Bill Text: IA SF515 | 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 or an entitled person, and providing for fees. (Formerly SF 126; See SF 621.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2019-04-15 - Committee report approving bill, renumbered as SF 621. S.J. 948. [SF515 Detail]
Download: Iowa-2019-SF515-Introduced.html
Senate
File
515
-
Introduced
SENATE
FILE
515
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
126)
A
BILL
FOR
An
Act
relating
to
access
to
a
copy
of
an
original
birth
1
certificate
by
an
adult
adoptee
or
an
entitled
person,
and
2
providing
for
fees.
3
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
certificate
25
of
birth
——
application
——
contact
preference
form
——
medical
26
history
form
——
fees.
27
1.
Notwithstanding
any
provision
of
law
to
the
contrary,
28
an
adult
adopted
person
who
was
born
in
this
state
and
whose
29
original
certificate
of
birth
was
substituted
with
a
new
30
certificate
of
birth
pursuant
to
section
144.24
based
upon
31
the
adoption,
or
an
entitled
person,
may
apply
for
and
obtain
32
a
noncertified
copy
of
the
original
certificate
of
birth
of
33
the
adult
adopted
person
who
is
the
subject
of
the
original
34
certificate
of
birth
in
accordance
with
this
section.
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a.
(1)
If
an
adult
adopted
person
is
submitting
the
1
application,
the
adult
adopted
person
shall
be
at
least
2
eighteen
years
of
age
at
the
time
the
application
is
filed.
3
(2)
If
an
entitled
person
is
submitting
the
application,
4
the
adult
adopted
person
who
is
the
subject
of
the
original
5
certificate
of
birth
shall
be
at
least
eighteen
years
of
age
at
6
the
time
the
application
is
filed.
7
b.
The
adult
adopted
person
or
the
entitled
person
shall
8
file
a
written
application
with
the
state
registrar
on
a
form
9
and
in
the
manner
prescribed
by
the
state
registrar
requesting
10
a
noncertified
copy
of
the
original
certificate
of
birth.
11
c.
Upon
receipt
of
the
written
application,
proof
of
12
identification,
and
payment
of
a
fee,
the
state
registrar
13
shall
issue
a
noncertified
copy
of
the
original
certificate
14
of
birth
to
the
applicant.
At
the
time
of
such
issuance,
the
15
state
registrar
shall
also
provide
to
the
applicant
any
contact
16
preference
form
or
medical
history
form
completed
and
submitted
17
to
the
state
registrar
pursuant
to
subsections
2
and
3.
18
2.
a.
The
state
registrar
shall
develop
a
contact
19
preference
form
on
which
a
biological
parent
may
state
a
20
preference
regarding
contact
by
an
adult
adopted
person
or
an
21
entitled
person
following
application
for
and
issuance
of
the
22
noncertified
copy
of
the
original
certificate
of
birth
under
23
this
section.
The
preferences
available
to
the
biological
24
parent
shall
include
all
of
the
following,
from
which
the
25
biological
parent
may
choose
only
one:
26
(1)
“I
would
like
to
be
contacted.
I
have
completed
this
27
contact
preference
form
and
am
filing
the
form
with
the
state
28
registrar.
I
may
change
this
preference
by
filing
a
subsequent
29
contact
preference
form
with
the
state
registrar.”
30
(2)
“I
would
prefer
to
be
contacted
only
through
an
31
intermediary.
I
would
like
the
following
named
individual
32
or
entity
to
act
as
an
intermediary.
I
have
completed
this
33
contact
preference
form
and
am
filing
the
form
with
the
state
34
registrar.
I
may
change
this
preference
by
filing
a
subsequent
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contact
preference
form
with
the
state
registrar.”
1
(3)
“I
do
not
want
to
be
contacted;
however,
my
personally
2
identifiable
information
may
be
released
if
requested
in
3
accordance
with
Iowa
Code
section
144.24A.
I
have
completed
4
this
contact
preference
form
and
am
filing
the
form
with
the
5
state
registrar.
I
may
change
this
preference
by
filing
a
6
subsequent
contact
preference
form
with
the
state
registrar.”
7
b.
The
contact
preference
form
shall
also
state
that
8
regardless
of
whether
a
contact
preference
form
is
completed
9
by
the
biological
parent,
a
noncertified
copy
of
the
original
10
certificate
of
birth
shall
be
issued
to
an
adult
adopted
person
11
or
an
entitled
person
who
applies
for
a
noncertified
copy
of
an
12
original
certificate
of
birth
in
accordance
with
this
section.
