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.(See SF 559, SF 589.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2021-03-03 - Committee report approving bill, renumbered as SF 559. [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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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
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