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: 4 TLSB 1961SV (3) 88 pf/rh
S.F. 515 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. 35 -1- LSB 1961SV (3) 88 pf/rh 1/ 9
S.F. 515 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 35 -2- LSB 1961SV (3) 88 pf/rh 2/ 9
S.F. 515 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 35 -3- LSB 1961SV (3) 88 pf/rh 3/ 9
S.F. 515 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: 35 -4- LSB 1961SV (3) 88 pf/rh 4/ 9
S.F. 515 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 35 -5- LSB 1961SV (3) 88 pf/rh 5/ 9
S.F. 515 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 35 -6- LSB 1961SV (3) 88 pf/rh 6/ 9
S.F. 515 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 -7- LSB 1961SV (3) 88 pf/rh 7/ 9
S.F. 515 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 -8- LSB 1961SV (3) 88 pf/rh 8/ 9
S.F. 515 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 -9- LSB 1961SV (3) 88 pf/rh 9/ 9
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