FIRST REGULAR SESSION
96TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE BARNES.
1251L.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 193.125, 193.135, 193.255, and 453.121, RSMo, and to enact in lieu thereof seven new sections relating to adoption records.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 193.125, 193.135, 193.255, and 453.121, RSMo, are repealed and seven new sections enacted in lieu thereof, to be known as sections 193.125, 193.135, 193.255, 453.121, 453.510, 453.515, and 453.520, to read as follows:
193.125. 1. This section shall be known and may be cited as the "Debbi Daniel Law".
2. Except as otherwise provided in subsection 3 of this section, for each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a certificate of decree of adoption on a form as prescribed or approved by the state registrar. The certificate of decree of adoption shall include such facts as are necessary to locate and identify the certificate of birth of the person adopted, and shall provide information necessary to establish a new certificate of birth of the person adopted and shall identify the court and county of the adoption and be certified by the clerk of the court. The state registrar shall file the original certificate of birth with the certificate of decree of adoption and such file may be opened by the state registrar only upon receipt of a certified copy of an order as decreed by the court of adoption or as provided in sections 453.510 and 453.515.
3. No new certificate of birth shall be established following an adoption by a stepparent if so requested by the adoptive parent or the adoptive stepparent of the child.
4. Information necessary to prepare the report of adoption shall be furnished by each petitioner for adoption or the petitioner's attorney. The social welfare agency or any person having knowledge of the facts shall supply the court with such additional information as may be necessary to complete the report. The provision of such information shall be prerequisite to the issuance of a final decree in the matter by the court.
5. Whenever an adoption decree is amended or annulled, the clerk of the court shall prepare a report thereof, which shall include such facts as are necessary to identify the original adoption report and the facts amended in the adoption decree as shall be necessary to properly amend the birth record.
6. Not later than the fifteenth day of each calendar month or more frequently as directed by the state registrar the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require.
7. When the state registrar shall receive a report of adoption, annulment of adoption, or amendment of a decree of adoption for a person born outside this state, he or she shall forward such report to the state registrar in the state of birth.
8. In a case of adoption in this state of a person not born in any state, territory or possession of the United States or country not covered by interchange agreements, the state registrar shall upon receipt of the certificate of decree of adoption prepare a birth certificate in the name of the adopted person, as decreed by the court. The state registrar shall file the certificate of the decree of adoption, and such documents may be opened by the state registrar only by an order of court. The birth certificate prepared under this subsection shall have the same legal weight as evidence as a delayed or altered birth certificate as provided in section 193.235.
9. The department, upon receipt of proof that a person has been adopted by a Missouri resident pursuant to laws of countries other than the United States, shall prepare a birth certificate in the name of the adopted person as decreed by the court of such country. If such proof contains the surname of either adoptive parent, the department of health and senior services shall prepare a birth certificate as requested by the adoptive parents. Any subsequent change of the name of the adopted person shall be made by a court of competent jurisdiction. The proof of adoption required by the department shall include a copy of the original birth certificate and adoption decree, an English translation of such birth certificate and adoption decree, and a copy of the approval of the immigration of the adopted person by the Immigration and Naturalization Service of the United States government which shows the child lawfully entered the United States. The authenticity of the translation of the birth certificate and adoption decree required by this subsection shall be sworn to by the translator in a notarized document. The state registrar shall file such documents received by the department relating to such adoption and such documents may be opened by the state registrar only by an order of a court. A birth certificate pursuant to this subsection shall be issued upon request of one of the adoptive parents of such adopted person or upon request of the adopted person if of legal age. The birth certificate prepared pursuant to the provisions of this subsection shall have the same legal weight as evidence as a delayed or altered birth certificate as provided in sections 193.005 to 193.325.
10. If no certificate of birth is on file for the person under twelve years of age who has been adopted, a belated certificate of birth shall be filed with the state registrar as provided in sections 193.005 to 193.325 before a new birth record is to be established as result of adoption. A new certificate is to be established on the basis of the adoption under this section and shall be prepared on a certificate of live birth form.
11. If no certificate of birth has been filed for a person twelve years of age or older who has been adopted, a new birth certificate is to be established under this section upon receipt of proof of adoption as required by the department. A new certificate shall be prepared in the name of the adopted person as decreed by the court, registering adopted parents' names. The new certificate shall be prepared on a delayed birth certificate form. The adoption decree is placed in a sealed file and shall not be subject to inspection except upon an order of the court.
