HB 2174 -- Parentage of a Child

Sponsor:  Kelly

This bill changes the laws regarding the establishment of the
parentage of a child.  In its main provisions, the bill:

(1)  Specifies that only a mother whose parental rights have not
been voluntarily or involuntarily terminated or whose consent to
adoption has not been accepted by a competent court can execute a
voluntary acknowledgment of paternity;

(2)  Authorizes a court of competent jurisdiction to order the
Missouri Bureau of Vital Statistics to rescind an amended birth
certificate if it was issued based upon an acknowledgment of a
mother whose parental rights had been voluntarily or
involuntarily terminated or whose consent to adoption had been
accepted by a court prior to the voluntary acknowledgment of
paternity;

(3)  Requires the Children's Division within the Department of
Social Services, or an entity under contract with the division,
as part of the division's diligent search for the biological
mother or father of a child, to search the Missouri Putative
Father Registry to determine if any man is registered with the
registry;

(4)  Defines "father" as:

(a)  The presumed father under Missouri law;

(b)  The man who has filed an action to establish his paternity
no later than 15 days after the birth of the child and has served
a copy of the petition on the mother or prior to the filing of a
petition for termination of parental rights or adoption;

(c)  The man who has acknowledged paternity no later than 15 days
after the birth of the child or prior to the filing of a petition
for termination of parental rights or adoption; or

(d)  The man who filed with the registry a notice of intent to
claim paternity and has filed an action to establish his
paternity in a court of competent jurisdiction no later than 15
days after the birth of the child or prior to the filing of a
petition for termination of parental rights or adoption;

(5)  Specifies that any man who has sexual intercourse with a
woman is deemed to be on notice that a child may have been
conceived and is entitled to notice of proceedings under Chapters
210 and 211, RSMo;

(6)  Specifies that the juvenile court must have concurrent
jurisdiction over guardianship actions for children who are wards
of the juvenile court at the time the guardianship petition is
filed under Missouri probate code;

(7)  Specifies that rights to consent or withhold consent to the
termination of parental rights are waived by a man who is not a
parent under Missouri law at the time of the filing of a petition
for adoption or for termination of parental rights;

(8)  Specifies that a man whose consent to adoption is not
required under Missouri law waives his rights to intervene in an
action for termination of parental rights or in an action for
adoption or waives his rights to file a paternity action for a
child he believes is his after a petition for either adoption or
termination of parental rights has been filed with the court,
unless he can prove he has developed a consistent and substantial
relationship with the child, except where he has been actively
prevented from doing so by the mother, including:

(a)  Providing prenatal financial support and medical care;

(b)  Making consistent child support payments commensurate with
his ability to pay;

(c)  Having consistent contact and visitation with the child; or

(d)  Assisting with educational and medical care;

(9)  Changes the list of individuals who must be summoned and
receive a copy of the petition to terminate parental rights by
specifically listing the mother and the man who is presumed to be
the father under Missouri law, the man who has filed an action to
establish his paternity, the man who has acknowledged paternity,
or the man who filed with the registry a notice of intent to
claim paternity.  In a case where the father's identity is
unknown, a search of the registry must be conducted; and if no
man is discovered, the court must not require service on an
unknown father;

(10)  Allows a prospective adoptive parent and the parent of the
prospective adoptee, if the adoptee is at least two years of age,
to enter into a post-adoption agreement to allow contact after
the adoption.  The agreement must be in writing and approved by
the court and must include:

(a)  An acknowledgment by the former parent or parents that the
adoption is irrevocable, even if the adoptive parent or parents
do not abide by the agreement; and

(b)  An acknowledgment by the adoptive parent or parents that the
agreement grants the former parent or parents the right to seek
enforcement of the post-adoption privileges as set forth in the
agreement;

(11)  Prohibits a court from approving a post-adoption agreement
unless the agreement is approved by the adoptive parent or
parents and any former parent or other relative of the adoptee
with whom the agreement is being made; and

(12)  Requires a court to enforce a written post-adoption
agreement unless enforcement is not in the adoptee's best
interests.

Missouri House of Representatives
95th General Assembly, 2nd Regular Session
Last Updated September 14, 2010 at 3:13 pm