13
c.
The
contact
preference
form
shall
be
provided
to
the
14
biological
parent
in
accordance
with
section
600A.4.
A
contact
15
preference
form
may
be
completed
or
updated
by
the
biological
16
parent
at
any
time
at
the
request
of
the
biological
parent.
17
3.
a.
The
state
registrar
shall
develop
a
medical
history
18
form
on
which
a
biological
parent
may
provide
the
medical
19
history
of
the
biological
parent
and
any
blood
relatives.
The
20
options
available
to
the
biological
parent
shall
include
all
of
21
the
following
from
which
the
biological
parent
may
choose
only
22
one:
23
(1)
“I
am
not
aware
of
any
medical
history
of
any
24
significance.”
25
(2)
“I
prefer
not
to
provide
any
medical
information
at
this
26
time.”
27
(3)
“I
wish
to
provide
the
following
medical
information
28
included
on
the
attached
form.”
29
b.
The
medical
history
form
shall
be
provided
to
the
30
biological
parent
in
accordance
with
section
600A.4.
A
medical
31
history
form
may
be
completed
or
updated
by
the
biological
32
parent
at
any
time
at
the
request
of
the
biological
parent.
33
4.
Upon
receipt
of
a
completed
contact
preference
form
or
34
medical
history
form,
the
state
registrar
shall
attach
any
such
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completed
form
to
the
original
certificate
of
birth.
1
5.
For
the
purposes
of
this
section,
“entitled
person”
2
means
the
spouse
of
the
adult
adopted
person
or
an
adult
3
related
to
the
adult
adopted
person
within
the
second
degree
4
of
consanguinity.
5
6.
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
a
noncertified
copy
of
the
original
certificate
of
10
birth
under
this
section.
11
b.
The
application
form
and
proof
of
identification
12
requirements
relative
to
an
application
for
a
noncertified
copy
13
of
an
original
certificate
of
birth.
14
c.
The
contact
preference
form
and
the
medical
history
form.
15
7.
a.
Beginning
August
1,
2019,
the
department
shall
16
establish
a
public
awareness
and
notification
period
to
promote
17
awareness
of
the
provisions
of
this
section
and
to
allow
time
18
for
a
biological
parent
to
file
contact
preference
and
medical
19
history
forms.
20
b.
Beginning
August
1,
2019,
an
application
may
be
submitted
21
under
this
section
by
an
adult
adopted
person
or
an
entitled
22
person
to
obtain
a
noncertified
copy
of
an
adult
adopted
23
person’s
original
certificate
of
birth
in
accordance
with
this
24
section,
if
the
adult
adopted
person
who
is
the
subject
of
the
25
original
certificate
of
birth
was
born
before
January
1,
1970.
26
c.
Beginning
July
1,
2020,
an
application
may
be
submitted
27
under
this
section
by
an
adult
adopted
person
or
an
entitled
28
person
to
obtain
a
noncertified
copy
of
an
adult
adopted
29
person’s
original
certificate
of
birth
in
accordance
with
this
30
section,
notwithstanding
the
date
of
birth
of
the
adult
adopted
31
person
who
is
the
subject
of
the
original
certificate
of
birth
32
prescribed
under
paragraph
“b”
.
33
Sec.
3.
Section
600.13,
subsection
5,
Code
2019,
is
amended
34
to
read
as
follows:
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5.
a.
An
interlocutory
or
a
final
adoption
decree
shall
be
1
entered
with
the
clerk
of
court.
Such
decree
shall
set
forth
2
any
facts
of
the
adoption
petition
which
have
been
proven
to
3
the
satisfaction
of
the
juvenile
court
or
court
and
any
other
4
facts
considered
to
be
relevant
by
the
juvenile
court
or
court
5
and
shall
grant
the
adoption
petition.
If
so
designated
in
6
the
adoption
decree,
the
name
of
the
adopted
person
shall
be
7
changed
by
issuance
of
that
decree.
8
b.
The
clerk
of
the
court
shall,
within
thirty
days
of
9
issuance,
deliver
one
certified
copy
of
any
adoption
decree
10
to
the
petitioner,
at
no
charge,
one
copy
of
any
adoption
11
decree
to
the
department
and
any
adoption
service
provider
12
who
placed
a
minor
person
for
adoption,
at
no
charge,
and
one
13
certification
certified
copy
of
any
adoption
decree
to
the
14
state
registrar
of
vital
statistics
to
prepare
a
certificate
15
of
adoption
birth
as
prescribed
in
section
144.19
to
the
state
16
registrar
of
vital
statistics
at
no
charge
.