193.135. 1. The state registrar shall establish a new certificate of birth for a person born in this state when he or she received the following:
(1) A certificate of decree of adoption as provided in section 193.125 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, 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; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person;
(2) A request that a new certificate be established upon such evidence as required by the department proving that such person has been legitimated.
2. When a new certificate of birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoptions or legitimation shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by department rules, except a copy of the original certificate of birth may be disclosed under sections 453.510 and 453.515.
3. Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended.
4. Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by department rules.
5. When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar, as he directs.
193.255. 1. The state registrar and other custodians of vital records authorized by the state registrar to issue certified copies of vital records upon receipt of application shall issue a certified copy of any vital record in his or her custody or a part thereof to any applicant having a direct and tangible interest in the vital record. Each copy issued shall show the date of registration, and copies issued from records marked "Delayed" or "Amended" shall be similarly marked and show the effective date. The documentary evidence used to establish a delayed certificate shall be shown on all copies issued. All forms and procedures used in the issuance of certified copies of vital records in the state shall be provided or approved by the state registrar. The state registrar and other custodians of vital records authorized by the state registrar to issue copies of vital records shall issue an uncertified copy of an original birth certificate to an adopted person or the adopted person's lineal descendants if the adopted person is deceased only in accordance with the provisions of sections 453.121, 453.510, and 453.515.
2. A certified copy of a vital record or any part thereof, issued in accordance with subsection 1 of this section, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein, provided that the evidentiary value of a certificate or record filed more than one year after the event, or a record which has been amended, shall be determined by the judicial or administrative body or official before whom the certificate is offered as evidence.
3. The federal agency responsible for national vital statistics may be furnished such copies or data from the system of vital statistics as it may require for national statistics, provided such federal agency share in the cost of collecting, processing, and transmitting such data, and provided further that such data shall not be used for other than statistical purposes by the federal agency unless so authorized by the state registrar.
4. Federal, state, local and other public or private agencies may, upon request, be furnished copies or data of any other vital statistics not obtainable under subsection 1 of this section for statistical or administrative purposes upon such terms or conditions as may be prescribed by regulation, provided that such copies or data shall not be used for purposes other than those for which they were requested unless so authorized by the state registrar.
5. The state registrar may, by agreement, transmit copies of records and other reports required by sections 193.005 to 193.325 to offices of vital statistics outside this state when such records or other reports relate to residents of those jurisdictions or persons born in those jurisdictions. This agreement shall require that the copies be used for statistical and administrative purposes only, and the agreement shall further provide for the retention and disposition of such copies. Copies received by the department from offices of vital statistics in other states shall be handled in the same manner as prescribed in this section.
6. No person shall prepare or issue any certificate which purports to be an original, certified copy, or copy of a vital record except as authorized herein or by regulations adopted hereunder.
7. Upon application from either parent, or if both parents are deceased, the sibling of the stillborn child, pursuant to subsection 7 of section 193.165, the state registrar or other custodians of vital records shall issue to such applicant a certificate of birth resulting in stillbirth. The certificate shall be based upon the information available from the spontaneous fetal death report filed pursuant to section 193.165. Any certificate of birth resulting in stillbirth issued shall conspicuously include, in no smaller than twelve-point type, the statement "This is not proof of a live birth.". No certificate of birth resulting in stillbirth shall be issued to any person other than a parent, or if both parents are deceased, the sibling of the stillborn child who files an application pursuant to section 193.165. The state registrar or other custodians of vital records are authorized to charge a minimal fee to such applicant to cover the actual costs of providing the certificate pursuant to this section.
8. Any parent, or if both parents are deceased, any sibling of the stillborn child may file an application for a certificate of birth resulting in stillbirth for a birth that resulted in stillbirth prior to August 28, 2004.
453.121. 1. As used in this section, unless the context clearly indicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is eighteen years of age or over;
(2) "Adopted child", any adopted person who is less than eighteen years of age;
(3) "Adult sibling", any brother or sister of the whole or half blood who is eighteen years of age or over;
(4) "Biological parent", the natural and biological mother or father of the adopted child;
(5) "Identifying information", information which includes the name, date of birth, place of birth and last known address of the biological parent;
[(5)] (6) "Lineal descendant", a legal descendant of a person as defined in section 472.010;
(7) "Nonidentifying information", information concerning the physical description, nationality, religious background and medical history of the biological parent or sibling.
