Summary
Adult adopted people in Iowa do not have an unrestricted right to request and obtain their own original birth certificates. Under a new law effective May 19, 2021, birthparents may redact information on the record and, until January 1, 2022, only adoptees born prior to January 1, 1971, may apply for and request their own original birth record.
Other adoption records may be inspected, and the court may release the names of birth parents, but only if an adoptee petitions the court and shows good cause for the release of the information. A birth parent, however, may file an affidavit with the court to “reveal or not reveal the parent’s identity.” Good cause to reveal the identity of a birth parent is not required for an adoption finalized before July 4, 1941, and whose adoption record was not required to be sealed at the time when the adoption record was completed. An affidavit of a birth parent, however, is still considered by the court in making a decision to release identifying information.
Identifying information may also be available to adult adoptees through Iowa’s mutual consent adoption registry.
Relevant Iowa Law: Original Birth Certificate
Note: the following includes provisions of a new law, effective May 19, 2021.
144.19. Adoption certificate
For each adoption decreed by any court in this state, the court shall require the preparation of a certificate of adoption on a form prescribed and furnished by the state registrar. The certificate shall include a report of the facts necessary to locate and identify the certificate of birth of the person adopted, provide information necessary to establish a new certificate of birth of the person adopted, identify the order of adoption, and be certified by the clerk of the court. A fee established by the department by rule based on average administrative cost shall be collected for the preparation of a certificate of adoption. Fees collected under this section shall be deposited in the general fund of the state.
144.23. State registrar to issue new certificate
The state registrar shall establish a new certificate of birth for a person born in this state, when the state registrar receives the following:
1. An adoption report as provided in section 144.19, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth.
2. A request that a new certificate be established and evidence proving that the person for whom the new certificate is requested has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person.
3. A notarized affidavit by a licensed physician and surgeon or osteopathic physician and surgeon stating that by reason of surgery or other treatment by the licensee, the sex designation of the person has been changed. The state registrar may make a further investigation or require further information necessary to determine whether a sex change has occurred.
144.24 Substituting New for Original Birth Certificates — Inspection
1. If a new certificate of birth is established, the actual place and date of birth shall be shown on the certificate. The certificate shall be substituted for the original certificate of birth.
2. Following substitution of the original certificate of birth with a new certificate of birth, the original certificate and the evidence of adoption, paternity, legitimation, or sex change shall not be subject to inspection except under order of a court of competent jurisdiction, including but not limited to an order issued pursuant to section 600.16A, as provided in section 144.24A, or as provided by administrative rule for statistical or administrative purposes only.
3. Notwithstanding subsection 2, the state registrar shall, upon the application of an adult adopted person, a biological parent, an adoptive parent, or the legal representative of the adult adopted person, the biological parent, or the adoptive parent, inspect the original certificate and the evidence of adoption and reveal to the applicant the date of the adoption and the name and address of the court which issued the adoption decree.
Editor’s note: the following section 144.24A is new, effective May 19, 2021.
144.24A. Access to original certificate of birth—application—contact preference form—medical history form—fees.
1. 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 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, 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 , 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) “l 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) “l 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) “l 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) “l 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”.
144.25A Certificate of birth—foreign and international adoptions.
The department shall adopt rules pursuant to chapter 17A to establish a procedure for the issuance of a certificate of birth for children adopted pursuant to section 600.15.
Relevant Iowa Law: Adoption Records
600.16A Termination and adoption records closed — exceptions — penalty
1. The permanent termination of parental rights record of the juvenile court under chapter 600A and the permanent adoption record of the juvenile court or court shall be sealed by the clerk of the juvenile court or the clerk of court, as appropriate, when they are complete and after the time for appeal has expired.
2. With the exception of access to the original certificate of birth as provided in section 144.24A, all papers and records pertaining to a termination of parental rights under chapter 600A and to an adoption shall not be open to inspection and the identity of the biological parents of an adopted person shall not be revealed except under any of the following circumstances:
a. An agency involved in placement shall contact the adopting parents or the adult adopted child regarding eligibility of the adopted child for benefits based on entitlement of benefits or inheritance from the terminated biological parents.
b. The juvenile court or court, for good cause, shall order the opening of the permanent adoption record of the juvenile court or court for the adopted person who is an adult and reveal the names of either or both of the biological parents following consideration of both of the following:
(1) A biological parent may file an affidavit requesting that the juvenile court or court reveal or not reveal the parent’s identity. The juvenile court or court shall consider any such affidavit in determining whether there is good cause to order opening of the records. To facilitate the biological parents in filing an affidavit, the department shall, upon request of a biological parent, provide the biological parent with an adoption information packet containing an affidavit for completion and filing with the juvenile court or court.
