SECOND REGULAR SESSION
HOUSE COMMITTEE SUBSTITUTE FOR
HOUSE BILL NO. 1713
99TH GENERAL ASSEMBLY
5090H.02C D. ADAM CRUMBLISS, Chief Clerk
To repeal section 193.128, RSMo, and to enact in lieu thereof one new section relating to the
Missouri adoptee rights act.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Section 193.128, RSMo, is repealed and one new section enacted in lieu
2 thereof, to be known as section 193.128, to read as follows:
193.128. 1. The provisions of section 193.125 and this section shall be known and may
2 be cited as the “Missouri Adoptee Rights Act”.
3 2. Notwithstanding section 453.121 to the contrary, an adopted person or the adopted
4 person’s attorney or birth parents may obtain a copy of such adopted person’s original
5 certificate of birth from the state registrar in accordance with this section.
6 3. In order for an adopted person to receive a copy of his or her original certificate of
7 birth, the adopted person shall:
8 (1) Be at least eighteen years of age;
9 (2) Have been born in this state; and
10 (3) File a written application with and provide appropriate proof of identification to the
11 state registrar.
12 4. The state registrar may require a waiting period and impose a fee for issuance of the
13 uncertified copy under subsection 5 of this section. The fees and waiting period imposed under
14 this subsection shall be identical to the fees and waiting period generally imposed on nonadopted
15 persons seeking their own certificates of birth.
16 5. Upon receipt of a written application and proof of identification under subsection 3
17 of this section and fulfillment of the requirements of subsection 4 of this section, the state
18 registrar shall issue an uncertified copy of the unaltered original certificate of birth to the
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended
to be omitted from the law. Matter in bold-face type in the above bill is proposed language.
19 applicant. The copy of the certificate of birth shall have the following statement printed on it:
20 “For genealogical purposes only - not to be used for establishing identity.”.
21 6. A birth parent or adoptee may, at any time, request from the state registrar a contact
22 preference form that shall accompany the original birth certificate of an adopted person. The
23 birth parent shall provide appropriate proof of identification to the state registrar. The
24 contact preference form shall include the following options:
25 (1) “I would like to be contacted”;
26 (2) “I prefer to be contacted by an intermediary”; and
27 (3) “I prefer not to be contacted”.
29 A contact preference form may be updated by a birth parent or adoptee at any time upon the
30 request of the birth parent or adoptee. A contact preference form completed by a birth parent
31 or adoptee at the time of the adoption and forwarded to the state registrar by the clerk of the
32 court shall accompany the original birth certificate of the adopted person and may be updated by
33 the birth parent or adoptee at any time upon the request of the birth parent or adoptee.
34 7. If both birth parents indicate on the contact preference form that they would prefer not
35 to be contacted, a copy of the original birth certificate of the adopted person shall not be released.
36 If only one birth parent indicates on the contact preference form that he or she would prefer not
37 to be contacted, his or her identifying information, as defined in section 453.121, shall be
38 redacted from a copy of the original birth certificate of the adopted person and the copy of the
39 original birth certificate shall be released under the provisions of this section.
40 8. A birth parent may, at any time, request a medical history form from the state registrar
41 and the state registrar shall provide a medical history form to any birth parent who requests a
42 contact preference form. The medical history form shall include the following options:
43 (1) “I am not aware of any medical history of any significance”;
44 (2) “I prefer not to provide any medical information at this time”; and
45 (3) “I wish to give the following medical information”.
47 A medical history form may be updated by a birth parent at any time upon the request of the birth
49 9. A contact preference form or a medical history form received by the state registrar
50 shall be placed in a sealed envelope upon receipt from the birth parent and shall be considered
51 a confidential communication from the birth parent to the adopted person. The sealed envelope
52 shall only be released to the adopted person requesting his or her own original birth certificate
53 under the provisions of this section.
54 10. If a birth parent indicates on the contact preference form that he or she would prefer
55 not to be contacted, the adopted person shall have access to a copy of the medical history form
56 with the identifying information of such birth parent redacted.
57 11. Upon proof that an adopted person is deceased, his or her lineal descendants,
58 as defined in section 453.121, shall have the right to obtain a copy of the adopted person’s
59 original birth certificate and accompanying contact preference form and medical history
60 form under the provisions of this section.
61 12. The cost of a contact preference form shall not exceed the cost of obtaining an
62 original birth certificate. There shall be no charge for a medical history form.
63 [12.] 13. Beginning August 28, 2016, there shall be a public notification period to allow
64 time for birth parents to file a contact preference form. Beginning January 1, 2018, original birth
65 certificates shall be issued under the provisions of this section. An adopted person born prior
66 to 1941 shall be given access to his or her original birth certificate beginning August 28, 2016.
67 [13.] 14. The state registrar shall develop by rule the application form required by this
68 section and may adopt other rules for the administration of this section. Any rule or portion of
69 a rule, as that term is defined in section 536.010, that is created under the authority delegated in
70 this section shall become effective only if it complies with and is subject to all of the provisions
71 of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable
72 and if any of the powers vested with the general assembly under chapter 536 to review, to delay
73 the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then
74 the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall
75 be invalid and void.