Senate Committee Substitute

SCS/SB 351 - This act modifies provisions regarding adoption records.

Current law allows for nonidentifying information, if known, concerning undisclosed biological parents or siblings to be furnished by the child placing agency or the juvenile court to the adoptive parents, legal guardians or adopted adult upon request. This act allows such nonidentifying information to also be furnished to the adopted adult's lineal descendants if the adopted adult is deceased. SECTION 453.121.3

This act provides that adopted adults may obtain identifying information on adult siblings with the sibling's consent without the court having to find that such information is necessary for health-related purposes. SECTION 453.121.9

ADOPTIONS PRIOR TO AUGUST 28, 2011

This act modifies the provisions regarding adopted adults obtaining identifying information of the undisclosed biological parents by making a request to the circuit court having original jurisdiction. This act provides that such identifying information shall also be furnished to the adopted adult's lineal descendants if the adopted adult is deceased. SECTION 453.121.4

Current law allows the adopted adult to make a request and prescribes a procedure for obtaining consent from both the adoptive and biological parents if prior consent has not been given either through the adoption information registry or through contact by the child-placing agency or juvenile court personnel. This act modifies current law by requiring just the biological parents to be notified about the request for identifying information. SECTION 453.121.4 AND 5

This act modifies current law by providing that if the biological parent is deceased, the court shall disclose the identifying information as to that biological parent to the adopted adult. SECTION 453.121.8

ADOPTIONS AFTER AUGUST 28, 2011

Effective for all adoptions completed after August 28, 2011, this act allows an adopted person who is eighteen and born in Missouri, or the adopted person's lineal descendants if the adopted person is deceased, to obtain identifying information from the juvenile court unless the biological mother and biological father object to the release of the information on a form provided by the juvenile court prior to the entry of the adoption decree. The information shall only be released as to the biological parent who did not object.

If the biological parents objected to the disclosure of identifying information at the time of adoption, the adopted person may request a child-placing agency or juvenile court to make reasonable efforts to notify the biological parents of the request of the adopted person to obtain identifying information. The child placing agency or the juvenile court may charge actual costs to the adopted person for the cost of attempting to contact the biological parents.

If one or both of the biological parents consent after having been contacted, a notarized form signed by such biological parent giving such consent shall be provided to the court and the identifying information as to the biological parent who consented shall be released. If neither biological parent consents, the identifying information will not be released. Three years after the last request, the adopted person may request that the biological parents be contacted again.

Upon a biological parent's death, an adopted person may obtain the identifying information of the deceased parent. SECTION 453.123

Provisions of this act are similar to HB 427 (2011).

ADRIANE CROUSE


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