2. All papers, records, and information pertaining to an adoption whether part of any permanent record or file may be disclosed only in accordance with this section, except a copy of the original certificate of birth may be disclosed under sections 453.510 and 453.515.
3. Nonidentifying information, if known, concerning undisclosed biological parents or siblings shall be furnished by the child-placing agency or the juvenile court to the adoptive parents, legal guardians [or] , adopted adult or the adopted adult's lineal descendants if the adopted adult is deceased, upon written request therefor.
4. An adopted adult, or an adopted adult's lineal descendants if the adopted adult is deceased, may make a written request to the circuit court having original jurisdiction of such adoption to secure and disclose information identifying the adopted adult's biological parents. If the biological parents have consented to the release of identifying information under subsection [11] 10 of this section, the court shall disclose such identifying information to the adopted adult or the adopted adult's lineal descendants if the adopted adult is deceased. If the biological parents have not consented to the release of identifying information under subsection [11] 10 of this section, the court shall, within ten days of receipt of the request, notify in writing [the adoptive parents of such petitioner and] the child-placing agency or juvenile court personnel having access to the information requested of the request by the adopted adult or the adopted adult's lineal descendants.
5. Within three months after receiving notice of the request of the adopted adult, [the child-placing agency or juvenile court personnel shall notify the adoptive parents, if such adoptive parents are living and shall not make any attempt to notify the biological parents without prior written consent of such adoptive parents for adoptions instituted or completed prior to August 13, 1986, but may proceed if there is proof that the adoptive parents are deceased or incapacitated, as such term is defined in chapter 475. If the adoptive parents are living but are unwilling to give such written consent, the child-placing agency or the juvenile court personnel shall make a written report to the court stating that they were unable to notify the biological parent. If the adoptive parents are deceased or give written consent] or the adopted adult's lineal descendants, the child-placing agency or the juvenile court personnel shall make reasonable efforts to notify the biological parents of the request of the adopted adult or the adopted adult's lineal descendants. The child-placing agency or juvenile court personnel may charge actual costs to the adopted adult or the adopted adult's lineal descendants for the cost of making such search. All communications under this subsection are confidential. For purposes of this subsection, "notify" means a personal and confidential contact with the biological parent of the adopted adult, which initial contact shall [not be made by mail and shall] be made by an employee of the child-placing agency which processed the adoption, juvenile court personnel or some other licensed child-placing agency designated by the child- placing agency or juvenile court. Nothing in this section shall be construed to permit the disclosure of communications privileged pursuant to section 491.060. At the end of three months, the child-placing agency or juvenile court personnel shall file a report with the court stating that each biological parent that was located was given the following information:
(1) The nature of the identifying information to which the agency has access;
(2) The nature of any nonidentifying information requested;
(3) The date of the request of the adopted adult or the adopted adult's lineal descendants;
(4) The right of the biological parent to file an affidavit with the court stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file an affidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports to the court that it has been unable to notify the biological parent within three months, the identifying information shall not be disclosed to the adopted adult or the adopted adult's lineal descendants. Additional requests for the same or substantially the same information may not be made to the court within one year from the end of the three-month period during which the attempted notification was made, unless good cause is shown and leave of court is granted.
7. If, within three months, the child-placing agency or juvenile court personnel reports to the court that it has notified the biological parent pursuant to subsection 5 of this section, the court shall receive the identifying information from the child-placing agency. If an affidavit duly executed by a biological parent authorizing the release of information is filed with the court, the court shall disclose the identifying information as to that biological parent to the adopted adult[, provided that] , or the adopted adult's lineal descendants if the adopted adult is deceased. If the other biological parent either:
(1) Is unknown;
(2) [Is known but cannot be found and notified pursuant to section 5 of this act;
(3)] Is deceased; or
[(4)] (3) Has filed with the court an affidavit authorizing release of identifying information, the court shall disclose the identifying information as to that biological parent to the adopted adult or the adopted adult's lineal descendants if the adopted adult is deceased. If the biological parent fails or refuses to file an affidavit with the court authorizing the release of identifying information, then the identifying information shall not be released with respect to that biological parent to the adopted adult or the lineal descendant if the adopted adult is deceased. No additional request for the same or substantially the same information may be made within three years of the time the biological parent fails or refuses to file an affidavit authorizing the release of identifying information.
