Missouri Revised Statutes
Chapter 453
Adoption and Foster Care
←453.120
Section 453.121.1
453.140→
August 28, 2015
Adoption records, disclosure procedure--registry of biological parents and adopted adults.
453.121. 1. As used in this section, unless the context clearly
indicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is eighteen years of age
or over;
(2) "Adopted child", any adopted person who is less than eighteen
years of age;
(3) "Adult sibling", any brother or sister of the whole or half blood
who is eighteen years of age or over;
(4) "Biological parent", the natural and biological mother or father
of the adopted child;
(5) "Identifying information", information which includes the name,
date of birth, place of birth and last known address of the biological
parent;
(6) "Lineal descendant", a legal descendant of a person as defined in
section 472.010;
(7) "Nonidentifying information", information concerning the physical
description, nationality, religious background and medical history of the
biological parent or sibling.
2. All papers, records, and information pertaining to an adoption
whether part of any permanent record or file may be disclosed only in
accordance with this section.
3. Nonidentifying information, if known, concerning undisclosed
biological parents or siblings shall be furnished by the child-placing
agency or the juvenile court to the adoptive parents, legal guardians,
adopted adult or the adopted adult's lineal descendants if the adopted
adult is deceased, upon written request therefor.
4. An adopted adult, or the adopted adult's lineal descendants if the
adopted adult is deceased, may make a written request to the circuit court
having original jurisdiction of such adoption to secure and disclose
information identifying the adopted adult's biological parents. If the
biological parents have consented to the release of identifying information
under subsection 8 of this section, the court shall disclose such
identifying information to the adopted adult or the adopted adult's lineal
descendants if the adopted adult is deceased. If the biological parents
have not consented to the release of identifying information under
subsection 8 of this section, the court shall, within ten days of receipt
of the request, notify in writing the child-placing agency or juvenile
court personnel having access to the information requested of the request
by the adopted adult or the adopted adult's lineal descendants.
5. Within three months after receiving notice of the request of the
adopted adult, or the adopted adult's lineal descendants, the child-placing
agency or the juvenile court personnel shall make reasonable efforts to
notify the biological parents of the request of the adopted adult or the
adopted adult's lineal descendants. The child-placing agency or juvenile
court personnel may charge actual costs to the adopted adult or the adopted
adult's lineal descendants for the cost of making such search. All
communications under this subsection are confidential. For purposes of
this subsection, "notify" means a personal and confidential contact with
the biological parent of the adopted adult, which initial contact shall be
made by an employee of the child-placing agency which processed the
adoption, juvenile court personnel or some other licensed child-placing
agency designated by the child-placing agency or juvenile court. Nothing
in this section shall be construed to permit the disclosure of
communications privileged pursuant to section 491.060. At the end of three
months, the child-placing agency or juvenile court personnel shall file a
report with the court stating that each biological parent that was located
was given the following information:
(1) The nature of the identifying information to which the agency has
access;
(2) The nature of any nonidentifying information requested;
(3) The date of the request of the adopted adult or the adopted
adult's lineal descendants;
(4) The right of the biological parent to file an affidavit with the
court stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file an
affidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports to
the court that it has been unable to notify the biological parent within
three months, the identifying information shall not be disclosed to the
adopted adult or the adopted adult's lineal descendants. Additional
requests for the same or substantially the same information may not be made
to the court within one year from the end of the three-month period during
which the attempted notification was made, unless good cause is shown and
leave of court is granted.
7. If, within three months, the child-placing agency or juvenile
court personnel reports to the court that it has notified the biological
parent pursuant to subsection 5 of this section, the court shall receive
the identifying information from the child-placing agency. If an affidavit
duly executed by a biological parent authorizing the release of information
is filed with the court or if a biological parent is found to be deceased,
the court shall disclose the identifying information as to that biological
parent to the adopted adult or the adopted adult's lineal descendants if
the adopted adult is deceased, provided that the other biological parent
either:
(1) Is unknown;
(2) Is known but cannot be found and notified pursuant to section 5
of this act;
(3) Is deceased; or
(4) Has filed with the court an affidavit authorizing release of
identifying information. If the biological parent fails or refuses to file
an affidavit with the court authorizing the release of identifying
information, then the identifying information shall not be released to the
adopted adult. No additional request for the same or substantially the
same information may be made within three years of the time the biological
parent fails or refuses to file an affidavit authorizing the release of
identifying information.
8. Any adopted adult whose adoption was finalized in this state or
whose biological parents had their parental rights terminated in this state
may request the court to secure and disclose identifying information
concerning an adult sibling. Identifying information pertaining
exclusively to the adult sibling, whether part of the permanent record of a
file in the court or in an agency, shall be released only upon consent of
that adult sibling.
