Bill Text: IA SF517 | 2023-2024 | 90th General Assembly | Enrolled
Bill Title: A bill for an act relating to the addition of biological parent information of an adult adopted person through reestablishment of an original certificate of birth, and providing fees. (Formerly SF 187.) Effective date: 07/01/2023.
Spectrum: Committee Bill
Status: (Passed) 2023-06-01 - Signed by Governor. S.J. 1087. [SF517 Detail]
Download: Iowa-2023-SF517-Enrolled.html
Senate
File
517
-
Enrolled
Senate
File
517
AN
ACT
RELATING
TO
THE
ADDITION
OF
BIOLOGICAL
PARENT
INFORMATION
OF
AN
ADULT
ADOPTED
PERSON
THROUGH
REESTABLISHMENT
OF
AN
ORIGINAL
CERTIFICATE
OF
BIRTH,
AND
PROVIDING
FEES.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
NEW
SECTION
.
144.23A
Biological
parent
information
——
reestablishment
of
original
certificate
of
birth.
1.
Notwithstanding
whether
an
original
certificate
of
birth
is
substituted
with
a
new
certificate
of
birth
pursuant
to
section
144.24
following
adoption
of
the
subject
of
the
original
certificate
of
birth,
whether
a
new
certificate
of
birth
is
issued
to
show
that
a
person
for
whom
the
new
certificate
is
requested
has
been
legitimated
or
that
paternity
of
that
person
has
been
determined
pursuant
to
section
144.23,
or
whether
a
new
certificate
of
birth
is
issued
to
show
paternity
pursuant
to
section
144.40
if
paternity
is
not
shown
on
the
original
certificate
of
birth,
an
adopted
person
who
is
the
subject
of
the
original
certificate
of
birth,
who
was
born
in
this
state,
who
is
at
least
eighteen
years
of
age
at
the
time
the
application
is
filed,
and
whose
original
certificate
of
birth
was
substituted
with
a
new
certificate
of
birth
pursuant
to
section
144.24
based
upon
the
adoption,
may
apply
to
the
state
registrar
to
have
that
original
certificate
of
birth
reestablished
to
include
the
name
on
the
original
certificate
of
birth
of
an
omitted
biological
parent
in
accordance
with
this
section.
Senate
File
517,
p.
2
2.
Prior
to
issuing
a
reestablished
original
certificate
of
birth
as
provided
in
subsection
1,
all
of
the
following
requirements
shall
be
met:
a.
The
adopted
person
shall
file
a
written
application,
in
the
form
and
manner
prescribed
by
the
state
registrar
along
with
proof
of
identification,
with
the
state
registrar
consenting
to
the
adopted
person’s
original
certificate
of
birth
being
reestablished
to
include
the
name
of
an
omitted
biological
parent.
b.
The
adopted
person
shall
obtain
and
submit
to
the
state
registrar
one
of
the
following
regarding
the
person
whose
name
is
to
be
added
as
a
biological
parent:
(1)
If
the
person
whose
name
is
to
be
added
as
a
biological
parent
is
living,
the
adopted
person
shall
obtain
from
the
person
a
sworn
affidavit
along
with
substantiating
evidence
attesting
that
the
person
is
a
biological
parent
of
the
subject
of
the
original
certificate
of
birth
and
that
the
name
to
be
added
is
that
of
the
biological
parent
that
was
omitted
from
the
original
certificate
of
birth.
(2)
If
the
person
whose
name
is
to
be
added
as
a
biological
parent
is
deceased,
the
adopted
person
shall
obtain
from
the
personal
representative
or
successor
of
the
estate
of
the
person,
from
the
trustee
of
the
trust
of
the
person,
or
from
a
relative
of
the
person
a
sworn
affidavit
along
with
substantiating
evidence,
attesting
that
the
person
is
a
biological
parent
of
the
subject
of
the
original
certificate
of
birth
and
that
the
name
to
be
added
is
that
of
the
biological
parent
that
was
omitted
from
the
original
certificate
of
birth.
3.
