Bill Text: IA SF517 | 2023-2024 | 90th General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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Senate File 517 - Introduced
SENATE FILE 517
BY COMMITTEE ON HEALTH AND
HUMAN SERVICES
(SUCCESSOR TO SF 187)
(COMPANION TO HF 60 BY LOHSE)
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.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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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.
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
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S.F. 517
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
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
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S.F. 517
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
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.
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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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
This bill provides for the addition of biological parent
information of an adult adopted person to an original
certificate of birth through reestablishment of the original
certificate of birth.
The bill provides that notwithstanding whether an original
certificate of birth is substituted with a new certificate
of birth 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, or whether a new certificate of birth
is issued to show paternity 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 18 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
Code section 144.24 based upon the adoption, may apply to the
state registrar to reestablish that original certificate of
birth to include the name on that original certificate of birth
of an omitted biological parent.
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The bill includes requirements that must be met prior to
reestablishment of an original certificate of birth under
the bill including: the adopted person shall file a written
application, 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; and the adopted person shall
obtain and submit to the state registrar an affidavit with
substantiating evidence, from either the person whose name is
to be added as a biological parent if that person is living or
from a specified representative of that person if that person
is deceased, attesting that the person whose name is to be
added as a biological parent 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.
A reestablished original certificate of birth registered
under the bill shall be marked reestablished and a summary
statement of the evidence submitted in support of the
reestablished original certificate of birth shall be endorsed
on the certificate.
If an original certificate of birth is reestablished under
the bill, an adopted person as described in Code section
144.24A (access to original certificate of birth —— application
—— contact preference form —— medical history form —— fees)
or an entitled person as defined in Code 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 Code section 144.24A.
The bill provides definitions for terms used in the bill
including “personal representative”, “relative”, “successor”,
and “trustee”.
The bill directs the state registrar to adopt administrative
rules relating to establishment, collection, and deposit of
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fees for preparation and registration of a reestablished
original certificate of birth and for issuance of a
noncertified copy of a reestablished original certificate
of birth; the consent and affidavit forms; the proof of
identification requirements relative to the provision of
consent by the subject of an original certificate of birth
to reestablishment of the 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.
The bill makes a conforming Code change to include an
exemption to provide that the original certificate of birth may
be subject to inspection for the purposes of reestablishment
under the bill.
The bill also makes conforming changes in Code section
144.24A to reflect the provisions of the bill relating to
issuance of a noncertified copy of a reestablished original
certificate of birth.
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