Bill Text: IA SSB1040 | 2021-2022 | 89th General Assembly | Introduced


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.

Spectrum: Committee Bill

Status: (Introduced) 2021-02-15 - Subcommittee recommends passage. [SSB1040 Detail]

Download: Iowa-2021-SSB1040-Introduced.html
Senate Study Bill 1040 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ZAUN) A BILL FOR An Act relating to access to a copy of an original birth 1 certificate by an adoptee or an entitled person, providing 2 for fees, and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1868XC (3) 89 pf/rh
S.F. _____ Section 1. Section 144.24, Code 2021, 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 certificate 25 of birth —— application —— contact preference form —— medical 26 history form —— fees. 27 1. Notwithstanding any provision of law to the contrary, an 28 adopted person who was born in this state and whose original 29 certificate of birth was substituted with a new certificate of 30 birth pursuant to section 144.24 based upon the adoption, or 31 an entitled person, may apply for and obtain a noncertified 32 copy of the original certificate of birth of the adopted person 33 who is the subject of the original certificate of birth in 34 accordance with this section, including with any required 35 -1- LSB 1868XC (3) 89 pf/rh 1/ 11
S.F. _____ redaction of personally identifiable information pursuant to 1 subsection 2, paragraph “a” , subparagraph (4). 2 a. (1) If an adopted person who is the subject of the 3 original certificate of birth is submitting the application, 4 the adopted person shall be at least eighteen years of age at 5 the time the application is filed. 6 (2) If an entitled person is submitting the application, the 7 adopted person who is the subject of the original certificate 8 of birth shall be deceased at the time the application is 9 filed. 10 b. The adopted person or the entitled person shall file 11 a written application with the state registrar on a form and 12 in the manner prescribed by the state registrar requesting a 13 noncertified copy of the original certificate of birth. 14 c. Upon receipt of the written application, proof of 15 identification, and payment of a fee, the state registrar 16 shall issue a noncertified copy of the original certificate 17 of birth to the applicant in accordance with this section, 18 including with any required redaction of personally 19 identifiable information pursuant to subsection 2, paragraph 20 “a” , subparagraph (4). At the time of such issuance, the state 21 registrar shall also provide to the applicant any contact 22 preference form or medical history form completed and submitted 23 to the state registrar pursuant to subsections 2 and 3 in 24 accordance with this section, including with any required 25 redaction of personally identifiable information pursuant to 26 subsection 2, paragraph “a” , subparagraph (4), and subsection 27 3, paragraph “a” , subparagraph (4). 28 2. a. The state registrar shall develop a contact 29 preference form on which a biological parent may state a 30 preference regarding contact by an adopted person or an 31 entitled person following application for and issuance of the 32 noncertified copy of the original certificate of birth under 33 this section. The preferences available to the biological 34 parent shall include all of the following, from which the 35 -2- LSB 1868XC (3) 89 pf/rh 2/ 11
S.F. _____ biological parent may choose only one: 1 (1) “I would like to be contacted. I have completed this 2 contact preference form and am filing the form with the state 3 registrar. I may change this preference by filing a subsequent 4 contact preference form with the state registrar.” 5 (2) “I would prefer to be contacted only through an 6 intermediary. I would like the following named individual 7 or entity to act as an intermediary. I have completed this 8 contact preference form and am filing the form with the state 9 registrar. I may change this preference by filing a subsequent 10 contact preference form with the state registrar.” 11 (3) “I do not want to be contacted; however, my personally 12 identifiable information may be released if requested in 13 accordance with Iowa Code section 144.24A. I have completed 14 this contact preference form and am filing the form with the 15 state registrar. I may change this preference by filing a 16 subsequent contact preference form with the state registrar.” 17 (4) “I do not want to be contacted. I request that my 18 personally identifiable information be redacted from the 19 noncertified copy of the original certificate of birth and 20 my contact preference form. I have completed this contact 21 preference form and am filing the form with the state 22 registrar. I may change this preference by filing a subsequent 23 contract preference form with the state registrar.” 24 b. The contact preference form shall also state that 25 regardless of whether a contact preference form is completed 26 by the biological parent, a noncertified copy of the original 27 certificate of birth shall be issued to an adopted person 28 or an entitled person who applies for a noncertified copy 29 of an original certificate of birth in accordance with this 30 section, including with any required redaction of personally 31 identifiable information pursuant to subsection 2, paragraph 32 “a” , subparagraph (4). 33 c. The contact preference form shall be provided to the 34 biological parent in accordance with section 600A.4. A contact 35 -3- LSB 1868XC (3) 89 pf/rh 3/ 11