An
adult
adopted
person
as
described
in
section
144.24A
or
an
entitled
person
as
defined
in
section
144.24A
may
apply
for
and
obtain
a
noncertified
copy
of
the
reestablished
original
certificate
of
birth
subject
to
compliance
with
the
requirements
for
applying
for
and
obtaining
a
noncertified
copy
of
an
original
certificate
of
birth
under
section
144.24A.
The
reestablished
original
certificate
of
birth
shall
include
the
biological
parent
who
was
omitted
from
the
original
certificate
of
birth.
A
reestablished
original
certificate
of
birth
shall
be
marked
“reestablished”.
A
summary
statement
of
the
evidence
submitted
pursuant
to
this
section
shall
be
endorsed
on
the
Senate
File
517,
p.
3
certificate.
4.
The
state
registrar
shall
adopt
rules
pursuant
to
chapter
17A
to
administer
this
section
including
rules
relating
to
all
of
the
following:
a.
The
establishment,
collection,
and
deposit
of
fees
in
accordance
with
section
144.46
for
the
preparation
and
registration
of
a
reestablished
original
certificate
of
birth
and
for
issuance
of
a
noncertified
copy
of
a
reestablished
original
certificate
of
birth
under
this
section.
The
fee
established
for
issuance
of
a
noncertified
copy
of
a
reestablished
original
certificate
of
birth
shall
not
exceed
the
fee
established
for
issuance
of
a
certified
copy
of
a
certificate
of
birth.
b.
The
consent
and
affidavit
forms,
the
proof
of
identification
requirements
relative
to
provision
of
consent
by
the
subject
of
an
original
certificate
of
birth,
and
the
evidentiary
requirements
to
substantiate
that
a
person
is
an
omitted
biological
parent
of
the
subject
of
the
original
certificate
of
birth.
5.
For
the
purposes
of
this
section:
a.
“Personal
representative”
means
the
same
as
defined
in
section
633.3.
b.
“Relative”
means
any
of
the
following:
(1)
A
person
related
to
the
person
whose
name
is
to
be
added
on
the
original
certificate
of
birth
as
a
biological
parent,
by
consanguinity
or
affinity
within
the
second
degree
as
determined
by
common
law.
(2)
A
lineal
descendent,
by
consanguinity
or
affinity,
of
the
person
whose
name
is
to
be
added
to
the
original
certificate
of
birth
as
a
biological
parent,
including
legally
adopted
children
and
biological
children,
stepchildren,
grandchildren,
great-grandchildren,
and
any
other
lineal
descendent
of
such
individual.
c.
“Successor”
means
the
same
as
defined
in
section
633.356.
d.
“Trustee”
means
the
same
as
defined
in
section
633.3.
Sec.
2.
Section
144.24,
subsection
2,
Code
2023,
is
amended
to
read
as
follows:
2.
Following
substitution
of
the
original
certificate
of
birth
with
a
new
certificate
of
birth,
the
original
certificate
Senate
File
517,
p.
4
and
the
evidence
of
adoption,
paternity,
legitimation,
or
sex
change
shall
not
be
subject
to
inspection
except
under
order
of
a
court
of
competent
jurisdiction,
including
but
not
limited
to
an
order
issued
pursuant
to
section
600.16A
,
as
provided
in
section
144.23A
or
144.24A
,
or
as
provided
by
administrative
rule
for
statistical
or
administrative
purposes
only.
Sec.
3.
Section
144.24A,
Code
2023,
is
amended
by
adding
the
following
new
subsection:
NEW
SUBSECTION
.
8.
If
an
original
certificate
of
birth
is
reestablished
pursuant
to
section
144.23A,
the
adopted
person
or
the
entitled
person
who
meets
the
requirements
of
this
section
may
apply
for
and
obtain
a
noncertified
copy
of
the
reestablished
original
certificate
of
birth
of
the
adopted
person
who
is
the
subject
of
the
original
certificate
of
birth
subject
to
compliance
with
the
requirements
of
this
section
relating
to
the
issuance
of
a
noncertified
copy
of
an
original
certificate
of
birth.
______________________________
AMY
SINCLAIR
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
517,
Ninetieth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2023
______________________________
KIM
REYNOLDS
Governor