(2) If the adopted person who applies for revelation of the biological parents’ identity has a sibling who is a minor and who has been adopted by the same parents, the juvenile court or court may deny the application on the grounds that revelation to the applicant may also indirectly and harmfully permit the same revelation to the applicant’s minor sibling.
c. A biological sibling of an adopted person may file or may request that the department file an affidavit in the juvenile court or court in which the adopted person’s adoption records have been sealed requesting that the juvenile court or court reveal or not reveal the sibling’s name to the adopted person. The juvenile court or court shall consider any such affidavit in determining whether there is good cause to order opening of the records upon application for revelation by the adopted person. However, the name of the biological sibling shall not be revealed until the biological sibling has attained majority.
d. The juvenile court or court may, upon competent medical evidence, open termination or adoption records if opening is shown to be necessary to save the life of or prevent irreparable physical or mental harm to an adopted person or the person’s offspring. The juvenile court or court shall make every reasonable effort to prevent the identity of the biological parents from becoming revealed under this paragraph to the adopted person. The juvenile court or court may, however, permit revelation of the identity of the biological parents to medical personnel attending the adopted person or the person’s offspring. These medical personnel shall make every reasonable effort to prevent the identity of the biological parents from becoming revealed to the adopted person.
3.a. In addition to other procedures by which adoption records may be opened under this section, if both of the following conditions are met, the department, the clerk of court, or the agency which made the placement shall open the adoption record for inspection and shall reveal the identity of the biological parents to the adult adopted child or the identity of the adult adopted child to the biological parents:
(1) A biological parent has placed in the adoption record written consent to revelation of the biological parent’s identity to the adopted child at an age specified by the biological parent, upon request of the adopted child.
(2) An adult adopted child has placed in the adoption record written consent to revelation of the identity of the adult adopted child to a biological parent.
b. A person who has placed in the adoption record written consent pursuant to paragraph “a”, subparagraph (1) or (2) may withdraw the consent at any time by placing a written withdrawal of consent statement in the adoption record.
c. Notwithstanding the provisions of this subsection, if the adult adopted person has a sibling who is a minor and who has also been adopted by the same parents, the department, the clerk of court, or the agency which made the placement may deny the request of either the adult adopted person or the biological parent to open the adoption records and to reveal the identities of the parties pending determination by the juvenile court or court that there is good cause to open the records pursuant to subsection 2.
4. An adopted person whose adoption became final prior to July 4, 1941, and whose adoption record was not required to be sealed at the time when the adoption record was completed, shall not be required to show good cause for an order opening the adoption record under this subsection, provided that the juvenile court or court shall consider any affidavit filed under this subsection.
5. Notwithstanding subsection 2, a termination of parental rights order issued pursuant to this chapter, section 600A.9, or any other chapter shall be disclosed to the child support recovery unit, upon request, without court order.
6. Any person, other than the adopting parents or the adopted person, who discloses information in violation of this section, is guilty of a simple misdemeanor.
Relevant Iowa Law: Identifying Information
144.43A. Mutual Consent Voluntary Adoption Registry
1. In addition to other procedures by which birth certificates may be inspected under this chapter, the state registrar shall establish a mutual consent voluntary adoption registry through which adult adopted children, adult siblings, and the biological parents of adult adoptees may register to obtain identifying birth information.
2. If all of the following conditions are met, the state registrar shall reveal the identity of the biological parent to the adult adopted child or the identity of the adult adopted child to the biological parent, shall notify the parties involved that the requests have been matched, and shall disclose the identifying information to those parties:
a. A biological parent has filed a request and provided consent to the revelation of the biological parent’s identity to the adult adopted child, upon request of the adult adopted child.
b. An adult adopted child has filed a request and provided consent to the revelation of the identity of the adult adopted child to a biological parent, upon request of the biological parent.
c. The state registrar has been provided sufficient information to make the requested match.
3. Notwithstanding the provisions of this section, if the adult adopted person has a sibling who is a minor and who has also been adopted, the state registrar shall not grant the request of either the adult adopted person or the biological parent to reveal the identities of the parties.
4. If all of the following conditions are met, the state registrar shall reveal the identity of the adult adopted child to an adult sibling and shall notify the parties involved that the requests have been matched, and disclose the identifying information to those parties:
a. An adult adopted child has filed a request and provided consent to the revelation of the adult adopted child’s identity to an adult sibling.
b. The adult sibling has filed a request and provided consent to the revelation of the identity of the adult sibling to the adult adopted child.
c. The state registrar has been provided with sufficient information to make the requested match.
5. A person who has filed a request or provided consent under this section may withdraw the consent at any time prior to the release of any information by filing a written withdrawal of consent statement with the state registrar. The adult adoptee, adult sibling, and biological parent shall notify the state registrar of any change in the information contained in a filed request or consent.
6. The state registrar shall establish a fee by rule based on the average administrative costs for providing services under this section.
So this would be a difficult process? I have made contact through AncestryDNA with what I think is a sibling, also adopted from a different state. We are shown to be immediate family.
In Iowa it is likely a very difficult process to get an original birth certificate. Actually, the process of petitioning and requesting the court to release the document is not difficult. But the likelihood you would receive it without some other circumstance (consent of the birthparent for instance) is very low. Iowa is a very restricted state. Feel free to email me at [email protected] if you want, particularly if your Ancestry match is a sibling. Depending on the state of birth/adoption of the sibling, there may be a way to get records in a different state and, from there, start work on Iowa. But, again, Iowa is very difficult to get identifying information except through a match on the registry.
