Current through Register Vol. 47, No. 6, September 18, 2024
(1) All
live births shall be considered the product of the woman who delivered the live
infant and shall be filed in the standard manner, with that woman named as the
birth mother on the original record submitted for registration.
(2) For the purpose of filing for
registration the record of a live birth by a gestational surrogate, the
institution's or non-institution's person responsible for filing the
certificate of live birth shall:
a. Notify the
state registrar of the birth of a child pursuant to a gestational surrogate
arrangement;
b. Follow directives
for completion of the official birth worksheet;
c. Submit the birth record for registration
based on the birth mother's information; and
d. Notify the state registrar when the birth
record has been submitted for registration.
(3) In addition, the institution's or
non-institution's person responsible for filing the record for registration
shall:
a. Provide the prenatal and medical
data on the medical portion of the birth worksheet pertinent to the pregnancy
and the birth mother's prenatal care;
b. Waive all birth registration and copy fees
as collected on behalf of the state registrar;
c. Indicate on the registration that the
birth mother does not have custody of the infant;
d. Assist in advising the intended parents of
the procedures required to file the original birth record for registration and
to reestablish the record to reflect the intended parents' information;
and
e. Advise the birth mother to
complete the mother's portion of the birth worksheet and to mark "no" for the
social security card for the child.
(4) Two intended parents-both intended
parents are biological parents to the child. If the intended mother is the egg
donor and the intended father is the sperm donor to the child being carried by
the gestational surrogate:
a. After the birth
of the child, the intended parents shall petition a court of competent
jurisdiction to establish legal paternity and maternity of the child.
b. The court shall enter an order requiring
the state registrar to reestablish the certificate of live birth naming the
intended mother and father as the legal mother and father and requiring the
state registrar to seal the original birth certificate and all related
documentation.
c. The court order
shall:
(1) Identify the child's full name as
stated on the original certificate of live birth;
(2) State the child's date of birth and place
of birth;
(3) Identify the full
names of the birth mother and her legal spouse, if married;
(4) Disestablish the birth mother and her
legal spouse, if married, as the legal parents of the child; and
(5) Identify the intended parents' full names
prior to any marriage, full current legal names, dates of birth, birthplaces,
social security numbers, and full current residential address including
county.
d. The intended
parents or their legal representative shall:
(1) Submit a certified copy of the court
order to the state registrar;
(2)
Remit administrative and certified copy fees pursuant to rule
641-95.6 (144);
and
(3) Include a notarized written
request with mailing instructions for the certified copy of the certificate of
live birth.
(5)
Two intended parents-intended mother is biological mother to the child; her
legal spouse is not a biological parent. If the intended mother is the egg
donor but her legal spouse is not the sperm donor, the intended mother shall
petition a court of competent jurisdiction after the birth of the child to
establish legal maternity.
a. The court shall
enter an order requiring the state registrar to reestablish the certificate of
live birth naming the intended mother as the legal mother and shall require the
state registrar to seal the original certificate of live birth and all related
documents.
b. The court order
establishing legal maternity shall:
(1)
Identify the child's full name as stated on the original certificate of live
birth;
(2) State the child's date
of birth and place of birth;
(3)
Identify the full names of the birth mother and her legal spouse, if
married;
(4) Disestablish the birth
mother and her legal spouse, if married, as the legal parents of the child;
and
(5) Identify the intended
mother's full name prior to any marriage, full current name, date of birth,
birthplace, social security number, and full current residential address
including county.
c. The
intended mother or her legal representative shall:
(1) Submit a certified copy of the court
order to the state registrar;
(2)
Remit administrative and certified copy fees pursuant to rule
641-95.6 (144);
and
(3) Include a notarized written
request with mailing instructions for the certified copy of the certificate of
live birth.
(6) Two intended parents-intended father is
biological father to the child; his legal spouse is not a biological parent.
a. If the surrogate birth mother is unmarried
and the intended father is the sperm donor, the unmarried surrogate birth
mother and the intended father may complete a Voluntary Paternity Affidavit
form after the child's birth to place the intended father's name and
information on the certificate of live birth.
b. If the surrogate birth mother is married
and the intended father is the sperm donor, the married surrogate birth mother
and the intended father shall by court order disestablish the surrogate birth
mother's legal spouse as the legal parent and may complete a Voluntary
Paternity Affidavit form pursuant to Iowa Code section
144.13.
c. The court order that disestablishes the
married surrogate birth mother's legal spouse and the completed Voluntary
Paternity Affidavit form shall be submitted to the state registrar.
d. If a certified copy of the certificate of
live birth is requested, a notarized written request shall also be submitted to
the state registrar with the certified copy fee and mailing
instructions.
e. There is no
administrative fee to process the completed Voluntary Paternity Affidavit form.
f.Adoption laws shall be followed
to reestablish the certificate of live birth by establishing the nonbiological
parent on the certificate of live birth pursuant to Iowa Code chapter 600.