8. If the biological parent is deceased [but previously had filed an affidavit with the court stating that identifying information shall be disclosed, the information shall be forwarded to and released by the court to the adopted adult. If the biological parent is deceased and, at any time prior to his death, the biological parent did not file an affidavit with the court stating that the identifying information shall be disclosed, the adopted adult may petition the court for an order releasing the identifying information. The court shall grant the petition upon a finding that disclosure of the information is necessary for health-related purposes] , the court shall disclose the identifying information as to that biological parent to the adopted adult or the adopted adult's lineal descendants if the adopted adult is deceased.
9. Any adopted adult whose adoption was finalized in this state or whose biological parents had their parental rights terminated in this state may request the court to secure and disclose identifying information concerning an adult sibling [and upon a finding by the court that such information is necessary for urgent health-related purposes in the same manner as provided in this section]. Identifying information pertaining exclusively to the adult sibling, whether part of the permanent record of a file in the court or in an agency, shall be released only upon consent of that adult sibling.
10. The central office of the children's division within the department of social services shall maintain a registry by which biological parents, adult siblings, and adoptive adults may indicate their desire to be contacted by each other. The division may request such identification for the registry as a party may possess to assure positive identifications. At the time of registry, a biological parent or adult sibling may consent in writing to the release of identifying information to an adopted adult. If such a consent has not been executed and the division believes that a match has occurred on the registry between biological parents or adult siblings and an adopted adult, an employee of the division shall make the confidential contact provided in subsection 5 of this section with the biological parents or adult siblings and with the adopted adult. If the division believes that a match has occurred on the registry between one biological parent or adult sibling and an adopted adult, an employee of the division shall make the confidential contact provided by subsection 5 of this section with the biological parent or adult sibling. The division shall then attempt to make such confidential contact with the other biological parent, and shall proceed thereafter to make such confidential contact with the adopted adult only if the division determines that the other biological parent meets one of the conditions specified in subsection 7 of this section. The biological parent, adult sibling, or adopted adult may refuse to go forward with any further contact between the parties when contacted by the division.
11. The provisions of this section, except as provided in subsection 5 of this section governing the release of identifying and nonidentifying adoptive information apply to adoptions completed before and after August 13, 1986.
453.510. 1. Effective for all adoptions completed after August 28, 2011, an adopted person, who is eighteen years of age, born in this state, and provides proof of identification or the adopted person's lineal descendants if the adopted person is deceased, may obtain a copy of such adopted person's original certificate of birth from the state registrar in the department of health and senior services unless the birth mother or birth father has objected as provided by subsection 2 of this section.
2. Prior to the entry of any decree of adoption, the birth mother and birth father shall be provided with a form by the juvenile court to determine whether the birth mother or father wishes to maintain the confidentiality of the original birth certificate. The birth mother or birth father may signify an objection to the disclosure of the original birth certificate of the adopted person on the form provided by the juvenile court. If the birth mother or birth father objects, the juvenile court shall provide this form to the state registrar to be filed with the original certificate of birth. No decree of adoption shall be entered in this state until the birth mother and birth father, unless he is unknown or refuses to do so, have been afforded the opportunity to communicate their individual wishes as to the disclosure of the original birth certificate.
3. (1) If a birth mother or birth father has objected to the disclosure of the original birth certificate under subsection 2 of this section, then an adopted person who is at least eighteen years of age, born in this state, and provided proof of identification, or the adopted person's lineal descendants if the adopted person is deceased, may request that the department of social services, the child-placing agency which processed the adoption, or the juvenile court personnel make reasonable efforts to notify the birth mother and birth father of the request of the adopted adult or the adopted adult's lineal descendants. If the department of social services does not have sufficient information or resources to locate and notify the birth mother and birth father, the department may refer the adopted person or the adopted person's lineal descendants to, or work in conjunction with, the child-placing agency, or the juvenile court to notify the birth mother and birth father of the request of the adopted adult or the adopted adult's lineal descendants. The department of social services, the child-placing agency, or the juvenile court may charge actual costs to the adopted adult or the adopted adult's lineal descendants for the cost of attempting to notify the birth mother and birth father. All communications under this section are confidential. For purposes of this subsection, "notify" means personal and confidential contact with the birth mother and birth father of the adopted adult, which initial contact shall be made by an employee of the department of social services, the child-placing agency which processed the adoption, juvenile court personnel, or some other licensed child-placing agency designated by the department of social services, the child-placing agency, or the juvenile court. Nothing in this section shall be construed to permit the disclosure of communications privileged under section 491.060.