17
c.
Upon
receipt
of
the
certification
certified
copy
of
the
18
adoption
decree
,
the
state
registrar
shall
prepare
a
new
birth
19
certificate
pursuant
to
section
144.23
and
shall
do
one
of
the
20
following,
as
applicable:
21
(1)
Deliver
to
the
parents
named
in
the
decree
a
copy
of
22
the
new
birth
certificate
along
with
a
document,
developed
and
23
furnished
by
the
department,
listing
all
postadoption
services
24
available
to
adoptive
families
in
the
state.
25
(2)
Deliver
to
any
adult
person
adopted
by
the
decree
a
copy
26
of
the
new
birth
certificate.
27
d.
The
parents
shall
pay
the
fee
prescribed
in
section
28
144.46
.
29
e.
Upon
receipt
of
the
certified
copy
of
the
adoption
30
decree,
the
state
registrar
shall
also
attach
a
copy
of
any
31
contact
preference
form
or
medical
history
included
with
the
32
certified
copy
to
the
original
certificate
of
birth
for
the
33
purposes
of
section
144.24A.
34
e.
f.
If
the
person
adopted
was
born
outside
this
state
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but
in
the
United
States,
the
state
registrar
shall
forward
1
the
certification
certified
copy
of
the
adoption
decree
to
the
2
appropriate
agency
in
the
state
of
birth.
3
f.
g.
A
copy
of
any
interlocutory
adoption
decree
vacation
4
shall
be
delivered
and
another
birth
certificate
shall
be
5
prepared
in
the
same
manner
as
a
certification
certified
copy
6
of
the
adoption
decree
is
delivered
and
the
birth
certificate
7
was
originally
prepared.
8
Sec.
4.
Section
600.16A,
subsection
2,
unnumbered
paragraph
9
1,
Code
2019,
is
amended
to
read
as
follows:
10
All
With
the
exception
of
access
to
the
original
certificate
11
of
birth
as
provided
in
section
144.24A,
all
of
the
papers
and
12
records
pertaining
to
a
termination
of
parental
rights
under
13
chapter
600A
and
to
an
adoption
shall
not
be
open
to
inspection
14
and
the
identity
of
the
biological
parents
of
an
adopted
15
person
shall
not
be
revealed
except
under
any
of
the
following
16
circumstances:
17
Sec.
5.
Section
600A.4,
subsection
2,
Code
2019,
is
amended
18
by
adding
the
following
new
paragraph:
19
NEW
PARAGRAPH
.
0f.
Shall
be
accompanied
by
a
contact
20
preference
form
or
medical
history
form
completed
by
the
21
biological
parent
of
the
person
to
be
adopted
and
attached
22
to
the
original
certificate
of
birth
as
provided
in
section
23
144.24A.
The
contact
preference
form
or
medical
history
form
24
shall
be
attached
to
any
termination
of
parental
rights
order
25
issued
pursuant
to
section
600A.9.
26
EXPLANATION
27
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
28
the
explanation’s
substance
by
the
members
of
the
general
assembly.
29
This
bill
provides
for
access
to
an
adult
adopted
person’s
30
original
certificate
of
birth.
31
The
bill
provides
that
an
adult
adopted
person
who
was
born
32
in
this
state
and
whose
original
certificate
of
birth
was
33
substituted
with
a
new
certificate
of
birth
based
upon
the
34
adoption,
or
an
entitled
person,
may
obtain
a
noncertified
copy
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of
the
adult
adopted
person’s
original
certificate
of
birth
as
1
specified
in
the
bill.
Upon
receipt
of
the
written
application
2
and
proof
of
identification
and
payment
of
a
fee,
the
state
3
registrar
of
vital
statistics
shall
issue
a
noncertified
copy
4
of
the
original
certificate
of
birth
to
the
applicant.
At
the
5
time
of
such
issuance,
the
state
registrar
must
also
provide
to
6
the
applicant
any
contact
preference
form
or
medical
history
7
form
completed
and
submitted
to
the
state
registrar.
The
8
contact
preference
form,
developed
by
the
state
registrar,
9
is
a
form
to
be
completed
and
submitted
by
the
biological
10
parent
stating
a
preference
regarding
contact
by
an
adult
11
adopted
person
or
entitled
person
following
application
for
and
12
issuance
of
the
noncertified
copy
of
the
original
certificate
13
of
birth.
