Iowa Code r. 641-99.18 - Certificate of live birth following recision of paternity affidavit or disestablishment of paternity

(1) An application to rescind a voluntary paternity affidavit shall be made on the Recision of Paternity Affidavit form by either the birth mother or the putative father who originally completed and signed the Voluntary Paternity Affidavit form pursuant to Iowa Code section 252A.3A.

a. The completed Recision of Paternity Affidavit form shall be notarized and received by the state registrar within the earlier of either 60 days from the latest notarized parental signature on the original Voluntary Paternity Affidavit form or entry of a court order regarding the child by the Iowa child support recovery unit pursuant to Iowa Code section 252A.3A.

b. Acceptance of the completed Recision of Paternity Affidavit form shall remove the alleged biological father's information from the certificate of live birth and rescind the voluntary paternity affidavit.

c. The child's last name shall revert to the last name as it was listed on the certificate of live birth prior to the voluntary paternity affidavit.

d. The state registrar shall send a written notice of the recision to the last-known address of the signatory of the voluntary paternity affidavit who did not sign the Recision of Paternity Affidavit form.

e. After the completed Recision of Paternity Affidavit form has been accepted and processed, the state registrar shall not accept any subsequent Voluntary Paternity Affidavit forms signed by the same mother and putative father relating to the same child pursuant to Iowa Code section 252A.3A.

(2) Upon receipt of a court-ordered disestablishment of paternity, the father's information shall be removed from the certificate of live birth. The child's last name shall revert to the last name as it was listed on the certificate of live birth prior to the establishment of paternity.

(3) An administrative fee shall be charged and remitted pursuant to rule 641-95.6 (144).

(4) The county registrar and the state registrar shall seal the original certificate of live birth. The state registrar shall place the recision of paternity information in the same sealed file as the original certificate of live birth and all previous related documents. 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.

(5) The new certificate of live birth shall not be marked "amended."

(6) The new certificate of live birth shall be on file at the county registrar's office pursuant to rule 641-95.7 (144).

(7) Any incorrect certified copies of the child's certificate of live birth shall be surrendered for replacement at no cost. Additional certified copies of the new certificate of live birth shall be acquired upon receipt of a notarized application, legible copy of a current government-issued photo identification or other identification documents acceptable to the state registrar and payment of the fee pursuant to rule 641-95.6 (144).

Notes

Iowa Code r. 641-99.18

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

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