9. The central office of the children's division within the
department of social services shall maintain a registry by which biological
parents, adult siblings, and adoptive adults may indicate their desire to
be contacted by each other. The division may request such identification
for the registry as a party may possess to assure positive identifications.
At the time of registry, a biological parent or adult sibling may consent
in writing to the release of identifying information to an adopted adult.
If such a consent has not been executed and the division believes that a
match has occurred on the registry between biological parents or adult
siblings and an adopted adult, an employee of the division shall make the
confidential contact provided in subsection 5 of this section with the
biological parents or adult siblings and with the adopted adult. If the
division believes that a match has occurred on the registry between one
biological parent or adult sibling and an adopted adult, an employee of the
division shall make the confidential contact provided by subsection 5 of
this section with the biological parent or adult sibling. The division
shall then attempt to make such confidential contact with the other
biological parent, and shall proceed thereafter to make such confidential
contact with the adopted adult only if the division determines that the
other biological parent meets one of the conditions specified in subsection
7 of this section. The biological parent, adult sibling, or adopted adult
may refuse to go forward with any further contact between the parties when
contacted by the division.
10. The provisions of this section, except as provided in subsection
5 of this section governing the release of identifying and nonidentifying
adoptive information apply to adoptions completed before and after August
13, 1986.
(L. 1986 H.B. 920 § 1, A.L. 2005 S.B. 21, A.L. 2011 S.B. 351)
2005
1991
2005
453.121. 1. As used in this section, unless the context clearly
indicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is eighteen years of age or
over;
(2) "Adopted child", any adopted person who is less than eighteen years
of age;
(3) "Adult sibling", any brother or sister of the whole or half blood
who is eighteen years of age or over;
(4) "Identifying information", information which includes the name, date
of birth, place of birth and last known address of the biological parent;
(5) "Nonidentifying information", information concerning the physical
description, nationality, religious background and medical history of the
biological parent or sibling.
2. All papers, records, and information pertaining to an adoption whether
part of any permanent record or file may be disclosed only in accordance with
this section.
3. Nonidentifying information, if known, concerning undisclosed
biological parents or siblings shall be furnished by the child-placing agency
or the juvenile court to the adoptive parents, legal guardians or adopted
adult upon written request therefor.
4. An adopted adult may make a written request to the circuit court
having original jurisdiction of such adoption to secure and disclose
information identifying the adopted adult's biological parents. If the
biological parents have consented to the release of identifying information
under subsection 11 of this section, the court shall disclose such identifying
information to the adopted adult. If the biological parents have not
consented to the release of identifying information under subsection 11 of
this section, the court shall, within ten days of receipt of the request,
notify in writing the adoptive parents of such petitioner and the
child-placing agency or juvenile court personnel having access to the
information requested of the request by the adopted adult.
5. Within three months after receiving notice of the request of the
adopted adult, the child-placing agency or juvenile court personnel shall
notify the adoptive parents, if such adoptive parents are living and shall
not make any attempt to notify the biological parents without prior written
consent of such adoptive parents for adoptions instituted or completed prior
to August 13, 1986, but may proceed if there is proof that the adoptive
parents are deceased or incapacitated, as such term is defined in chapter 475.
If the adoptive parents are living but are unwilling to give such written
consent, the child-placing agency or the juvenile court personnel shall make
a written report to the court stating that they were unable to notify the
biological parent. If the adoptive parents are deceased or give written
consent, the child-placing agency or the juvenile court personnel shall make
reasonable efforts to notify the biological parents of the request of the
adopted adult. The child-placing agency or juvenile court personnel may
charge actual costs to the adopted adult for the cost of making such search.
All communications under this subsection are confidential. For purposes of
this subsection, "notify" means a personal and confidential contact with the
biological parent of the adopted adult, which initial contact shall not be
made by mail and shall be made by an employee of the child-placing agency
which processed the adoption, juvenile court personnel or some other licensed
child-placing agency designated by the child-placing agency or juvenile
court. Nothing in this section shall be construed to permit the disclosure
of communications privileged pursuant to section 491.060. At the end of three
months, the child-placing agency or juvenile court personnel shall file a
report with the court stating that each biological parent that was located
was given the following information:
(1) The nature of the identifying information to which the agency has
access;
(2) The nature of any nonidentifying information requested;
(3) The date of the request of the adopted adult;
(4) The right of the biological parent to file an affidavit with the
court stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file an
affidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports to the
court that it has been unable to notify the biological parent within three
months, the identifying information shall not be disclosed to the adopted
adult. Additional requests for the same or substantially the same
information may not be made to the court within one year from the end of the
three-month period during which the attempted notification was made, unless
good cause is shown and leave of court is granted.
