Iowa Admin. Code r. 641-99.16

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 641-99.16 - Certificate of live birth following voluntary paternity affidavit

(1) If the birth mother was legally married at the time of conception or birth or at any time during the period between conception and birth, the name of her spouse shall be entered on the certificate of live birth as a parent pursuant to Iowa Code section 144.13.

(2) If the birth mother was not legally married at the time of conception or birth or at any time during the period between conception and birth, the birth mother and the alleged biological father may:

a. Complete a Voluntary Paternity Affidavit form after the birth of the child; and

b. Submit the completed form to the state registrar.

(3) If the birth mother was legally married at the time of conception or birth or at any time during the period between conception and birth, and her legal spouse is not the biological father, the birth mother and the alleged biological father may:

a. Complete a Voluntary Paternity Affidavit form after the birth of the child;

b. Obtain a court order that disestablishes her legal spouse as a parent; and

c. Submit the completed form and a certified copy of the court order to the state registrar.

(4) If the birth mother and the biological father of an Iowa-born child subsequently marry each other after a voluntary affidavit of paternity has been processed, the parents may submit a second completed Voluntary Paternity Affidavit form with a certified copy of the parents' certificate of marriage to establish a new certificate changing the child's last name to that of the father.

(5) If another man is shown as the father on the original certificate of live birth, anew certificate of live birth may be established only when a determination of paternity is made by a court of competent jurisdiction.

(6) There is no age limitation and no fee for filing a completed Voluntary Paternity Affidavit form.

(7) The county registrar and the state registrar shall seal the original certificate of live birth. The state registrar shall place the original certificate of live birth and all related documents in a sealed file, and the file shall not be opened and inspected except by the state registrar for administrative purposes or upon an order from a court of competent jurisdiction pursuant to Iowa Code section 144.24.

(8) A copy of the completed and processed Voluntary Paternity Affidavit form may be acquired by either parent or either parent's legal representative upon notarized application and payment of the fee pursuant to rule 641-95.6 (144). The notarized application shall include at a minimum the following items:

a. The child's full name;

b. The child's date and place of birth;

c. The mother's full name prior to any marriage; and

d. The full name and mailing address of the applicant.

(9) The new certificate of live birth shall not be marked "amended."

(10) The new certificate of live birth shall be on file at the county registrar's office pursuant to rule 641-95.7 (144).

(11) The birth mother and the biological father shall surrender any incorrect certified copies of the child's certificate of live birth for replacement at no cost. Additional certified copies of the new certificate of live birth shall be acquired upon receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to rule 641-95.6 (144).

Iowa Admin. Code r. 641-99.16

ARC 0483C, IAB 12/12/12, effective 1/16/2013; see Delay note at end of chapter; ARC 1075C, IAB 10/2/2013, effective 11/6/2013