193.125. Debbi Daniel law--adoption--new birth certificate, when--reports--duties--inspection of certain records by court order only. - Missouri Statutes

Debbi Daniel law--adoption--new birth certificate,when--reports--duties--inspection of certain records by courtorder only.

193.125. 1. This section shall be known and may be cited as the"Debbi Daniel Law".

2. Except as otherwise provided in subsection 3 of this section, foreach adoption decreed by a court of competent jurisdiction in this state,the court shall require the preparation of a certificate of decree ofadoption on a form as prescribed or approved by the state registrar. Thecertificate of decree of adoption shall include such facts as are necessaryto locate and identify the certificate of birth of the person adopted, andshall provide information necessary to establish a new certificate of birthof the person adopted and shall identify the court and county of theadoption and be certified by the clerk of the court. The state registrarshall file the original certificate of birth with the certificate of decreeof adoption and such file may be opened by the state registrar only uponreceipt of a certified copy of an order as decreed by the court ofadoption.

3. No new certificate of birth shall be established following anadoption by a stepparent if so requested by the adoptive parent or theadoptive stepparent of the child.

4. Information necessary to prepare the report of adoption shall befurnished by each petitioner for adoption or the petitioner's attorney.The social welfare agency or any person having knowledge of the facts shallsupply the court with such additional information as may be necessary tocomplete the report. The provision of such information shall beprerequisite to the issuance of a final decree in the matter by the court.

5. Whenever an adoption decree is amended or annulled, the clerk ofthe court shall prepare a report thereof, which shall include such facts asare necessary to identify the original adoption report and the factsamended in the adoption decree as shall be necessary to properly amend thebirth record.

6. Not later than the fifteenth day of each calendar month or morefrequently as directed by the state registrar the clerk of the court shallforward to the state registrar reports of decrees of adoption, annulment ofadoption and amendments of decrees of adoption which were entered in thepreceding month, together with such related reports as the state registrarshall require.

7. When the state registrar shall receive a report of adoption,annulment of adoption, or amendment of a decree of adoption for a personborn outside this state, he or she shall forward such report to the stateregistrar in the state of birth.

8. In a case of adoption in this state of a person not born in anystate, territory or possession of the United States or country not coveredby interchange agreements, the state registrar shall upon receipt of thecertificate of decree of adoption prepare a birth certificate in the nameof the adopted person, as decreed by the court. The state registrar shallfile the certificate of the decree of adoption, and such documents may beopened by the state registrar only by an order of court. The birthcertificate prepared under this subsection shall have the same legal weightas evidence as a delayed or altered birth certificate as provided insection 193.235.

9. The department, upon receipt of proof that a person has beenadopted by a Missouri resident pursuant to laws of countries other than theUnited States, shall prepare a birth certificate in the name of the adoptedperson as decreed by the court of such country. If such proof contains thesurname of either adoptive parent, the department of health and seniorservices shall prepare a birth certificate as requested by the adoptiveparents. Any subsequent change of the name of the adopted person shall bemade by a court of competent jurisdiction. The proof of adoption requiredby the department shall include a copy of the original birth certificateand adoption decree, an English translation of such birth certificate andadoption decree, and a copy of the approval of the immigration of theadopted person by the Immigration and Naturalization Service of the UnitedStates government which shows the child lawfully entered the United States.The authenticity of the translation of the birth certificate and adoptiondecree required by this subsection shall be sworn to by the translator in anotarized document. The state registrar shall file such documents receivedby the department relating to such adoption and such documents may beopened by the state registrar only by an order of a court. A birthcertificate pursuant to this subsection shall be issued upon request of oneof the adoptive parents of such adopted person or upon request of theadopted person if of legal age. The birth certificate prepared pursuant tothe provisions of this subsection shall have the same legal weight asevidence as a delayed or altered birth certificate as provided in sections193.005 to 193.325.

10. If no certificate of birth is on file for the person under twelveyears of age who has been adopted, a belated certificate of birth shall befiled with the state registrar as provided in sections 193.005 to 193.325before a new birth record is to be established as result of adoption. Anew certificate is to be established on the basis of the adoption underthis section and shall be prepared on a certificate of live birth form.

11. If no certificate of birth has been filed for a person twelveyears of age or older who has been adopted, a new birth certificate is tobe established under this section upon receipt of proof of adoption asrequired by the department. A new certificate shall be prepared in thename of the adopted person as decreed by the court, registering adoptedparents' names. The new certificate shall be prepared on a delayed birthcertificate form. The adoption decree is placed in a sealed file and shallnot 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)

CROSS REFERENCE:

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