HB 1758 -- Adoption Records

Sponsor:  Davis

Currently, the state registrar can only open an adoption file if
a certified copy of a court order has been issued.  This bill
allows any adopted person who is 21 years of age or older 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.
Adoption records will include the original birth certificate,
consent to termination of parental rights, waiver of consent to
future adoption of the child, adoption decree and order, social
history, temporary custody and adoption petition, and any state
agency or court documents regarding the adoption.

Authorized individuals, including any adopted person who is 21
years of age or older, are allowed to inspect or copy any files
and court records of adoption proceedings.  Persons who permit
inspection or copying by any unauthorized individual will be
guilty of a class C misdemeanor.

The bill removes the following requirements regarding the release
of identifying information:

(1)  Consent of the biological parents to release their
identifying information before a court can release it to an
adopted adult;

(2)  Notification to the adoptive parents, adoption agency, or
juvenile court that an adopted child has made a request to view
identifying information of his or her biological parents who have
not consented to releasing their information; prior written
consent of adoptive parents to allow their adopted adult child to
make contact with the adopted child's biological parents; and a
personal and confidential contact with the biological parents by
the agency or court;

(3)  Notification to the biological parents prior to allowing
adopted adults to receive identifying information about his or
her biological parents;

(4)  Execution of an affidavit by the biological parents to
release their identifying information to a court in order to
disclose the information to their adopted child;

(5)  Determination by the courts if identifying information of a
biological parent can be released to an adopted adult for urgent
health-related purposes;

(6)  Consent of the adult siblings of the adopted adult to
release their identifying information; and

(7)  Confidential contact by the Children's Division within the
Department of Social Services with a biological parent that has
not given consent of release of identifying information when a
possible match has been made in the adoption registry.

Missouri House of Representatives
94th General Assembly, 2nd Regular Session
Last Updated October 15, 2008 at 3:11 pm