S.F. _____ preference form may be completed or updated by the biological 1 parent at any time at the request of the biological parent. 2 3. a. The state registrar shall develop a medical history 3 form on which a biological parent may provide the medical 4 history of the biological parent and any blood relatives. The 5 options available to the biological parent shall include all of 6 the following from which the biological parent may choose only 7 one: 8 (1) “I am not aware of any medical history of any 9 significance.” 10 (2) “I prefer not to provide any medical information at this 11 time.” 12 (3) “I wish to provide the following medical information 13 included on the attached form.” 14 (4) “I wish to provide the following medical information 15 included in the attached form. However, I request that my 16 personally identifiable information be redacted from the 17 medical information form prior to its release under Iowa Code 18 section 144.24A.” 19 b. The medical history form shall be provided to the 20 biological parent in accordance with section 600A.4. A medical 21 history form may be completed or updated by the biological 22 parent at any time at the request of the biological parent. 23 4. Upon receipt of a completed contact preference form or 24 medical history form, the state registrar shall attach any such 25 completed form to the original certificate of birth. 26 5. For the purposes of this section, “entitled person” means 27 the spouse of the adopted person who is deceased or an adult 28 related to the adopted person who is deceased within the second 29 degree of consanguinity. 30 6. The state registrar shall adopt rules pursuant to chapter 31 17A to administer this section including rules relating to all 32 of the following: 33 a. Establishment of fees pursuant to section 144.46 for 34 issuance of a noncertified copy of the original certificate of 35 -4- LSB 1868XC (3) 89 pf/rh 4/ 11
S.F. _____ birth under this section. 1 b. The application form and proof of identification 2 requirements relative to an application for a noncertified copy 3 of an original certificate of birth. 4 c. The contact preference form and the medical history form. 5 7. a. The department shall implement a public awareness and 6 notification period to promote awareness of the provisions of 7 this section and to allow time for a biological parent to file 8 contact preference and medical history forms. 9 b. An application may be submitted under this section by an 10 adopted person or an entitled person to obtain a noncertified 11 copy of an adopted person’s original certificate of birth in 12 accordance with this section, if the adopted person who is the 13 subject of the original certificate of birth was born before 14 January 1, 1971. 15 c. Beginning January 1, 2022, an application may be 16 submitted under this section by an adopted person or an 17 entitled person to obtain a noncertified copy of an adopted 18 person’s original certificate of birth in accordance with this 19 section, notwithstanding the date of birth of the adopted 20 person who is the subject of the original certificate of birth 21 prescribed under paragraph “b” . 22 Sec. 3. Section 600.13, subsection 5, Code 2021, is amended 23 to read as follows: 24 5. a. An interlocutory or a final adoption decree shall be 25 entered with the clerk of court. Such decree shall set forth 26 any facts of the adoption petition which have been proven to 27 the satisfaction of the juvenile court or court and any other 28 facts considered to be relevant by the juvenile court or court 29 and shall grant the adoption petition. If so designated in 30 the adoption decree, the name of the adopted person shall be 31 changed by issuance of that decree. 32 b. The clerk of the court shall, within thirty days of 33 issuance, deliver one certified copy of any adoption decree 34 to the petitioner, at no charge, one copy of any adoption 35 -5- LSB 1868XC (3) 89 pf/rh 5/ 11