The
preferences
available
to
the
biological
parent
14
include
a
choice
of
one
of
the
following:
(1)
“I
would
like
to
15
be
contacted.
I
have
completed
this
contact
preference
form
16
and
am
filing
the
form
with
the
state
registrar.
I
may
change
17
this
preference
by
filing
a
subsequent
contact
preference
form
18
with
the
state
registrar.”
(2)
“I
would
prefer
to
be
contacted
19
only
through
an
intermediary.
I
would
like
the
following
20
named
individual
or
entity
to
act
as
an
intermediary.
I
have
21
completed
this
contact
preference
form
and
am
filing
the
form
22
with
the
state
registrar.
I
may
change
this
preference
by
23
filing
a
subsequent
contact
preference
form
with
the
state
24
registrar.”
(3)
“I
do
not
want
to
be
contacted;
however,
25
my
personally
identifiable
information
may
be
released
if
26
requested
in
accordance
with
Iowa
Code
section
144.24A.
I
27
have
completed
this
contact
preference
form
and
am
filing
the
28
form
with
the
state
registrar.
I
may
change
this
preference
29
by
filing
a
subsequent
contact
preference
form
with
the
state
30
registrar.”
The
medical
history
form,
developed
by
the
state
31
registrar,
allows
a
biological
parent
to
provide
the
medical
32
history
of
the
biological
parent
and
any
blood
relatives.
33
The
options
available
to
a
biological
parent
on
which
the
34
biological
parent
may
choose
only
one
are:
(1)
“I
am
not
aware
35
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of
any
medical
history
of
any
significance”;
(2)
“I
prefer
1
not
to
provide
any
medical
information
at
this
time”;
(3)
“I
2
wish
to
provide
the
following
medical
information
included
on
3
the
attached
form”.
The
contact
preference
form
and
medical
4
history
form
are
to
be
provided
to
an
individual
who
is
in
the
5
process
of
terminating
parental
rights
and
are
to
be
attached
6
to
a
release
of
custody
and
the
termination
of
parental
rights
7
order,
which
in
turn
are
attached
to
the
adoption
petition
8
and
the
adoption
decree.
A
certified
copy
of
the
adoption
9
decree,
including
any
copy
of
the
contact
preference
form
and
10
medical
history
form,
are
to
be
sent
to
the
state
registrar
for
11
the
purpose
of,
in
addition
to
the
preparation
of
a
new
birth
12
certificate,
attaching
the
contact
preference
form
and
medical
13
history
form
to
the
original
certificate
of
birth.
The
bill
14
directs
the
state
registrar
to
adopt
rules
pursuant
to
Code
15
chapter
17A
to
administer
the
provisions
of
the
bill
including
16
rules
relating
to
fees
for
issuance
of
the
noncertified
copy
17
of
the
original
certificate
of
birth,
the
application
form
and
18
proof
of
identification
requirements
relative
to
application
19
for
a
noncertified
copy
of
an
original
certificate
of
birth,
20
and
the
contact
preference
form
and
medical
history
form.
21
Fees
established
are
subject
to
Code
section
144.46
including
22
provisions
requiring
that
fees
collected
are
to
be
deposited
23
in
the
general
fund
of
the
state
and
the
vital
records
fund
in
24
accordance
with
an
apportionment
established
by
rule.
25
The
bill
provides
for
the
establishment
of
a
public
26
awareness
and
notification
period
by
the
department
of
public
27
health
beginning
August
1,
2019;
provides
that
beginning
August
28
1,
2019,
an
adult
adopted
person
or
an
entitled
person
may
29
submit
an
application
for
a
noncertified
copy
of
an
adult
30
adopted
person’s
certificate
of
birth
if
the
adult
adopted
31
person,
who
is
the
subject
of
the
application,
was
born
before
32
January
1,
1970;
and
provides
that
beginning
July
1,
2020,
an
33
adult
adopted
person
or
an
entitled
person
may
apply
for
a
34
noncertified
copy
of
an
adult
adopted
person’s
certificate
of
35
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birth,
notwithstanding
the
date
of
birth
of
the
adult
adopted
1
person
who
is
the
subject
of
the
application.
2
The
bill
includes
conforming
changes
in
the
Code.
The
3
bill
provides
an
exception
to
the
provisions
and
penalties
4
relating
to
the
opening
of
papers
and
records
pertaining
to
a
5
termination
of
parental
rights
or
an
adoption,
to
allow
for
6
access
to
the
original
certificate
of
birth
consistent
with
the
7
bill.
8
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