Current through March 29, 2024
Section 144.24A - Access to original certificate of birth - application - contact preference form - medical history form - fees1. Notwithstanding any provision of law to the contrary, an adopted person who was born in this state and whose original certificate of birth was substituted with a new certificate of birth pursuant to section 144.24 based upon the adoption, or an entitled person, may apply for and obtain a noncertified copy of the original certificate of birth of the adopted person who is the subject of the original certificate of birth in accordance with this section, including with any required redaction of personally identifiable information pursuant to subsection 2, paragraph "a", subparagraph (4). a.(1) If an adopted person who is the subject of the original certificate of birth is submitting the application, the adopted person shall be at least eighteen years of age at the time the application is filed.(2) If an entitled person is submitting the application, the adopted person who is the subject of the original certificate of birth shall be deceased at the time the application is filed.b. The adopted person or the entitled person shall file a written application with the state registrar on a form and in the manner prescribed by the state registrar requesting a noncertified copy of the original certificate of birth.c. Upon receipt of the written application, proof of identification, and payment of a fee, the state registrar shall issue a noncertified copy of the original certificate of birth to the applicant in accordance with this section, including with any required redaction of personally identifiable information pursuant to subsection 2, paragraph "a", subparagraph (4). At the time of such issuance, the state registrar shall also provide to the applicant any contact preference form or medical history form completed and submitted to the state registrar pursuant to subsections 2 and 3 in accordance with this section, including with any required redaction of personally identifiable information pursuant to subsection 2, paragraph "a", subparagraph (4), and subsection 3, paragraph "a", subparagraph (4).2.a. The state registrar shall develop a contact preference form on which a biological parent may state a preference regarding contact by an adopted person or an entitled person following application for and issuance of the noncertified copy of the original certificate of birth under this section. The preferences available to the biological parent shall include all of the following, from which the biological parent may choose only one: (1) "I would like to be contacted. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar."(2) "I would prefer to be contacted only through an intermediary. I would like the following named individual or entity to act as an intermediary. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar."(3) "I do not want to be contacted; however, my personally identifiable information may be released if requested in accordance with Iowa Code section 144.24A. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contact preference form with the state registrar."(4) "I do not want to be contacted. I request that my personally identifiable information be redacted from the noncertified copy of the original certificate of birth and my contact preference form. I have completed this contact preference form and am filing the form with the state registrar. I may change this preference by filing a subsequent contract preference form with the state registrar."b. The contact preference form shall also state that regardless of whether a contact preference form is completed by the biological parent, a noncertified copy of the original certificate of birth shall be issued to an adopted person or an entitled person who applies for a noncertified copy of an original certificate of birth in accordance with this section, including with any required redaction of personally identifiable information pursuant to subsection 2, paragraph "a", subparagraph (4).c. The contact preference form shall be provided to the biological parent in accordance with section 600A.4. A contact preference form may be completed or updated by the biological parent at any time at the request of the biological parent.3.a. The state registrar shall develop a medical history form on which a biological parent may provide the medical history of the biological parent and any blood relatives. The options available to the biological parent shall include all of the following, from which the biological parent may choose only one: (1) "I am not aware of any medical history of any significance."(2) "I prefer not to provide any medical information at this time."(3) "I wish to provide the following medical information included on the attached form."(4) "I wish to provide the following medical information included in the attached form. However, I request that my personally identifiable information be redacted from the medical information form prior to its release under Iowa Code section 144.24A."b. The medical history form shall be provided to the biological parent in accordance with section 600A.4. A medical history form may be completed or updated by the biological parent at any time at the request of the biological parent.4. Upon receipt of a completed contact preference form or medical history form, the state registrar shall attach any such completed form to the original certificate of birth.5. For the purposes of this section, "entitled person" means the spouse of the adopted person who is deceased or an adult related to the adopted person who is deceased within the second degree of consanguinity.6. The state registrar shall adopt rules pursuant to chapter 17A to administer this section including rules relating to all of the following:a. Establishment, collection, and deposit of fees in accordance with section 144.46 for issuance of a noncertified copy of the original certificate of birth under this section. The fee established shall not exceed the fee established for issuance of a certified copy of a certificate of birth.b. The application form and proof of identification requirements relative to an application for a noncertified copy of an original certificate of birth.c. The contact preference form and the medical history form.7.a. The department shall implement a public awareness and notification period to promote awareness of the provisions of this section and to allow time for a biological parent to file contact preference and medical history forms.b. An application may be submitted under this section by an adopted person or an entitled person to obtain a noncertified copy of an adopted person's original certificate of birth in accordance with this section, if the adopted person who is the subject of the original certificate of birth was born before January 1, 1971.c. Beginning January 1, 2022, an application may be submitted under this section by an adopted person or an entitled person to obtain a noncertified copy of an adopted person's original certificate of birth in accordance with this section, notwithstanding the date of birth of the adopted person who is the subject of the original certificate of birth prescribed under paragraph "b".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.2021 Acts, ch 113, §2, 6; 2023 Acts, ch 105, §3
Amended by 2023 Iowa, ch 105, s 3, eff. 7/1/2023.Added by 2021 Iowa, ch 113, s 2, eff. 5/19/2021.Referred to in §144.23A, 144.24, 600.13, 600.16A, 600A.4
NEW subsection 8