HB 1665 -- Adoption Records

Sponsor:  Corcoran

This bill changes the laws regarding adoption records.  In its
main provisions, the bill:

(1)  Allows any adopted person who is 18 years of age or older or
whose adoption was completed on or after August 28, 2010, to
submit an application to the State Registrar and, upon receiving
the application, be issued a certified copy of his or her
original unaltered birth certificate and adoption records.
Currently, the State Registrar can only open an adoption file if
a certified copy of a court order has been issued (Section
193.125.3, RSMo);

(2)  Requires the original birth certificate, consent to
termination of parental rights, any waiver of consent to future
adoption of a child, the adoption decree and order, and the
petition for temporary custody and adoption to be released if
they are included in the records for adoptions completed after
August 28, 2010 (Section 453.080.5);

(3)  Allows an adopted individual who is 18 years of age or older
and who was adopted after August 28, 2010, to open and inspect
his or her adoption records and files without a court order
(Section 453.120);

(4)  Allows the release of identifying information without the
consent of the biological parents for adoptions completed after
August 28, 2010.  Individuals adopted prior to August 28, 2010,
will still be required to obtain consent from the biological
parents for the release of the information (Section 453.121.4);

(5)  Requires, for adoptions completed prior to August 28, 2010,
within three months of receiving a request from an adopted adult,
the child-placing agency or the juvenile court to make reasonable
effort to notify the biological parent of the request; but the
agency or court is not required to make reasonable effort for
adoptions completed on or after August 28, 2010, and notification
is not required for the release of the identifying information.
Notification to the biological parent by mail will no longer be
required.  After three months of receiving the request, even if a
biological parent was not located, the child-placing agency or
juvenile court must file a report with the court that states what
information is on file; what information has been requested by
the adoptee; the date of the request; and for adoptions prior to
August 28, 2010, the court affidavit from the biological parent
authorizing the release of identifying information, if one exists
(Section 453.121.5);

(6)  Prohibits, for adoptions completed prior to August 28, 2010,
all identifying information from being disclosed if a biological
parent could not be contacted after three months of an adoptee's
request.  If after three months of a request a biological parent
has been notified and has authorized by affidavit the release of
his or her information, the court must disclose the information
to the adoptee.  For adoptions completed after August 28, 2010,
all identifying information as to the biological parents of the
adopted individual must be released when requested and the
consent of the biological parent is not required (Sections
453.121.6 and 453.121.7);

(7)  Allows, for adoptions completed prior to August 28, 2010,
and when a biological parent has died, the adopted individual to
petition the court for an order to release the identifying
information of his or her biological parent without an affidavit
from the parent authorizing the release of the information
(Section 453.121.8);

(8)  Allows, for adoptions completed prior to August 28, 2010, an
adopted adult to petition a court for the release of identifying
information without the requirement that it is necessary for
health-related purposes if the biological parent is deceased
(Section 453.121.9); and

(9)  Requires the Children's Division within the Department of
Social Services to make a confidential contact with a biological
parent only in the case of a potential match within the adoption
registry if the adoption occurred prior to August 28, 2010
(Section 453.121.10).

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:11 pm