Iowa Code

Iowa Code § 144.23 (2026)

State registrar to establish new certificate of birth

✓ current as of July 2026

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1. The state registrar shall establish a new certificate of birth for a person born in this state, when the state registrar receives the following: a. An adoption report as provided in section 144.19, or a certified copy of the decree of adoption together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth. b. A request that a new certificate be established and evidence proving that the person for whom the new certificate is requested has been legitimated, or that a court of competent jurisdiction has determined the paternity of the person.\n\nTue Dec 09 22:26:36 2025 Iowa Code 2026, Chapter 144 (52, 1) §144.23, VITAL STATISTICS 10\n\n 2. Pursuant to section 4.1A, a new certificate of birth established under subsection 1 shall include a designation of sex of the person at birth. [C24, 27, 31, 35, 39, §2406; C46, 50, 54, 58, 62, 66, §144.21, 144.44; C71, 73, 75, 77, 79, 81, §144.23] 2002 Acts, ch 1040, §1, 5; 2005 Acts, ch 89, §12; 2025 Acts, ch 1, §4 Referred to in §144.23A, 144.24, 600.13 Section amended

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2003–2024 · leading case: Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013).

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Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). · cites it 4× “The Department refused to place the name of the nonbirthing spouse in a lesbian marriage on the birth certificate without the spouse first adopting the child, pursuant to Iowa Code section 144.23(1). The Department indicated: “The system for registration of births in Iowa…”

Varnum v. Brien, 763 N.W.2d 862 (Iowa 2009). · cites it 2× “2d at 317 (suggesting heightened scrutiny is applicable to gender classifications), with Iowa Code § 144.23 (providing legal procedure to obtain new birth certificate indicating change in gender).”

Kayla Gore v. William Lee, 107 F.4th 548 (6th Cir. 2024). · cites it 2× “7 (a)(4); Iowa Code § 144.23 ; Md. Code Ann., Health-Gen § 4-211 (b); Mass.”

In Re RW Heilig, 816 A.2d 68 (Md. 2003). “7 (2002) (physician affidavit and surgery required; registrar can require additional information); 410 III Comp Stat 535/17 (2002) (same); Iowa Code § 144.23 (2002) (physician affidavit and surgery “or other treatment”); La Rev Stat.”

Katherine Varnum, Patricia Hyde, Dawn Barbouroske, Jennifer Barbouroske, Jason Morgan, Charles Swaggerty, David Twombley, Lawrence Hoch, William M. Musser, Otter Dreaming, Ingrid Olson, & Reva Evans Vs. Timothy J. Brien, In His Off. Capacities As The Polk Cnty. Recorder & Polk Cnty. Registrar (Iowa 2009). · cites it 2× “2d at 317 (suggesting heightened scrutiny is applicable to gender classifications), with Iowa Code § 144.23 (providing legal procedure to obtain new birth certificate indicating change in gender).”

— Iowa Code § 144.23(1) — 1 case

Heather Martin Gartner & Melissa Gartner, Individually & as Next Friends of Mackenzie Jean Gartner, a Minor Child v. Iowa Dep't of Pub. Health, 830 N.W.2d 335 (Iowa 2013). “The Department refused to place the name of the nonbirthing spouse in a lesbian marriage on the birth certificate without the spouse first adopting the child, pursuant to Iowa Code section 144.23(1). The Department indicated: “The system for registration of births in Iowa…”

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