(7) Two intended
parents-neither biological parent to the child. If the intended parents are
neither the egg donor nor sperm donor, adoption laws shall be followed to
reestablish the certificate of live birth by disestablishing the birth mother
and her legal spouse, if any, and establishing the nonbiological parents on the
certificate of live birth pursuant to Iowa Code chapter 600.
(8) One female intended parent-biological
mother to the child. If the intended mother is the egg donor to the child being
carried by the gestational surrogate:
a. After
the birth of the child, the intended mother shall petition a court of competent
jurisdiction to establish legal maternity of the child.
b. The court shall enter an order requiring
the state registrar to reestablish the certificate of live birth naming the
intended mother as the legal mother and requiring the state registrar to seal
the original certificate of live birth and all related documentation.
c. The court order shall:
(1) Identify the child's full name as stated
on the original certificate of live birth;
(2) State the child's date of birth and place
of birth;
(3) Identify the full
names of the birth mother and her legal spouse, if married;
(4) Disestablish the birth mother and her
legal spouse, if married, as the legal parents of the child; and
(5) Identify the intended parent's full name
prior to any marriage, full current legal name, date of birth, birthplace,
social security number, and full current residential address including
county.
d. The intended
parent or her legal representative shall:
(1)
Submit a certified copy of the court order to the state registrar;
(2) Remit administrative and certified copy
fees pursuant to rule
641-95.6 (144);
and
(3) Include a notarized written
request with mailing instructions for the certified copy of the certificate of
live birth.
(9) One male intended parent-biological
father to the child.
a. If the surrogate
birth mother is unmarried and the intended father is the sperm donor, the
unmarried surrogate birth mother and the intended father may complete a
Voluntary Paternity Affidavit form after the child's birth to place the
intended father's name and information on the certificate of live
birth.
b. If the surrogate birth
mother is married and the intended father is the sperm donor, the married
surrogate birth mother and the intended father shall by court order
disestablish the surrogate birth mother's legal spouse as the legal parent and
may complete a Voluntary Paternity Affidavit form pursuant to Iowa Code section
144.13.
c. The court order that disestablishes the
married surrogate birth mother's legal spouse and the completed Voluntary
Paternity Affidavit form shall be submitted to the state registrar.
d. If a certified copy of the certificate of
live birth is requested, a notarized written request shall also be submitted to
the state registrar with the certified copy fee and mailing
instructions.
e. There is no
administrative fee to process the completed Voluntary Paternity Affidavit form.
f.If the intended father has been
established as the legal father pursuant to paragraph 99.15 (9)
"a
" or
"b " and the surrogate birth mother and the
intended father wish to remove the surrogate birth mother as the legal mother
from the certificate of live birth, the parties shall seek a court order. The
court order disestablishing legal maternity shall:
(1) Identify the child's full name as stated
on the original certificate of live birth;
(2) State the child's date of birth and place
of birth;
(3) Identify the full
name of the birth mother; and
(4)
Disestablish the birth mother as the legal parent of the child.
g. The intended parent or his legal
representative shall:
(1) Submit a certified
copy of the court order to the state registrar;
(2) Remit administrative and certified copy
fees pursuant to rule
641-95.6 (144);
and
(3) Include a notarized written
request with mailing instructions for the certified copy of the certificate of
live birth.
(10) One intended parent-not biological
parent to the child. If the intended parent is neither the egg donor nor sperm
donor, adoption laws shall be followed to reestablish the certificate of live
birth by disestablishing the birth mother and her legal spouse, if any, and
establishing the nonbiological parent on the certificate of live birth pursuant
to Iowa Code chapter 600.
(11) 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.
(12) The new certificate of live birth shall
not be marked "amended."
(13) The
new certificate of live birth shall not be on file at the county registrar's
office pursuant to rule
641-95.7
(144).
(14) A certified copy fee
and an administrative fee to replace a parent's information on a certificate of
live birth shall be charged and remitted pursuant to rule
641-95.6
(144).
