Bill Text: MO HB1907 | 2010 | Regular Session | Introduced


Bill Title: Changes the laws regarding adoption records

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-04-21 - Public Hearing Completed (H) [HB1907 Detail]

Download: Missouri-2010-HB1907-Introduced.html

SECOND REGULAR SESSION

HOUSE BILL NO. 1907

95TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVES STEVENSON (Sponsor), SATER, NIEVES, EMERY, BIVINS AND DAVIS (Co-sponsors).

4611L.01I                                                                                                                                                  D. ADAM CRUMBLISS, Chief Clerk


 

AN ACT

To repeal sections 193.125 and 193.255, RSMo, and to enact in lieu thereof four 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            Section A. Sections 193.125 and 193.255, RSMo, are repealed and four new sections enacted in lieu thereof, to be known as sections 193.125, 193.128, 193.132, and 193.255, to read as follows: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 in accordance with section 193.128.

            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.

            193.128. 1. Notwithstanding any other provision of law, an adopted person, the adopted person's attorney, or the adopted person's 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 accordance with this section.

            2. In order for an adopted person to receive a copy of his or her original certificate of birth, the adopted person shall:

            (1) Be at least eighteen years of age;

            (2) Have been born in this state;

            (3) File a written application with and provide appropriate proof of identification to the state registrar; and

            (4) If included with the copy of the original birth certificate, agree in writing to abide by the birth parent's preference stated in the contact preference form attached to the adopted person's original birth certificate in accordance with section 193.132.

            3. The state registrar may require a waiting period and impose a fee for issuance of the uncertified copy under subsection 4 of this section. The fees and waiting period imposed under this subsection shall be identical to the fees and waiting period generally imposed on persons seeking their own birth certificates.

            4. Upon receipt of a written application and proof of identification under subsection 2 of this section and fulfillment of the requirements of subsection 3 of this section, the state registrar shall issue an uncertified copy of the unaltered original birth certificate to the applicant. 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". If a contact preference and medical history form has been completed and submitted to the state registrar under section 193.132, the state registrar shall also provide such information.

            5. The provisions of subsections 1 to 4 of this section shall not apply to adoptions instituted or completed prior to August 28, 2010, except that a copy of a medical history form, which has had all identifying information redacted, shall be issued to such adopted person. For adoptions instituted or completed prior to August 28, 2010, the state registrar shall follow the provisions of this subsection and shall release the original certificate of birth only if the birth mother is deceased. If the birth mother is not deceased, the state registrar shall, within three months of application by the adopted person, make reasonable efforts to contact the birth mother via telephone, personally and confidentially, to obtain the birth mother's consent or denial to release the original certificate of birth. The state registrar may charge actual costs to the adopted person for the cost of making such search of the birth mother. If the state registrar has been unable to contact the birth mother within three months, the state registrar shall not release the certificate of birth. The adopted person may reapply for a copy of his or her original certificate of birth within one year from the end of the three-month period during which the attempted contact with the birth mother was previously made. The state registrar shall not release the certificate of birth until the birth mother submits a subsequent written consent for release.

            6. The state registrar shall develop by rule the application form required by this section and may adopt other rules for the administration of this section. 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, 2010, shall be invalid and void.

            7. Nothing in this section shall be construed as violating the provisions of section 453.121.

            193.132. 1. As used in this section, the following terms mean:

            (1) "Adoptee", the person who is the subject of a birth certificate;

            (2) "Birth parent", the person who is the biological parent of an adoptee and who is named as the parent on the original birth certificate of the adoptee;

            (3) "Contact preference form", the form developed by the state registrar under subsection 4 of this section;

            (4) "Medical history form", the form developed by the state registrar under subsection 3 of this section. At a minimum, such form shall include medical history information regarding:

            (a) Congenital or genetic history;

            (b) Psychosocial history;

(c) Chronic diseases;

            (d) Infectious diseases;

            (e) Allergies;

            (f) Pregnancy and birth history; and

            (g) Deaths of birth family members that may affect the medical history.

            2. Notwithstanding any other provision of law, the state registrar shall develop and, upon request, provide each birth parent with a contact preference form and a medical history form as described in this section.

            3. A birth parent may use a medical history form to describe his or her medical history. A birth parent shall fill out a medical history form if such birth parent also fills out a contact preference form.

            4. The birth parent may state a preference regarding contact by an adoptee on a contact preference form. The form shall contain the following statements from which the birth parent may choose only one:

            (1) "I would like to be contacted. I have completed this contact preference form and a medical history form and am filing both forms with the State Registrar.";

            (2) "I would prefer to be contacted only through an intermediary. I have completed this contact preference form and a medical history form and am filing both with the State Registrar."; or

            (3) "Do not contact me. I may change this preference by filling out another contact preference form. I have completed this contact preference form and a medical history form and am filing both with the State Registrar.".

            5. Upon receipt of a completed contact preference form and a medical history form, the state registrar shall attach the completed forms to the original birth certificate of the adoptee. A completed contact preference form and medical history form shall have the same level of confidentiality as the original birth certificate.

            6. The state registrar shall develop by rule the forms required by this section and may adopt other rules for the administration of this section. 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, 2010, shall be invalid and void.

            7. Nothing in this section shall be construed as violating the provisions of section 453.121.

            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. In accordance with sections 193.128 and 193.132, 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, contact preference form, and medical history form to an adopted person. The registrar may impose a minimal fee to the adopted person for the costs of providing copies of the contact preference form and medical history form. 

            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.

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