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 theclerk of the juvenile court or the clerk of court, as appropriate, when they are complete andafter 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 of the papers and records pertaining to a termination of parental rights underchapter 600A and to an adoption shall not be open to inspection and the identity of thebiological parents of an adopted person shall not be revealed except under any of thefollowing circumstances: a. The department or an adoption service provider involved in placement shall contact the adopting parents or the adult adopted child regarding eligibility of the adopted childfor benefits based on entitlement of benefits or inheritance from the terminated biologicalparents. 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 eritance from the terminated biologicalparents. 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 andreveal the names of either or both of the biological parents following consideration of bothof 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 anysuch 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 requestof a biological parent, provide the biological parent with an adoption information packetcontaining 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 courtor court may deny the application on the grounds that revelation to the applicant may alsoindirectly and harmfully permit the same revelation o has been adopted by the same parents, the juvenile courtor court may deny the application on the grounds that revelation to the applicant may alsoindirectly 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 recordshave been sealed requesting that the juvenile court or court reveal or not reveal the sibling’sname to the adopted person. The juvenile court or court shall consider any such affidavit indetermining whether there is good cause to order opening of the records upon applicationfor revelation by the adopted person. However, the name of the biological sibling shall notbe 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 preventirreparable physical or mental harm to an adopted person or the person’s offspring. al evidence, open termination or adoption records if opening is shown to be necessary to save the life of or preventirreparable physical or mental harm to an adopted person or the person’s offspring. Thejuvenile court or court shall make every reasonable effort to prevent the identity of thebiological 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 biologicalparents to medical personnel attending the adopted person or the person’s offspring. Thesemedical personnel shall make every reasonable effort to prevent the identity of the biologicalparents from becoming revealed to the adopted person. e. Subject to section 235A.15, the juvenile court or court shall order the opening of the permanent adoption record of the juvenile court or court, the permanent termination ofparental rights record under chapter 232, or both, pertaining to an adopted person who isan adult, upon request of the adopted person if the parents of the adopted person had theirparental rights terminated pursuant to chapter 232. 3. a. 32, or both, pertaining to an adopted person who isan adult, upon request of the adopted person if the parents of the adopted person had theirparental rights terminated pursuant to chapter 232. 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 adoption service provider that made the placement shall open the adoption record forinspection and shall reveal the identity of the biological parents to the adult adopted child orthe identity of the adult adopted child to the biological parents: (1) A biological parent has placed in the adoption record written consent to revelation Sat Dec 23 11:13:42 2023 Iowa Code 2024, Section 600.16A (24, 1) §600.16A, ADOPTION 2 of the biological parent’s identity to the adopted child at an age specified by the biologicalparent, 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', on 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 writtenwithdrawal 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 adoption service provider that made the placement may deny therequest of either the adult adopted person or the biological parent to open the adoptionrecords and to reveal the identities of the parties pending determination by the juvenile courtor 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 wascompleted, shall not be required to show good cause for an order opening the adoptionrecord under this subsection, provided that the juvenile court or court shall the time when the adoption record wascompleted, shall not be required to show good cause for an order opening the adoptionrecord under this subsection, provided that the juvenile court or court shall consider anyaffidavit 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 child support services,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. 92 Acts, ch 1142, §2; 92 Acts, ch 1196, §4; 94 Acts, ch 1046, §17; 2000 Acts, ch 1145, §19 – 21; 2001 Acts, ch 79, §3; 2005 Acts, ch 112, §19; 2013 Acts, ch 30, §182; 2017 Acts, ch 113, §11– 13; 2021 Acts, ch 113, §4; 2022 Acts, ch 1096, §10; 2023 Acts, ch 19, §1248 Referred to in §144.24, 237.21, 238.24, 600.16BSubsection 5 amended Sat Dec 23 11:13:42 2023 Iowa Code 2024, Section 600.16A (24, 1)
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