7. If, within three months, the child-placing agency or juvenile court
personnel reports to the court that it has notified the biological parent
pursuant to subsection 5 of this section, the court shall receive the
identifying information from the child-placing agency. If an affidavit duly
executed by a biological parent authorizing the release of information is
filed with the court, the court shall disclose the identifying information as
to that biological parent to the adopted adult, provided that the other
biological parent either:
(1) Is unknown;
(2) Is known but cannot be found and notified pursuant to section 5 of
this act;
(3) Is deceased; or
(4) Has filed with the court an affidavit authorizing release of
identifying information. If the biological parent fails or refuses to file
an affidavit with the court authorizing the release of identifying
information, then the identifying information shall not be released to the
adopted adult. No additional request for the same or substantially the same
information may be made within three years of the time the biological parent
fails or refuses to file an affidavit authorizing the release of identifying
information.
8. If the biological parent is deceased but previously had filed an
affidavit with the court stating that identifying information shall be
disclosed, the information shall be forwarded to and released by the court to
the adopted adult. If the biological parent is deceased and, at any time prior
to his death, the biological parent did not file an affidavit with the court
stating that the identifying information shall be disclosed, the adopted
adult may petition the court for an order releasing the identifying
information. The court shall grant the petition upon a finding that
disclosure of the information is necessary for health-related purposes.
9. Any adopted adult whose adoption was finalized in this state or whose
biological parents had their parental rights terminated in this state may
request the court to secure and disclose identifying information concerning an
adult sibling and upon a finding by the court that such information is
necessary for urgent health-related purposes in the same manner as provided
in this section. Identifying information pertaining exclusively to the adult
sibling, whether part of the permanent record of a file in the court or in an
agency, shall be released only upon consent of that adult sibling.
10. The central office of the children's division within the department
of social services shall maintain a registry by which biological parents,
adult siblings, and adoptive adults may indicate their desire to be contacted
by each other. The division may request such identification for the registry
as a party may possess to assure positive identifications. At the time of
registry, a biological parent or adult sibling may consent in writing to the
release of identifying information to an adopted adult. If such a consent has
not been executed and the division believes that a match has occurred on the
registry between biological parents or adult siblings and an adopted adult,
an employee of the division shall make the confidential contact provided in
subsection 5 of this section with the biological parents or adult siblings
and with the adopted adult. If the division believes that a match has
occurred on the registry between one biological parent or adult sibling and
an adopted adult, an employee of the division shall make the confidential
contact provided by subsection 5 of this section with the biological parent
or adult sibling. The division shall then attempt to make such confidential
contact with the other biological parent, and shall proceed thereafter to
make such confidential contact with the adopted adult only if the division
determines that the other biological parent meets one of the conditions
specified in subsection 7 of this section. The biological parent, adult
sibling, or adopted adult may refuse to go forward with any further contact
between the parties when contacted by the division.
11. The provisions of this section, except as provided in subsection 5
of this section governing the release of identifying and nonidentifying
adoptive information apply to adoptions completed before and after August 13,
1986.
1991
453.121. 1. As used in this section, unless the context clearly
indicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is twenty-one years of age
or over;
(2) "Adopted child", any adopted person who is less than twenty-one
years of age;
(3) "Adult sibling", any brother or sister of the whole or half blood
who is twenty-one years of age or over;
(4) "Identifying information", information which includes the name, date
of birth, place of birth and last known address of the biological parent;
(5) "Nonidentifying information", information concerning the physical
description, nationality, religious background and medical history of the
biological parent or sibling.
2. All papers, records, and information pertaining to an adoption
whether part of any permanent record or file may be disclosed only in
accordance with this section.
3. Nonidentifying information, if known, concerning undisclosed
biological parents or siblings shall be furnished by the child-placing agency
or the juvenile court to the adoptive parents, legal guardians or adopted
adult upon written request therefor.
4. An adopted adult may make a written request to the circuit court
having original jurisdiction of such adoption to secure and disclose
information identifying the adopted adult's biological parents. The court
shall, within ten days of receipt of the request, notify in writing the
adoptive parents of such petitioner and the child-placing agency or juvenile
court personnel having access to the information requested of the request by
the adopted adult.
