Current through Register Vol. 46, No. 19, March 20, 2024
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 Iowa Code
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
rule, including with any required redaction of personally identifiable
information pursuant to Iowa Code section
144.24A(2).
(1) Entitlement.
a. 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 18 years of age at the time the application is
filed.
b. 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.
(2) The adopted
person or the entitled person requesting a noncertified copy of the original
certificate of birth shall file a written application with the state registrar
on a form and in the manner prescribed by the state registrar.
(3) Upon receipt of the written application,
proof of identification pursuant to paragraph 95.9(3)"a," and
payment of a fee pursuant to paragraph 95.6(1)"b," the state
registrar shall issue a noncertified copy of the original certificate of birth
to the applicant in accordance with this rule, including with any required
redaction of personally identifiable information pursuant to Iowa Code section
144.24A(2).
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 including with any required redaction of
personally identifiable information pursuant to Iowa Code section
144.24A(2).
a. A biological parent may file a contact
preference form prescribed by the state registrar in accordance with the
provisions outlined in Iowa Code section
144.24A(2)
and state the biological parent's preference
for 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 rule. The contact preference form shall be provided to the
biological parent in accordance with Iowa Code 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.
b. A biological parent may file a medical
history form prescribed by the state registrar in accordance with the
provisions outlined in Iowa Code section
144.24A(3)
and provide medical history of the
biological parent and any blood relatives. The medical history form shall be
provided to the biological parent in accordance with Iowa Code 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.
c. Upon receipt ofa completed contact
preference form or medical history form, the state registrar shall attach any
such completed form to the original certificate of birth.
d. For the purposes of this rule, "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.
e. An application
may be submitted under this rule 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 rule, if the adopted person who is the subject of the
original certificate of birth was born before January 1, 1971.
f. Beginning January 1, 2022, an application
may be submitted under this rule 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 rule, notwithstanding the date of birth of the adopted
person who is the subject of the original certificate of birth prescribed under
paragraph 95.14(3)
"b."
This rule is intended to implement Iowa Code sections
144.24A
and
600A.4.
