CONTACT PREFERENCE AND MEDICAL HISTORY FORMS IN ADOPTIONS

The State Registrar shall develop and provide to each birth parent a contact preference and a medical history form. A birth parent may use a medical history form to describe his or her medical history. The contact preference form allows a birth parent to list his or her preference for contact by the adoptee. Upon receipt of the completed contact preference and history forms, the State Registrar shall attach such forms to the original birth certificate of the adopted person. Such completed forms shall have the same level of confidentiality as the original birth certificate. SECTION 193.132

This provision is identical to HCS/HB 1137 (2012) and substantially similar to SB 594 (2010), SCS/SB 53 (2009), and similar to SCS/SB 1132 (2008).

CONSENT OR WAIVER OF CONSENT FOR TERMINATION OF PARENTAL RIGHTS

This act authorizes the Children's Division within the Department of Social Services to terminate the rights of a parent or approve the consent to adoption or waiver of consent to adoption by a parent, including a child who is a ward of the court, if a court finds that the termination or consent to adoption or waiver of consent to adoption is in the best interests of the child and the parent has consented in writing to the termination of his or her parental rights or consented or waived consent to the adoption. SECTION 211.444

This provision is identical to HB 1994 (2012) and to HCS/HB 1137 (2012).

RACIAL CONSIDERATIONS IN ADOPTION PROCEEDINGS

This act provides that the race or ethnicity of the adoptive child, the child's biological parents or the prospective adoptive parents shall not be a consideration when determining the best interests of the child, the welfare of the child, the suitability or assessment of prospective adoptive parents or the home of the prospective adoptive parents in adoptive placements except in instances where the consideration of race is narrowly tailored to advance the child's best interest based on an individualized determination as to the specific child. As to any Native American child placed in protective custody, the Children's Division shall comply with current federal placement requirements. SECTION 453.005

This act is similar to SB 48 (2013), SCS/SB 711 (2012) and to provisions contained in SCS/HCS/HB 1758 (2012).

POST ADOPTION CONTRACT AGREEMENT

Prospective adoptive parents and the parents of a prospective adoptee may enter into a written post adoption contract agreement to allow contact after the adoption between parents, siblings, or other relatives of the adoptee and the adoptee and the adoptive parents. Any agreement is at the discretion of the adoptive parents, must be in writing and signed by the parties to the agreement, and must be made part of the court record. The court shall enforce an agreement unless the court determines that enforcement is not in the best interest of the adoptee. SECTIONS 453.065 & 453.080

REVIEW OF INVESTIGATIONS PRIOR TO FINAL ADOPTION HEARING

This act requires a court conducting a final adoption hearing to determine whether the court has received and reviewed a full adoption and placement investigation report required under Section 453.070 and any investigation and social study required under Section 211.455, in termination of parental rights cases regarding the best of interest of the child. (Section 453.080.1)

ORIGINAL BIRTH CERTIFICATES

Effective for all adoptions completed after August 28, 2013, this act allows an adopted person who is at least eighteen and born in Missouri or the adopted person's lineal descendants if the adopted person is deceased to obtain a copy of his or her original birth certificate from the State Registrar, unless the birth mother or birth father object to the release of the birth certificate on a form provided by the court prior to the entry of the adoption decree.

For adoptions completed before August 28, 2013, or for adoptions completed after August 28, 2013, where the birth mother or birth father have previously objected to release of the original birth certificate through a contact preference form, an adopted person who is at least eighteen, born in this state, and provides proof of identification or the adopted person's lineal descendants if the adopted person is deceased may request that the Department of Social Services make reasonable efforts to notify the birth parents of the request of the adopted person to obtain a copy of the original birth certificate. If the department does not have sufficient information or resources to locate and make contact with the birth parents, the department may refer the adopted person to, or work in conjunction with, a child placing agency or the court. The department, the child placing agency, or the court may charge actual costs to the adopted person for the cost of attempting to contact the birth parents.

If the birth parents consent, either the department, child-placing agency or court personnel is required to obtain a notarized form provided by the court and signed by the birth parents giving such consent. The adopted person may obtain a copy of the original birth certificate from the State Registrar upon presenting the notarized consent form. If the birth parents do not consent, the copy of the original birth certificate will not be released. Three years after their last request, the adopted person may request that the department contact the birth parents again.

Upon the birth parent's deaths, an adopted person may obtain a copy of his or her original certificate of birth from the State Registrar.

Any copy of an original birth certificate obtained under the provisions of this act, shall be an uncertified copy of the unaltered, original birth certificate and shall be labeled as "for informational purposes only-not to be used for establishing identity." SECTIONS 453.510 AND 453.515

These provisions are identical to HB 1137 (2012) and HB 427 (2011).

ADRIANE CROUSE