Section 641.99.15. Establishment of new certificate of live birth following a birth by gestational surrogate arrangement.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(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.

       99.15(12) The new certificate of live birth shall not be marked “amended.”

       99.15(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).

       99.15(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).

[ARC 0483C, IAB 12/12/12, effective 1/16/13; see Delay note at end of chapter; ARC 1075C, IAB 10/2/13, effective 11/6/13]