I am the daughter of an adult adopted child. My father was taken when he was 3 years old with all his siblings from their bio mom, and the two eldest children were placed in an orphanage, and the two youngest (my father and his baby sister) were placed in a home the same day and were adopted together.
We know now because my bio cousin (the eldest son’s daughter) found us in the late 80’s.
Now with the exception of my aunt (The baby sister) are all deceased from the original family. Both my grandparents, and the two eldest boys!
How can I help my father attain copies of all the adoptions?
My father is 81 years old and not in the best of health. So he can not travel.
Please help!
I know who my Biological mother is I lived with her until I was 18 and became an adult. My step father Adopted me in 1965 either before or after he married my mother, I have know since I was about 6 or 7 I was adopted and who my father was., when he was born, where he used to live up to the time of his passing. I want to get my birth certificate with my real last name not my adopted name. How can I obtain that in Iowa??
If an adoptee (born in the early 1940s) does not care whether her birth certificate is reverted to the original, but just would like to know who her birth father was, will the state of Iowa reveal her birth and adoption information? Ancestry DNA has brought some of the birth siblings together, so we know who their birth mother was. The birth mother gave up several children fathered by different men so we don’t know who her birth father was. The birth parents would be 100 or more and the remaining siblings are over 70, so getting the information should not cause harm to anyone.
Unfortunately, it would take a court order in Iowa to get identifying information about a birth father, if the birth father is even listed on an original birth certificate or in adoption court records. Many “illegitimate” births in the era of these adoptions did not record the father’s name. Until Iowa changes its law, your best best is to continue working with DNA to identify who it may be. There is an effort to change the law in Iowa and I encourage people to get involved. More information about legislative efforts is here.
Can I receive my original birth certificate if I was adopted as a child but had an open adoption
Not upon request under Iowa law. It doesn’t matter if the adoption was “open” or closed. Once a new amended birth certificate is issued, the original is sealed and available only by court order. Some birthparents may have kept a copy of the OBC before it was sealed, but once sealed in Iowa it is very difficult to get a copy.
I had an adoption affidavit notarized and a letter to go with it explaining just cause for opening my grandfather’s sealed adoption records in Iowa. My intent was to mail it to the clerk of courts tomorrow but I saw your page and have decided to halt the letter. My grandfather has his original birth certificate with a father listed. He was named after the father but I question whether a paternity test had been done or if this guy even knew about my grandfather. Unwed mother and this guy’s name was in the local paper several times within the timeframe of my grandfather’s birth. It would be nice to find out more information especially since this guy died of a brain tumor in his 50’s. Both biological parents are deceased and my grandfather is in his 70’s. I thought there was a chance to get his records opened but it sounds like the law will need to change first.
If I believe through DNA and family information that my mother who is now no longer living and I want a record of proof to validate that my birth family is accurate…how do I request a copy through the courts. If my mother died in a car wreck and potentially my father is also deceased or unknown from my research so far, does that make it easier to obtain? I would also like family medical history for my daughters, so we know how to care for them better as I have a few things that can be passed down and need to know of any others.
I was born in Iowa in 1953, I know who my birth parents were and they are both deceased. I am in contact with all of my biological families. Before my mother passed, she told me that she did not list my father’s name on my original birth certificate. Is there a way for me to have it put on the original certificate? Since they are both deceased would it be possible to get a copy of the original? I don’t really need it, but I would like to have my father’s name on the original. Thank you.
What is considered “good cause” for getting the Iowa court to open the record?
I would like to know as well, What is “good cause” for getting the Iowa court to open the record?
The House and the Senate in April of 2021 have voted unanimously to allow adoptees access to their Original Birth Certificates, it is waiting on the signature of the governor. There will be an announcement phase of six months for birth parents to opt to have their names redacted. I believe adoptions before 1971 will not have that requirement.
It’s unclear about any “waiting period” to file redaction requests. The language of the bill—not yet sent to the governor—is ambiguous and it will be up to the Department of Health to interpret how to implement the law once it is enacted. Here’s a FAQ on the bill and its impact. Whatever the outcome, the bill creates a literal scramble to file first, whether the adopted person or the adopted person’s birthparent.
I see that the law was signed, and in view of that, how would one go about amending the certificate to have a father added (when the father is deceased). The copy we receive will be an unofficial copy. I wouldn’t know where to go first to start this.
That’s a complicated question that an Iowa attorney would need to consider. It is typically very hard to amend a sealed birth record to add a parent after the child is an adult. I’m not saying it can’t be done—and some states may allow it—but it’s something you should ask a lawyer who is licensed to practice law in Iowa. Sorry I’m not more help.
Thank you for answering so quickly. I suspected that might be what you had to say, but needed to be sure before I try to embark on this journey. I appreciate your thoughts!
My completed “Application to Request a Noncertified Copy of Original Certificate of Birth Prior to Adoption” (YIKES!), a copy of my license to drive, and $15.00 are on their way to Des Moines. The website indicates a six-week processing period, but that is “as of” May when the law first went into effect… so I assume it is a hunch. We will see what happens next.