FIRST REGULAR SESSION
95TH GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE DAVIS.
0842L.04I D. ADAM CRUMBLISS, Chief Clerk
AN ACT
To repeal sections 193.085, 193.135, and 453.121, RSMo, and to enact in lieu thereof five new sections relating to sperm and egg donation.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Sections 193.085, 193.135, and 453.121, RSMo, are repealed and five new sections enacted in lieu thereof, to be known as sections 193.085, 193.135, 453.092, 453.093, and 453.121, to read as follows:
193.085. 1. A certificate of birth for each live birth which occurs in this state shall be filed with the local registrar, or as otherwise directed by the state registrar, within five days after such birth and shall be registered if such certificate has been completed and filed pursuant to the provisions of this section.
2. When a birth occurs in an institution or en route to an institution, the person in charge of the institution or such person's designated representative shall obtain the personal data, prepare the certificate, certify that the child was born alive at the place and time and on the date stated either by signature or an electronic process approved by the department, and file the certificate pursuant to this section or as otherwise directed by the state registrar within the required five days. The physician or other person in attendance shall provide the medical information required by the certificate and certify to the facts of birth within five days after the birth. If the physician or other person in attendance does not certify to the facts of birth within the five-day period, the person in charge of the institution shall complete the certificate.
3. When a birth occurs outside an institution, the certificate shall be prepared and filed by one of the following in the indicated order of priority:
(1) The physician in attendance at or immediately after the birth;
(2) Any other person in attendance at or immediately after the birth;
(3) The father, the mother, or, in the absence of the father and the inability of the mother, the person in charge of the premises where the birth occurred.
4. When a birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the birth shall be registered in this state and such place shall be considered the place of birth. When a birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the birth shall be registered in this state but the certificate shall show the actual place of birth insofar as can be determined.
5. If the mother was married at the time of either conception or birth, or between conception and birth, the name of the husband shall be entered on the certificate as the father of the child, unless:
(1) Paternity has been determined otherwise by a court of competent jurisdiction; or
(2) The mother executes an affidavit attesting that the husband is not the father and the putative father is the father, and the putative father executes an affidavit attesting that he is the father, and the husband executes an affidavit attesting that he is not the father. If such affidavits are executed, the putative father shall be shown as the father on the birth certificate and the signed acknowledgment of paternity shall be considered a legal finding of paternity. The affidavits shall be as provided for in section 193.215.
6. In any case in which paternity of a child is determined by a court of competent jurisdiction, the name of the father and surname of the child shall be entered on the certificate of birth pursuant to the finding and order of the court.
7. Notwithstanding any other law to the contrary, if a child is born to unmarried parents, the name of the father and other required information shall be entered on the certificate of birth only if an acknowledgment of paternity pursuant to section 193.215 is completed, or if paternity is determined by a court of competent jurisdiction or by an administrative order of the family support division.
8. If the father is not named on the certificate of birth, no other information about the father shall be entered on the certificate.
9. The birth certificate of a child born to a married woman as a result of artificial insemination, with consent of her husband, shall be completed pursuant to the provisions of subsection 5 of this section.
10. Either of the parents of the child, or other informant, shall attest to the accuracy of the personal data entered on the certificate in time to permit the filing of the certificate within the required five days.
11. (1) Notwithstanding any other provision of law, in the case of a child born as the result of sperm or egg donation, the name of the biological parent or parents and any donor parent or parents shall be entered on the certificate.
(2) A new certificate of birth may be established following the birth of a child born as a result of sperm or egg donation if so requested by a nondonor parent of the child. If a new certificate of birth is established, the state registrar shall file the original certificate of birth with all accompanying documentation provided under this section and such file may be opened by the state registrar only in accordance with subsection 10 of section 453.121, RSMo.
193.135. 1. The state registrar shall establish a new certificate of birth for a person born in this state when he or she received the following:
(1) A certificate of decree of adoption as provided in section 193.125 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person;
(2) A request that a new certificate be established upon such evidence as required by the department proving that such person has been legitimated;
(3) A request that a new certificate be established under subsection 11 of section 193.085.
2. When a new certificate of birth is established, the actual place and date of birth shall be shown. The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoptions or legitimation shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by department rules or as provided for under subsection 10 of section 453.121, RSMo, for adult children of sperm or egg donation.
3. Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended.
4. Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by department rules.
5. When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar, as he or she directs.
453.092. When a child is born as a result of sperm or egg donation, all legal relationships and all rights and duties between such child and the child's donor parent or parents shall cease and terminate unless expressly retained in writing by the donor parent or parents.
453.093. After the live birth of a child born as a result of sperm or egg donation, any person or entity required to file a certificate of birth under section 193.085, RSMo, shall immediately send to the department of health and senior services documentation of the live birth of such child, which shall set forth the name, sex, date and place of birth of the child, the name or names of the child's biological parent or parents if other than a donor parent or parents, the name or names of the child's donor parent or parents, if known, and any other pertinent facts required by the department on forms prescribed and furnished by the state registrar.
453.121. 1. As used in this section, unless the context clearly indicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is eighteen years of age or over;
(2) "Adopted child", any adopted person who is less than eighteen years of age;
(3) "Adult child of sperm or egg donation", any person born as a result of sperm or egg donation who is eighteen years of age or over;
(4) "Adult sibling", any brother or sister of the whole or half blood who is eighteen years of age or over;
[(4)] (5) "Identifying information", information which includes the name, date of birth, place of birth and last known address of the biological parent;
[(5)] (6) "Nonidentifying information", information concerning the physical description, nationality, religious background and medical history of the biological parent or sibling.
2. All papers, records, and information pertaining to an adoption or adult child of sperm or egg donation whether part of any permanent record or file may be disclosed only in accordance with this section.
3. Nonidentifying information, if known, concerning undisclosed biological parents or siblings shall be furnished:
(1) By the child-placing agency or the juvenile court to the adoptive parents, legal guardians or adopted adult upon written request therefor; or
(2) By the donation facility or agency, or attending physician at the time of insemination or implantation to the adult child of sperm or egg donation upon written request therefor.
4. An adopted adult may make a written request to the circuit court having original jurisdiction of such adoption to secure and disclose information identifying the adopted adult's biological parents. If the biological parents have consented to the release of identifying information under subsection 11 of this section, the court shall disclose such identifying information to the adopted adult. If the biological parents have not consented to the release of identifying information under subsection 11 of this section, the court shall, within ten days of receipt of the request, notify in writing the adoptive parents of such petitioner and the child-placing agency or juvenile court personnel having access to the information requested of the request by the adopted adult.
5. Within three months after receiving notice of the request of the adopted adult, the child-placing agency or juvenile court personnel shall notify the adoptive parents, if such adoptive parents are living and shall not make any attempt to notify the biological parents without prior written consent of such adoptive parents for adoptions instituted or completed prior to August 13, 1986, but may proceed if there is proof that the adoptive parents are deceased or incapacitated, as such term is defined in chapter 475, RSMo. If the adoptive parents are living but are unwilling to give such written consent, the child-placing agency or the juvenile court personnel shall make a written report to the court stating that they were unable to notify the biological parent. If the adoptive parents are deceased or give written consent, the child-placing agency or the juvenile court personnel shall make reasonable efforts to notify the biological parents of the request of the adopted adult. The child-placing agency or juvenile court personnel may charge actual costs to the adopted adult for the cost of making such search. All communications under this subsection are confidential. For purposes of this subsection, "notify" means a personal and confidential contact with the biological parent of the adopted adult, which initial contact shall not be made by mail and shall be made by an employee of the child-placing agency which processed the adoption, juvenile court personnel or some other licensed child-placing agency designated by the child-placing agency or juvenile court. Nothing in this section shall be construed to permit the disclosure of communications privileged pursuant to section 491.060, RSMo. At the end of three months, the child-placing agency or juvenile court personnel shall file a report with the court stating that each biological parent that was located was given the following information:
(1) The nature of the identifying information to which the agency has access;
(2) The nature of any nonidentifying information requested;
(3) The date of the request of the adopted adult;
(4) The right of the biological parent to file an affidavit with the court stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file an affidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports to the court that it has been unable to notify the biological parent within three months, the identifying information shall not be disclosed to the adopted adult. Additional requests for the same or substantially the same information may not be made to the court within one year from the end of the three-month period during which the attempted notification was made, unless good cause is shown and leave of court is granted.
