Iowa HF 268: A bill for an act relating to the addition of biological parent information of an adult adopted person through amendment of an original certificate of birth, and providing fees.

Bill Text

House File 268 - Introduced
HOUSE FILE 268
BY COMMITTEE ON JUDICIARY
(SUCCESSOR TO HF 60)
A BILL FOR
An Act relating to the addition of biological parent1
information of an adult adopted person through amendment of2
an original certificate of birth, and providing fees.3
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:4
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Section 1. NEW SECTION. 144.23A Biological parent1
information —— amendment of original certificate of birth.2
1. Notwithstanding whether an original certificate of3
birth is substituted with a new certificate of birth pursuant4
to section 144.24 following adoption of the subject of the5
original certificate of birth, whether a new certificate6
of birth is issued to show that a person for whom the new7
certificate is requested has been legitimated or that paternity8
of that person has been determined pursuant to section 144.23,9
or whether a new certificate of birth is issued to show10
paternity pursuant to section 144.40 if paternity is not shown11
on the original certificate of birth, an adopted person who is12
the subject of the original certificate of birth, who was born13
in this state, who is at least eighteen years of age at the time14
the application is filed, and whose original certificate of15
birth was substituted with a new certificate of birth pursuant16
to section 144.24 based upon the adoption, may apply to the17
state registrar to amend that original certificate of birth to18
include the name on the original certificate of birth of an19
omitted biological parent in accordance with this section.20
2. Prior to amending an original certificate of birth as21
provided in subsection 1, all of the following requirements22
shall be met:23
a. The adopted person shall file a written application,24
in the form and manner prescribed by the state registrar25
along with proof of identification, with the state registrar26
consenting to the adopted person’s original certificate27
of birth being amended to include the name of an omitted28
biological parent.29
b. The state registrar shall obtain one of the following30
regarding the person whose name is to be added as a biological31
parent:32
(1) If the person whose name is to be added as a biological33
parent is living, the state registrar shall obtain from the34
person a sworn affidavit along with substantiating evidence35
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attesting that the person is a biological parent of the subject1
of the original certificate of birth and that the name to be2
added is that of the biological parent that was omitted from3
the original certificate of birth.4
(2) If the person whose name is to be added as a biological5
parent is deceased, the state registrar shall obtain from6
the personal representative or successor of the estate of7
the person, from the trustee of the trust of the person,8
or from a relative of the person a sworn affidavit along9
with substantiating evidence, attesting that the person is a10
biological parent of the subject of the original certificate of11
birth and that the name to be added is that of the biological12
parent that was omitted from the original certificate of birth.13
3. An amended original certificate of birth registered14
under this section shall be marked “amended” as provided in15
section 144.38. A summary statement of the evidence submitted16
in support of the amended original certificate of birth shall17
be endorsed on the certificate.18
4. If an original certificate of birth is amended under19
this section, an adopted person as described in section20
144.24A or an entitled person as defined in section 144.24A,21
may apply for and obtain a noncertified copy of the amended22
original certificate of birth subject to compliance with the23
requirements for applying for and obtaining a noncertified copy24
of an original certificate of birth under section 144.24A.25
5. The state registrar shall adopt rules pursuant to chapter26
17A to administer this section including rules relating to all27
of the following:28
a. The establishment, collection, and deposit of fees29
in accordance with section 144.46 for the preparation and30
registration of an amended original certificate of birth and31
for issuance of a noncertified copy of an amended original32
certificate of birth under this section. The fee established33
for issuance of a noncertified copy of an amended original34
certificate of birth shall not exceed the fee established for35
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H.F. 268
issuance of a certified copy of a certificate of birth.1
b. The consent and affidavit forms, the proof of2
identification requirements relative to provision of consent by3
the subject of an original certificate of birth to amendment4
of the original certificate of birth, and the evidentiary5
requirements to substantiate that a person is an omitted6
biological parent of the subject of the original certificate of7
birth.8
6. For the purposes of this section:9
a. “Personal