Iowa Code

Iowa Code § 144.40 (2026)

Paternity of children — birth certificates

✓ current as of July 2026

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Upon request and receipt of an affidavit of paternity completed and filed pursuant to section 252A.3A, or a certified copy or notification by the clerk of court of a court or administrative order establishing paternity, the state registrar shall establish a new certificate of birth to show paternity if paternity is not shown on the birth certificate. Upon written request of the parents on the affidavit of paternity, the surname of the child may be changed on the certificate to that of the father. The certificate shall not be marked “amended”. The original certificate and supporting documentation shall be maintained in a sealed file; however, a photocopy of the paternity affidavit filed pursuant to section 252A.3A and clearly labeled as a copy may be provided to a parent named on the affidavit of paternity. [C24, 27, 31, 35, 39, §2406; C46, 50, 54, 58, 62, 66, §144.21; C71, 73, 75, 77, 79, 81, §144.40; 81 Acts, ch 64, §8] 93 Acts, ch 79, §10; 94 Acts, ch 1171, §4; 2005 Acts, ch 89, §13 Referred to in §144.23A, 144.38, 144.41

Notes of Decisions

Cited in 4 cases, 1994–2009 · leading case: Braunschweig v. Fahrenkrog, 773 N.W.2d 888 (Iowa 2009).

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Braunschweig v. Fahrenkrog, 773 N.W.2d 888 (Iowa 2009). · cites it 16× “Iowa Code § 144.40 (“Upon ... notification by the clerk of court of a court or administrative order establishing paternity, the state registrar shall amend a certificate of birth to show paternity if paternity is not shown on the birth certificate.”

In Re the Marriage of Halvorsen, 521 N.W.2d 725 (Iowa 1994). · cites it 2× “See Iowa Code § 144.40 (1989). After he was named as the father on the revised birth certificate, he promptly filed for dissolution of marriage.”

Crouse v. Crouse, 1996 SD 95 (S.D. 1996). “Iowa Code Ann § 144.40 (West 1981)(before 1993 and 1994 amendments) (emphasis added).”

Joshua Richard Braunschweig Vs. Summer Rae Fahrenkrog, F/k/a Summer Rae Frank (Iowa 2009). · cites it 15× “2Braunschweig’s action to place his name on the birth certificate was unnecessary as the decree established his paternity and, upon his request with a certified copy of the decree, the state registrar is required to issue a new birth certificate reflecting his status as the…”

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