Section 193.125

Title XII PUBLIC HEALTH AND WELFARE

Chapter 193

Effective - 28 Aug 2016, 3 histories   

  193.125.  Missouri adoptee rights act — adoption — new birth certificate, when — reports — duties — inspection of certain records by court order only. — 1.  This section and section 193.128 shall be known and may be cited as the "Missouri Adoptee Rights Act".

  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.

­­--------

(L. 1984 S.B. 574, A.L. 1997 H.B. 343, A.L. 2005 S.B. 74 & 49, A.L. 2008 H.B. 1640, A.L. 2016 H.B. 1599)

CROSS REFERENCE:

Application of law to adoption petitions filed on or after August 28, 1997, 453.012