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.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. NEW SECTION. 144.23A Biological parent
2 information —— reestablishment of original certificate of birth.
3 1. Notwithstanding whether an original certificate of
4 birth is substituted with a new certificate of birth pursuant
5 to section 144.24 following adoption of the subject of the
6 original certificate of birth, whether a new certificate
7 of birth is issued to show that a person for whom the new
8 certificate is requested has been legitimated or that paternity
9 of that person has been determined pursuant to section 144.23,
10 or whether a new certificate of birth is issued to show
11 paternity pursuant to section 144.40 if paternity is not shown
12 on the original certificate of birth, an adopted person who is
13 the subject of the original certificate of birth, who was born
14 in this state, who is at least eighteen years of age at the time
15 the application is filed, and whose original certificate of
16 birth was substituted with a new certificate of birth pursuant
17 to section 144.24 based upon the adoption, may apply to the
18 state registrar to have that original certificate of birth
19 reestablished to include the name on the original certificate
20 of birth of an omitted biological parent in accordance with
21 this section.
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22 2. Prior to issuing a reestablished original certificate
23 of birth as provided in subsection 1, all of the following
24 requirements shall be met:
25 a. The adopted person shall file a written application,
26 in the form and manner prescribed by the state registrar
27 along with proof of identification, with the state registrar
28 consenting to the adopted person’s original certificate of
29 birth being reestablished to include the name of an omitted
30 biological parent.
31 b. The adopted person shall obtain and submit to the state
32 registrar one of the following regarding the person whose name
33 is to be added as a biological parent:
34 (1) If the person whose name is to be added as a biological
35 parent is living, the adopted person shall obtain from the
1 person a sworn affidavit along with substantiating evidence
2 attesting that the person is a biological parent of the subject
3 of the original certificate of birth and that the name to be
4 added is that of the biological parent that was omitted from
5 the original certificate of birth.
6 (2) If the person whose name is to be added as a biological
7 parent is deceased, the adopted person shall obtain from
8 the personal representative or successor of the estate of
9 the person, from the trustee of the trust of the person,
10 or from a relative of the person a sworn affidavit along
11 with substantiating evidence, attesting that the person is a
12 biological parent of the subject of the original certificate of
13 birth and that the name to be added is that of the biological
14 parent that was omitted from the original certificate of birth.
15 3. An adult adopted person as described in section 144.24A
16 or an entitled person as defined in section 144.24A may
17 apply for and obtain a noncertified copy of the reestablished
18 original certificate of birth subject to compliance with the
19 requirements for applying for and obtaining a noncertified copy
20 of an original certificate of birth under section 144.24A. The
21 reestablished original certificate of birth shall include the
22 biological parent who was omitted from the original certificate
23 of birth. A reestablished original certificate of birth shall
24 be marked “reestablished”. A summary statement of the evidence
25 submitted pursuant to this section shall be endorsed on the
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26 certificate.
27 4. The state registrar shall adopt rules pursuant to chapter
28 17A to administer this section including rules relating to all
29 of the following:
30 a. The establishment, collection, and deposit of fees
31 in accordance with section 144.46 for the preparation and
32 registration of a reestablished original certificate of birth
33 and for issuance of a noncertified copy of a reestablished
34 original certificate of birth under this section. The
35 fee established for issuance of a noncertified copy of a
1 reestablished original certificate of birth shall not exceed
2 the fee established for issuance of a certified copy of a
3 certificate of birth.
4 b. The consent and affidavit forms, the proof of
5 identification requirements relative to provision of consent
6 by the subject of an original certificate of birth, and the
7 evidentiary requirements to substantiate that a person is
8 an omitted biological parent of the subject of the original
9 certificate of birth.
10 5. For the purposes of this section:
11 a. “Personal representative” means the same as defined in
12 section 633.3.
13 b. “Relative” means any of the following:
14 (1) A person related to the person whose name is to be
15 added on the original certificate of birth as a biological
16 parent, by consanguinity or affinity within the second degree
17 as determined by common law.
18 (2) A lineal descendent, by consanguinity or affinity,
19 of the person whose name is to be added to the original
20 certificate of birth as a biological parent, including legally
21 adopted children and biological children, stepchildren,
22 grandchildren, great-grandchildren, and any other lineal
23 descendent of such individual.
24 c. “Successor” means the same as defined in section 633.356.
25 d. “Trustee” means the same as defined in section 633.3.
26 Sec. 2. Section 144.24, subsection 2, Code 2023, is amended
27 to read as follows:
28 2. Following substitution of the original certificate of
29 birth with a new certificate of birth, the original certificate
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30 and the evidence of adoption, paternity, legitimation, or sex
31 change shall not be subject to inspection except under order of
32 a court of competent jurisdiction, including but not limited
33 to an order issued pursuant to section 600.16A, as provided in
34 section 144.23A or 144.24A, or as provided by administrative
35 rule for statistical or administrative purposes only.
1 Sec. 3. Section 144.24A, Code 2023, is amended by adding the
2 following new subsection:
3 NEW SUBSECTION. 8. If an original certificate of birth
4 is reestablished pursuant to section 144.23A, the adopted
5 person or the entitled person who meets the requirements of
6 this section may apply for and obtain a noncertified copy of
7 the reestablished original certificate of birth of the adopted
8 person who is the subject of the original certificate of birth
9 subject to compliance with the requirements of this section
10 relating to the issuance of a noncertified copy of an original
11 certificate of birth.
______________________________ ______________________________
AMY SINCLAIR PAT GRASSLEY
President of the Senate 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


Statutes affected:
Introduced: 144.24, 600.16A
Enrolled: 144.24, 600.16A