Section 641.100.3. Declaration of paternity registry established.

Pursuant to Iowa Code section 144.12A, there is established in the department a registry for the declaration of paternity of a putative father who wishes to register prior to the birth of a child and no later than the date of the filing of the petition for termination of parental rights.

       100.3(1) The putative father who files a Declaration of Paternity Registry form with the state registrar shall provide the following:

        a.           Registrant’s name, current address, social security number, and notarized signature and date signed;

        b.           The name, last-known address, and social security number, if known, of the mother of the child; and

        c.           The name of the child, if known, and the date and location of the birth of the child, if known.

       100.3(2) The putative father who files the Declaration of Paternity Registry form shall be responsible to notify the state registrar in writing of any change in address.

       100.3(3) The state registrar shall forward a copy of the declaration of paternity to the mother as notification that the person has registered, if the mother’s name and address have been provided.

       100.3(4) There shall be no fee required to file the declaration of paternity.

       100.3(5) A fee as established pursuant to rule 641—95.6(144) shall be charged and remitted for conducting a search of the registry. The fee shall be retained for the search.

       100.3(6) Upon written request and remittance of the required fee, the department shall conduct a search of the registry. Written requests may be submitted by only:

        a.           The biological mother of the child;

        b.           A court;

        c.           The department of human services;

        d.           The child support recovery unit for an action to establish paternity or support; or

        e.           The attorney of any party to an adoption, termination of parental rights, or establishment of paternity or support action.

       100.3(7) If a declaration of paternity is on file, the department shall provide the name, address, and social security number of a registrant to the following:

        a.           The biological mother of the child;

        b.           A court;

        c.           The department of human services;

        d.           The child support recovery unit for an action to establish paternity or support; or

        e.           The attorney of any party to an adoption, termination of parental rights, or establishment of paternity or support action.

       100.3(8) If no declaration of paternity is on file, a written statement to that effect shall be provided to the person making the inquiry.

       100.3(9) Information from the declaration of paternity registry shall not be divulged to any person other than those listed in subrule 100.3(6) and shall be considered a confidential record as to any other person, except upon order of the court for good cause shown.

       100.3(10) Information provided to the registry may be revoked by the registrant by the submission of a written statement, signed and acknowledged by the registrant before a notary public.

        a.           The statement shall include a declaration that to the best of the registrant’s knowledge:

       (1)             The registrant is not the father of the named child; or

       (2)             That paternity of the true father has been established.

        b.           Revocation shall nullify the registration, and the information provided by the registrant shall be expunged.

        c.           Revocation is effective only following the birth of the child.

       100.3(11) The Declaration of Paternity Registry form shall be available from the state registrar of vital records or the county registrar.

       100.3(12) The declaration of paternity registry does not constitute an affidavit of paternity filed pursuant to Iowa Code section 252A.3A. Declarations filed shall be maintained in a registry separate and distinct from the affidavit of paternity registry.

       100.3(13) A declaration of paternity filed with the registry may be used as evidence of paternity in an action to establish paternity or to determine a support obligation with respect to the putative father.

       100.3(14) Failure or refusal to file a declaration of paternity shall not be used as evidence to avoid a legally established obligation of financial support for a child.

[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter]