Iowa Administrative Code
Agency 641 - PUBLIC HEALTH DEPARTMENT
Chapter 97 - DEATH REGISTRATION AND DISPOSITION OF DEAD HUMAN BODIES
Rule 641-97.16 - Registration of presumptive death
Current through Register Vol. 46, No. 19, March 20, 2024
(1) A petition shall be filed with the district court in the county where the presumptive death occurred and shall be supported with the completed Affidavit of Personal Knowledge of a Missing Person form. The form shall be completed by the surviving next of kin of the deceased, or the surviving next of kin's legal representative, in the following descending order:
(2) In addition to the Affidavit of Personal Knowledge of a Missing Person form or in the absence of the next of kin, the petition may be supported by the following:
(3) The state registrar shall provide the affidavit forms and the certificate of presumptive death. The affidavits and the certificate of presumptive death shall be registered and maintained solely at the state registrar's office.
(4) Upon presentation of a certified copy of a court order, the state registrar shall file a certificate of presumptive death pursuant to Iowa Code sections 633.517 to 633.520. The order from the district court shall only establish the presumptive death record.
(5) In cases under the jurisdiction of the medical examiner, the certified copy of the court order and the completed supporting affidavits listed in subrules 97.16(1) and 97.16(2) shall be delivered to the medical examiner The medical examiner shall complete the certificate of presumptive death and certify to the cause of death.
(6) The certificate of presumptive death shall be registered and maintained solely at the state registrar's office.
(7) The certificate of presumptive death shall be recorded based on the date of the court order and shall not be registered as a delayed certificate.
(8) If the missing person is located and found to be alive, the certificate of presumptive death shall be voided and removed from the vital records system of registration. Any issued certified copies shall be surrendered to the state registrar.