7. If, within three months, the child-placing agency or juvenile court personnel reports to the court that it has notified the biological parent pursuant to subsection 5 of this section, the court shall receive the identifying information from the child-placing agency. If an affidavit duly executed by a biological parent authorizing the release of information is filed with the court, the court shall disclose the identifying information as to that biological parent to the adopted adult, provided that the other biological parent either:
(1) Is unknown;
(2) Is known but cannot be found and notified pursuant to section 5 of this act;
(3) Is deceased; or
(4) Has filed with the court an affidavit authorizing release of identifying information. If the biological parent fails or refuses to file an affidavit with the court authorizing the release of identifying information, then the identifying information shall not be released to the adopted adult. No additional request for the same or substantially the same information may be made within three years of the time the biological parent fails or refuses to file an affidavit authorizing the release of identifying information.
8. If the biological parent is deceased but previously had filed an affidavit with the court stating that identifying information shall be disclosed, the information shall be forwarded to and released by the court to the adopted adult. If the biological parent is deceased and, at any time prior to his death, the biological parent did not file an affidavit with the court stating that the identifying information shall be disclosed, the adopted adult may petition the court for an order releasing the identifying information. The court shall grant the petition upon a finding that disclosure of the information is necessary for health-related purposes.
9. Any adopted adult whose adoption was finalized in this state or whose biological parents had their parental rights terminated in this state may request the court to secure and disclose identifying information concerning an adult sibling and upon a finding by the court that such information is necessary for urgent health-related purposes in the same manner as provided in this section. Identifying information pertaining exclusively to the adult sibling, whether part of the permanent record of a file in the court or in an agency, shall be released only upon consent of that adult sibling.
10. (1) For sperm or egg donations made prior to January 1, 2010, an adult child of sperm or egg donation may make a written request to the circuit court of the county in which such adult resides or the county in which the records of the donation are located to secure and disclose information identifying the adult child's donor parent or parents. If the donor parent has registered under subsection 11 of this section, the court shall order the release of the identifying information in the same manner as such information is released in cases of adoption. If the donor parent has not registered under subsection 11 of this section, the court shall, within ten days of receipt of the request, notify the donation facility or attending physician at the time of the insemination or implantation having access to the information requested by such adult. If the donation facility or attending physician refuses to disclose identifying information, the court may order the release of such information in accordance with the provisions of this section established for release of identifying information in cases of adoption.
(2) For sperm or egg donations made on or after January 1, 2010, an adult child of sperm or egg donation may request and shall have a right to receive without a court order:
(a) From the state registrar, a copy of the adult child's original certificate of birth and accompanying information filed under section 193.085, RSMo; and
(b) From the donation facility or attending physician at the time of insemination or implantation, any medical history records of the donor parent maintained by such facility or physician.
11. The central office of the children's division within the department of social services shall maintain a registry by which biological parents, adult siblings, and adoptive adults may indicate their desire to be contacted by each other. The division may request such identification for the registry as a party may possess to assure positive identifications. At the time of registry, a biological parent or adult sibling may consent in writing to the release of identifying information to an adopted adult. If such a consent has not been executed and the division believes that a match has occurred on the registry between biological parents or adult siblings and an adopted adult, an employee of the division shall make the confidential contact provided in subsection 5 of this section with the biological parents or adult siblings and with the adopted adult. If the division believes that a match has occurred on the registry between one biological parent or adult sibling and an adopted adult, an employee of the division shall make the confidential contact provided by subsection 5 of this section with the biological parent or adult sibling. The division shall then attempt to make such confidential contact with the other biological parent, and shall proceed thereafter to make such confidential contact with the adopted adult only if the division determines that the other biological parent meets one of the conditions specified in subsection 7 of this section. The biological parent, adult sibling, or adopted adult may refuse to go forward with any further contact between the parties when contacted by the division.
12. The registry maintained under subsection 11 of this section shall include sperm and egg donors and adult children of sperm and egg donation. At the time of registry, a donor parent may consent in writing to the release of identifying information to an adult child of sperm or egg donation. If such consent has not been executed, no contact shall be attempted with a donor parent.
[11.] 13. The provisions of this section, except as provided in subsection 5 of this section governing the release of identifying and nonidentifying adoptive information apply to adoptions completed before and after August 13, 1986.
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