192.016. Putative father registry--fund created. - Missouri Statutes

Putative father registry--fund created.

192.016. 1. The department of health and senior services shallestablish a putative father registry which shall record the names andaddresses of:

(1) Any person adjudicated by a court of this state to be the fatherof a child born out of wedlock;

(2) Any person who has filed with the registry before or after thebirth of a child out of wedlock, a notice of intent to claim paternity ofthe child;

(3) Any person adjudicated by a court of another state or territoryof the United States to be the father of an out-of-wedlock child, where acertified copy of the court order has been filed with the registry by suchperson or any other person.

2. A person filing a notice of intent to claim paternity of a childor an acknowledgment of paternity shall file the acknowledgment affidavitform developed by the state registrar which shall include the minimumrequirements prescribed by the Secretary of the United States Department ofHealth and Human Services pursuant to 42 U.S.C. Section 652(a)(7).

3. A person filing a notice of intent to claim paternity of a childshall notify the registry of any change of address.

4. A person who has filed a notice of intent to claim paternity mayat any time revoke a notice of intent to claim paternity previously filedtherewith and, upon receipt of such notification by the registry, therevoked notice of intent to claim paternity shall be deemed a nullity nuncpro tunc.

5. An unrevoked notice of intent to claim paternity of a child may beintroduced in evidence by any party, other than the person who filed suchnotice, in any proceeding in which such fact may be relevant.

6. Lack of knowledge of the pregnancy does not excuse failure totimely file pursuant to paragraph (b) or (c) of subdivision (2) ofsubsection 3 of section 453.030, RSMo.

7. Failure to timely file pursuant to paragraph (b) or (c) ofsubsection 3 of section 453.030, RSMo, shall waive a man's right towithhold consent to an adoption proceeding unless:

(1) The person was led to believe through the mother'smisrepresentation or fraud that:

(a) The mother was not pregnant when in fact she was; or

(b) The pregnancy was terminated when in fact the baby was born; or

(c) After the birth, the child died when in fact the child is alive;and

(2) The person upon the discovery of the misrepresentation or fraudsatisfied the requirements of paragraph (b) or (c) of subsection 3 ofsection 453.030, RSMo, within fifteen days of that discovery.

8. The department shall, upon request and within two business days ofsuch request, provide the names and addresses of persons listed with theregistry to any court or authorized agency, or entity or person named insection 453.014, RSMo, and such information shall not be divulged to anyother person, except upon order of a court for good cause shown.

9. The department of health and senior services shall:

(1) Prepare forms for registration of paternity and an applicationfor search of the putative father registry;

(2) Produce and distribute a pamphlet or publication informing thepublic about the putative father registry, including the procedures forvoluntary acknowledgment of paternity, the consequences of acknowledgmentand failure to acknowledge paternity pursuant to section 453.010, RSMo, acopy of a statement informing the public about the putative fatherregistry, including to whom and under what circumstances it applies, thetime limits and responsibilities for filing, protection of paternal rightsand associated responsibilities, and other provisions of this section, anda detachable form meeting the requirements of subsection 2 of this sectionaddressed to the putative father registry. Such pamphlet or publicationshall be made available for distribution at all offices of the departmentof health and senior services. The department shall also provide suchpamphlets or publications to the department of social services, hospitals,libraries, medical clinics, schools, universities, and other providers ofchild-related services upon request;

(3) Provide information to the public at large by way of generalpublic service announcements, or other ways to deliver information to thepublic about the putative father registry and its services.

10. Pursuant to subdivision (2) of subsection 9 of this section, astatement prepared by the department of health and senior services shall becontained in any pamphlet or publication informing the public about theputative father registry.

11. There is hereby created in the state treasury the "PutativeFather Registry Fund", which shall consist of moneys collected undersection 453.020, RSMo. Upon appropriation, moneys in the fund shall beused solely for the administration of the putative father registry.Notwithstanding the provisions of section 33.080, RSMo, to the contrary,moneys in the fund shall not revert to the credit of general revenue at theend of the biennium, but shall be used upon appropriations by the generalassembly for the purpose of carrying out the provisions of this chapter.

(L. 1988 H.B. 1272, et al. § 9, A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2002 H.B. 1443 merged with S.B. 923, et al., A.L. 2004 H.B. 1453, A.L. 2005 S.B. 21)

CROSS REFERENCE:

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