IOWA STATUTES AND CODES
144.12A - DECLARATION OF PATERNITY REGISTRY.
144.12A DECLARATION OF PATERNITY REGISTRY.
1. As used in this section, unless the context otherwise
requires:
a. "Child" means a person under eighteen years of age for
whom paternity has not been established.
b. "Court" means the juvenile court.
c. "Father" means the male, biological parent of a child.
d. "Putative father" means a man who is alleged to be or who
claims to be the biological father of a child born to a woman to whom
the man is not married at the time of the birth of the child.
e. "Registrant" means a person who has registered pursuant to
this section and who claims to be the father of a child.
f. "Registrar" means the state registrar of vital statistics.
g. "Registry" means the declaration of paternity registry
established in this section.
2. a. The registrar shall establish a declaration of
paternity registry to record the name, address, social security
number, and any other identifying information required by rule of the
department of a putative father who wishes to register under this
section prior to the birth of a child and no later than the date of
the filing of the petition for termination of parental rights.
b. The declaration does not constitute an affidavit of
paternity filed pursuant to section 252A.3 and declarations filed
shall be maintained by the registrar in a registry distinct from the
registry used to maintain affidavits of paternity filed pursuant to
section 252A.3. 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.
c. 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.
3. A person who files a declaration of paternity with the
registrar shall include in the declaration all of the following:
a. The person's name, current address, social security
number, and any other identifying information requested by the
department. If the person filing the declaration of paternity
changes the person's address, the person shall notify the registrar
of the new address in a manner prescribed by the department.
b. The name, last known address, and social security number,
if known, of the mother of the child, or any other identifying
information requested by the department.
c. The name of the child, if known, and the date and location
of the birth of the child, if known.
d. The registrar shall accept a declaration of paternity
filed in accordance with this section.
e. The registrar shall forward a copy of the declaration to
the mother as notification that the person has registered with the
registry.
f. The registrar shall accept and immediately register, upon
receipt, a declaration of paternity without a fee and without the
signature of the biological mother. The registrar may charge a
reasonable fee as established by rule of the department for
processing searches of the registry.
4. The department shall, upon request, provide the name, address,
social security number, and any other identifying information of a
registrant to the biological mother of the child; a court; the
department of human services; the attorney of any party to an
adoption, termination of parental rights, or establishment of
paternity or support action; or to the child support recovery unit
for an action to establish paternity or support. The information
shall not be divulged to any other person and shall be considered a
confidential record as to any other person, except upon order of the
court for good cause shown. If the registry has not received a
declaration of paternity, the department shall provide a written
statement to that effect to the person making the inquiry.
5. a. Information provided to the registry may be revoked by
the registrant by submission of a written statement signed and
acknowledged by the registrant before a notary public.
b. The statement shall include a declaration that to the best
of the registrant's knowledge, the registrant is not the father of
the named child or that paternity of the true father has been
established.
c. Revocation nullifies the registration and the information
provided by the registrant shall be expunged.
d. Revocation is effective only following the birth of the
child.
6. The department shall adopt rules necessary to implement and
administer this section. The rules shall include establishment of
sites throughout the state for local distribution of declaration of
paternity registration forms. Section History: Recent Form
94 Acts, ch 1174, §2; 95 Acts, ch 67, § 12
Referred to in § 22.7, 233.2, 252K.201, 600A.6, 600A.7
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