S.F. _____ decree to the department and any adoption service provider 1 who placed a minor person for adoption, at no charge, and one 2 certification certified copy of any adoption decree, and any 3 contact preference form or medical history form associated with 4 the certified copy of any adoption decree for the purposes of 5 section 144.24A, to the state registrar of vital statistics 6 to prepare a certificate of adoption birth as prescribed in 7 section 144.19 to the state registrar of vital statistics at 8 no charge . 9 c. Upon receipt of the certification certified copy of the 10 adoption decree , the state registrar shall prepare a new birth 11 certificate pursuant to section 144.23 and shall do one of the 12 following, as applicable: 13 (1) Deliver to the parents named in the decree a copy of 14 the new birth certificate along with a document, developed and 15 furnished by the department, listing all postadoption services 16 available to adoptive families in the state. 17 (2) Deliver to any adult person adopted by the decree a copy 18 of the new birth certificate. 19 d. The parents shall pay the fee prescribed in section 20 144.46 . 21 e. Upon receipt of the certified copy of the adoption 22 decree, the state registrar shall also attach a copy of any 23 contact preference form or medical history form included with 24 the certified copy to the original certificate of birth for the 25 purposes of section 144.24A. 26 e. f. If the person adopted was born outside this state 27 but in the United States, the state registrar shall forward 28 the certification certified copy of the adoption decree to the 29 appropriate agency in the state of birth. 30 f. g. A copy of any interlocutory adoption decree vacation 31 shall be delivered and another birth certificate shall be 32 prepared in the same manner as a certification certified copy 33 of the adoption decree is delivered and the birth certificate 34 was originally prepared. 35 -6- LSB 1868XC (3) 89 pf/rh 6/ 11
S.F. _____ Sec. 4. Section 600.16A, subsection 2, unnumbered paragraph 1 1, Code 2021, is amended to read as follows: 2 All With the exception of access to the original certificate 3 of birth as provided in section 144.24A, all of the papers and 4 records pertaining to a termination of parental rights under 5 chapter 600A and to an adoption shall not be open to inspection 6 and the identity of the biological parents of an adopted 7 person shall not be revealed except under any of the following 8 circumstances: 9 Sec. 5. Section 600A.4, subsection 2, Code 2021, is amended 10 by adding the following new paragraph: 11 NEW PARAGRAPH . 0f. Shall be accompanied by a contact 12 preference form or medical history form completed by the 13 biological parent of the person to be adopted and attached 14 to the original certificate of birth as provided in section 15 144.24A. The contact preference form or medical history form 16 shall be attached to any termination of parental rights order 17 issued pursuant to section 600A.9. 18 Sec. 6. EFFECTIVE DATE. The following, being deemed of 19 immediate importance, take effect upon enactment: 20 1. The section of this Act enacting section 144.24A, 21 subsection 7, paragraph “a”, requiring the department of public 22 health to implement a public awareness and notification period 23 to promote awareness and to allow time for a biological parent 24 to file contact preference and medical history forms. 25 2. The section of this Act enacting section 144.24A, 26 subsection 7, paragraph “b”, providing for the submission of 27 an application by an adopted person or an entitled person to 28 obtain a noncertified copy of an adopted person’s original 29 certificate of birth, if the adopted person who is the subject 30 of the original certificate of birth was born before January 31 1, 1971. 32 EXPLANATION 33 The inclusion of this explanation does not constitute agreement with 34 the explanation’s substance by the members of the general assembly. 35 -7- LSB 1868XC (3) 89 pf/rh 7/ 11
S.F. _____ This bill provides for access to an adult adopted person’s 1 original certificate of birth. 2 The bill provides that an adult adopted person who was born 3 in this state and whose original certificate of birth was 4 substituted with a new certificate of birth based upon the 5 adoption, or an entitled person, may obtain a noncertified 6 copy of the adult adopted person’s original certificate of 7 birth as specified in the bill. Upon receipt of the written 8 application, proof of identification, and payment of a fee, the 9 state registrar of vital statistics shall issue a noncertified 10 copy of the original certificate of birth to the applicant 11 including with any required redaction of the biological 12 parent’s personally identifiable information, if requested 13 by the biological parent. At the time of such issuance, 14 the state registrar must also provide to the applicant any 15 contact preference form or medical history form completed and 16 submitted to the state registrar including with any required 17 redaction of the biological parent’s personally identifiable 18 information, if requested by the biological parent. The 19 contact preference form, developed by the state registrar, 20 is a form to be completed and submitted by the biological 21 parent stating a preference regarding contact by an adult 22 adopted person or entitled person following application for and 23 issuance of the noncertified copy of the original certificate 24 of birth. The preferences available to the biological parent 25 include a choice of one of the following: (1) “I would like 26 to be contacted. I have completed this contact preference 27 form and am filing the form with the state registrar. I 28 may change this preference by filing a subsequent contact 29 preference form with the state registrar.” (2) “I would 30 prefer to be contacted only through an intermediary. I would 31 like the following named individual or entity to act as an 32 intermediary. I have completed this contact preference form 33 and am filing the form with the state registrar. I may change 34 this preference by filing a subsequent contact preference 35 -8- LSB 1868XC (3) 89 pf/rh 8/ 11