5. Within three months after receiving notice of the request of the
adopted adult, the child-placing agency or juvenile court personnel shall
notify the adoptive parents, if such adoptive parents are living and shall not
make any attempt to notify the biological parents without prior written
consent of such adoptive parents for adoptions instituted or completed prior
to August 13, 1986, but may proceed if there is proof that the adoptive
parents are deceased or incapacitated, as such term is defined in chapter 475,
RSMo. If the adoptive parents are living but are unwilling to give such
written consent, the child-placing agency or the juvenile court personnel
shall make a written report to the court stating that they were unable to
notify the biological parent. If the adoptive parents are deceased or give
written consent, the child-placing agency or the juvenile court personnel
shall make reasonable efforts to notify the biological parents of the request
of the adopted adult. The child-placing agency or juvenile court personnel
may charge actual costs to the adopted adult for the cost of making such
search. All communications under this subsection are confidential. For
purposes of this subsection, "notify" means a personal and confidential
contact with the biological parent of the adopted adult, which initial contact
shall not be made by mail and shall be made by an employee of the
child-placing agency which processed the adoption, juvenile court personnel or
some other licensed child-placing agency designated by the child-placing
agency or juvenile court. Nothing in this section shall be construed to
permit the disclosure of communications privileged pursuant to section
491.060, RSMo. At the end of three months, the child-placing agency or
juvenile court personnel shall file a report with the court stating that each
biological parent that was located was given the following information:
(1) The nature of the identifying information to which the agency has
access;
(2) The nature of any nonidentifying information requested;
(3) The date of the request of the adopted adult;
(4) The right of the biological parent to file an affidavit with the
court stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file an
affidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports to
the court that it has been unable to notify the biological parent within three
months, the identifying information shall not be disclosed to the adopted
adult. Additional requests for the same or substantially the same information
may not be made to the court within one year from the end of the three-month
period during which the attempted notification was made, unless good cause is
shown and leave of court is granted.
7. If, within three months, the child-placing agency or juvenile court
personnel reports to the court that it has notified the biological parent
pursuant to subsection 5 of this section, the court shall receive the
identifying information from the child-placing agency. If an affidavit duly
executed by a biological parent authorizing the release of information is
filed with the court, the court shall disclose the identifying information as
to that biological parent to the adopted adult, provided that the other
biological parent either:
(1) Is unknown;
(2) Is known but cannot be found and notified pursuant to section 5 of
this act;
(3) Is deceased; or
(4) Has filed with the court an affidavit authorizing release of
identifying information. If the biological parent fails or refuses to file an
affidavit with the court authorizing the release of identifying information,
then the identifying information shall not be released to the adopted adult.
No additional request for the same or substantially the same information may
be made within three years of the time the biological parent fails or refuses
to file an affidavit authorizing the release of identifying information.
8. If the biological parent is deceased but previously had filed an
affidavit with the court stating that identifying information shall be
disclosed, the information shall be forwarded to and released by the court to
the adopted adult. If the biological parent is deceased and, at any time
prior to his death, the biological parent did not file an affidavit with the
court stating that the identifying information shall be disclosed, the adopted
adult may petition the court for an order releasing the identifying
information. The court shall grant the petition upon a finding that
disclosure of the information is necessary for health-related purposes.
9. Any adopted adult whose adoption was finalized in this state or whose
biological parents had their parental rights terminated in this state may
request the court to secure and disclose identifying information concerning an
adult sibling and upon a finding by the court that such information is
necessary for urgent health-related purposes in the same manner as provided in
this section. Identifying information pertaining exclusively to the adult
sibling, whether part of the permanent record of a file in the court or in an
agency, shall be released only upon consent of that adult sibling.
10. The central office of the division of family services of the
department of social services shall maintain a registry by which biological
parents and adoptive adults may indicate their desire to be contacted by each
other. The division may request such identification for the registry as a
party may possess to assure positive identifications. If the division
believes that a match has occurred on the registry between both biological
parents and an adopted adult, an employee of the division shall make the
confidential contact provided in subsection 5 of this section with the
biological parents and with the adopted adult. If the division believes that
a match has occurred on the registry between one biological parent and an
adopted adult, an employee of the division shall make the confidential contact
provided by subsection 5 of this section with the biological parent. The
division shall then attempt to make such confidential contact with the other
biological parent, and shall proceed thereafter to make such confidential
contact with the adopted adult only if the division determines that the other
biological parent meets one of the conditions specified in subsection 7 of
this section. The biological parent or adopted adult may refuse to go forward
with any further contact between the parties when contacted by the division.
11. The provisions of this section, except as provided in subsection 5
of this section governing the release of identifying and nonidentifying
adoptive information apply to adoptions completed before and after August 13,
1986.
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