
I
10
have
completed
this
contact
preference
form
and
am
filing
the
11
form
with
the
state
registrar.
I
may
change
this
preference
12
by
filing
a
subsequent
contact
preference
form
with
the
state
13
registrar.”
The
contact
preference
form
is
to
be
provided
to
14
an
individual
who
is
in
the
process
of
terminating
parental
15
rights
and
is
to
be
attached
to
a
release
of
custody
and
16
the
termination
of
parental
rights
order,
which
in
turn
is
17
attached
to
the
adoption
petition
and
the
adoption
decree.
18
A
certified
copy
of
the
adoption
decree,
including
any
copy
19
of
the
contact
preference
form,
is
to
be
sent
to
the
state
20
registrar
for
the
purpose
of,
in
addition
to
the
preparation
21
of
a
new
birth
certificate,
attaching
the
contact
preference
22
form
to
the
original
certificate
of
birth.
The
bill
directs
23
the
state
registrar
to
adopt
rules
pursuant
to
Code
chapter
24
17A
to
administer
the
provisions
of
the
bill
including
rules
25
relating
to
fees
for
issuance
of
the
noncertified
copy
of
the
26
original
certificate
of
birth,
the
application
form
and
proof
27
of
identification
requirements
relative
to
application
for
a
28
noncertified
copy
of
an
original
certificate
of
birth,
and
29
the
contact
preference
form.
Fees
established
are
subject
to
30
Code
section
144.46
including
provisions
requiring
that
fees
31
collected
are
to
be
deposited
in
the
general
fund
of
the
state
32
and
the
vital
records
fund
in
accordance
with
an
apportionment
33
established
by
rule.
34
The
bill
includes
conforming
changes
in
the
Code.
The
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bill
provides
an
exception
to
the
provisions
and
penalties
1
relating
to
the
opening
of
papers
and
records
pertaining
to
a
2
termination
of
parental
rights
or
an
adoption,
to
allow
for
3
access
to
the
original
certificate
of
birth
by
an
adult
adopted
4
person
consistent
with
the
bill.
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