S.F. _____ form with the state registrar.” (3) “I do not want to be 1 contacted; however, my personally identifiable information may 2 be released if requested in accordance with Iowa Code section 3 144.24A. I have completed this contact preference form and am 4 filing the form with the state registrar. I may change this 5 preference by filing a subsequent contact preference form with 6 the state registrar.” (4) “I do not want to be contacted. 7 I request that my personally identifiable information be 8 redacted from the noncertified copy of the original certificate 9 of birth and my contact preference form. I have completed 10 this contact preference form and am filing the form with the 11 state registrar. I may change this preference by filing a 12 subsequent contact preference form with the state registrar.” 13 The medical history form, developed by the state registrar, 14 allows a biological parent to provide the medical history of 15 the biological parent and any blood relatives. The options 16 available to a biological parent on which the biological 17 parent may choose only one are: (1) “I am not aware of any 18 medical history of any significance”; (2) “I prefer not to 19 provide any medical information at this time”; (3) “I wish 20 to provide the following medical information included on the 21 attached form”; (4) “I wish to provide the following medical 22 information included in the attached form. However, I request 23 that my personally identifiable information be redacted from 24 the medical information form prior to its release under Iowa 25 Code section 144.24A.” The contact preference form and medical 26 history form are to be provided to an individual who is in the 27 process of terminating parental rights and are to be attached 28 to a release of custody and the termination of parental rights 29 order, which in turn are attached to the adoption petition 30 and the adoption decree. A certified copy of the adoption 31 decree, including any copy of the contact preference form and 32 medical history form, are to be sent to the state registrar for 33 the purpose of, in addition to the preparation of a new birth 34 certificate, attaching the contact preference form and medical 35 -9- LSB 1868XC (3) 89 pf/rh 9/ 11
S.F. _____ history form to the original certificate of birth. The bill 1 directs the state registrar to adopt rules pursuant to Code 2 chapter 17A to administer the provisions of the bill including 3 rules relating to fees for issuance of the noncertified copy 4 of the original certificate of birth, the application form and 5 proof of identification requirements relative to application 6 for a noncertified copy of an original certificate of birth, 7 and the contact preference form and medical history form. 8 Fees established are subject to Code section 144.46 including 9 provisions requiring that fees collected are to be deposited 10 in the general fund of the state and the vital records fund in 11 accordance with an apportionment established by rule. 12 The bill provides for the implementation of a public 13 awareness and notification period by the department of public 14 health to promote awareness of the provisions of the bill 15 and to allow time for a biological parent to file a contact 16 preference and medical history form. The bill provides that 17 an adult adopted person or an entitled person may submit 18 an application for a noncertified copy of an adult adopted 19 person’s certificate of birth if the adult adopted person, who 20 is the subject of the application, was born before January 21 1, 1971; and provides that beginning January 1, 2022, an 22 adult adopted person or an entitled person may apply for a 23 noncertified copy of an adult adopted person’s certificate of 24 birth, notwithstanding the date of birth of the adult adopted 25 person who is the subject of the application. 26 The bill includes conforming changes in the Code. The 27 bill provides an exception to the provisions and penalties 28 relating to the opening of papers and records pertaining to a 29 termination of parental rights or an adoption, to allow for 30 access to the original certificate of birth consistent with the 31 bill. 32 The bill includes effective date provisions relating 33 to implementation of the public awareness and notification 34 period and to the submission of an application to obtain a 35 -10- LSB 1868XC (3) 89 pf/rh 10/ 11
S.F. _____ noncertified copy of an adopted person’s original certificate 1 of birth if the person was born before January 1, 1971. 2 -11- LSB 1868XC (3) 89 pf/rh 11/ 11
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