Bill Text: MO HB2245 | 2014 | Regular Session | Introduced
Bill Title: Establishes procedures for an adopted person to obtain a copy of his or her original birth certificate
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-05-08 - HCS Voted Do Pass (H) [HB2245 Detail]
Download: Missouri-2014-HB2245-Introduced.html
SECOND REGULAR SESSION
97TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SWAN.
6496H.01I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal section 193.125, RSMo, and to enact in lieu thereof two new sections relating to birth certificates.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 193.125, RSMo, is repealed and two new sections enacted in lieu thereof, to be known as sections 193.125 and 193.128, to read as follows: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 section 453.121 to the contrary, 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; and
(3) File a written application with and provide appropriate proof of identification to the state registrar.
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 certificates of birth.
4. Upon receipt of a written application and proof of identification under subsection 2 of this section and fulfillment of the requirements of subsections 3 and 5 of this section, the state registrar shall issue an uncertified copy of the unaltered original certificate of birth to the applicant. The copy of the certificate of birth shall have the following statement printed on it: "for informational purposes only - not to be used for establishing identity".
5. (1) If the birth mother is deceased or cannot be found, the state registrar shall notify the adopted person that the copy of the original certificate of birth shall be released one year from the date of the initial application and upon the adopted person's subsequent written application for release of the certificate of birth and notification to the state registrar that one year has passed.
(2) 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 re-apply for a copy of his or her original certificate of birth once every two years 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 under this subdivision until the birth mother submits a subsequent written consent for release or the birth mother dies or cannot be found in which case the procedures under subdivision (1) of this subsection shall apply.
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 under 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, 2014, shall be invalid and void.
7. Nothing in this section shall be construed as violating the provisions of section 453.121.
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