(2) If the birth mother and birth father consent to the release of the original birth certificate under this subsection, the department of social services, the child placing agency, or the juvenile court personnel shall obtain a copy of a notarized form provided by the juvenile court and signed by the birth mother and birth father, if known, giving consent to release of the original birth certificate and provide it to the adopted person or the adopted person's lineal descendants. The adopted person or the adopted persons lineal descendants may obtain a copy of the adopted person's original birth certificate in accordance with subsection 5 of this section upon presenting the notarized consent form to the registrar.
(3) If the birth mother or birth father does not consent to the release of a copy of the original certificate of birth, or cannot be located, such copy shall not be released. The adopted person or the adopted person's lineal descendants if the adopted person is deceased may request that the department of social services, the child placing agency, or the juvenile court personnel contact the birth mother and birth father again not less than three years after the date of his or her original request and not less than three years from the date of any future requests.
4. If the birth mother or birth father objected under subsection 2 of this section, upon the birth mother's and birth father's death, the adopted person or the adopted person's lineal descendants if the adopted person is deceased may obtain a copy of the original certificate of birth from the state registrar.
5. Any time a copy of an original certificate of birth is obtained under this section, the state registrar shall issue an uncertified copy of the unaltered, original birth certificate to the adopted person or the adopted person's lineal descendants if the adopted person is deceased. The copy of the birth certificate shall have the following statement printed on it: "For informational purposes only - not to be used for establishing identity.".
453.515. 1. (1) For all adoptions completed on or prior to August 28, 2011, an adopted person who is at least eighteen years of age, born in this state, and provides proof of identification, or the adopted person's lineal descendants if the adopted person is deceased, may request that the department of social services, the child-placing agency which processed the adoption, or the juvenile court personnel make reasonable efforts to notify the birth mother and birth father of the request of the adopted adult or the adopted adult's lineal descendants to request their consent to release a copy of the adopted adult's original birth certificate. If the department of social services does not have sufficient information or resources to locate and notify the birth mother and birth father, the department may refer the adopted person or the adopted person's lineal descendants to, or work in conjunction with, the child-placing agency or the juvenile court to notify the birth mother and birth father of the request of the adopted adult or the adopted adult's lineal descendants. The department of social services, the child-placing agency, or the juvenile court may charge actual costs to the adopted adult or the adopted adult's lineal descendants for the cost of attempting to notify the birth mother and birth father. All communications under this section are confidential. For purposes of this subsection, "notify" means personal and confidential contact with the birth mother and birth father of the adopted adult, which initial contact shall be made by an employee of the department of social services, the child-placing agency which processed the adoption, juvenile court personnel, or some other licensed child-placing agency designated by the department of social services, the child-placing agency, or the juvenile court. Nothing in this section shall be construed to permit the disclosure of communications privileged under section 491.060.
(2) If the birth mother and birth father consent to the release of the original birth certificate, the department of social services, the child placing agency, or the juvenile court personnel shall obtain a copy of a notarized form provided by the juvenile court and signed by the birth mother and birth father, if known, giving consent to release of the original birth certificate and provide it to the adopted person or the adopted person's lineal descendants. The adopted person or the adopted persons lineal descendants may obtain a copy of the adopted person's original birth certificate in accordance with subsection 5 of section 453.510 upon presenting the notarized consent form to the registrar.
(3) If the birth mother or birth father does not consent to the release of a copy of the original certificate of birth or cannot be located, such copy shall not be released. The adopted person or the adopted person's lineal descendants if the adopted person is deceased may request that the department of social services, the child placing agency, or the juvenile court personnel contact the birth mother and birth father again not less than three years after the date of his or her original request and not less than three years from the date of any future requests.
2. Upon the birth mother's and birth father's death, the adopted person or the adopted person's lineal descendants if the adopted person is deceased may obtain a copy of the original certificate of birth from the state registrar.
3. Any time a copy of an original certificate of birth is obtained under this section, the state registrar shall issue an uncertified copy of the unaltered, original birth certificate to the adopted person or the adopted person's lineal descendants if the adopted person is deceased. The copy of the birth certificate shall have the following statement printed on it: "For informational purposes only - not to be used for establishing identity.".
453.520. 1. The department of social services and the state registrar shall jointly promulgate rules to carry out sections 453.510 and 453.515.
2. Any rule or portion of a rule, as that term is defined in section 536.010 that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536, and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly pursuant to chapter 536, to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2011, shall be invalid and void.
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