Adoption records, disclosure procedure--registry of biological parentsand adopted adults.
453.121. 1. As used in this section, unless the context clearlyindicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is eighteen years of ageor over;
(2) "Adopted child", any adopted person who is less than eighteenyears of age;
(3) "Adult sibling", any brother or sister of the whole or half bloodwho 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 biologicalparent;
(5) "Nonidentifying information", information concerning the physicaldescription, nationality, religious background and medical history of thebiological parent or sibling.
2. All papers, records, and information pertaining to an adoptionwhether part of any permanent record or file may be disclosed only inaccordance with this section.
3. Nonidentifying information, if known, concerning undisclosedbiological parents or siblings shall be furnished by the child-placingagency or the juvenile court to the adoptive parents, legal guardians oradopted adult upon written request therefor.
4. An adopted adult may make a written request to the circuit courthaving original jurisdiction of such adoption to secure and discloseinformation identifying the adopted adult's biological parents. If thebiological parents have consented to the release of identifying informationunder subsection 11 of this section, the court shall disclose suchidentifying information to the adopted adult. If the biological parentshave not consented to the release of identifying information undersubsection 11 of this section, the court shall, within ten days of receiptof the request, notify in writing the adoptive parents of such petitionerand the child-placing agency or juvenile court personnel having access tothe information requested of the request by the adopted adult.
5. Within three months after receiving notice of the request of theadopted adult, the child-placing agency or juvenile court personnel shallnotify the adoptive parents, if such adoptive parents are living and shallnot make any attempt to notify the biological parents without prior writtenconsent of such adoptive parents for adoptions instituted or completedprior to August 13, 1986, but may proceed if there is proof that theadoptive parents are deceased or incapacitated, as such term is defined inchapter 475, RSMo. If the adoptive parents are living but are unwilling togive such written consent, the child-placing agency or the juvenile courtpersonnel shall make a written report to the court stating that they wereunable to notify the biological parent. If the adoptive parents aredeceased or give written consent, the child-placing agency or the juvenilecourt personnel shall make reasonable efforts to notify the biologicalparents of the request of the adopted adult. The child-placing agency orjuvenile court personnel may charge actual costs to the adopted adult forthe cost of making such search. All communications under this subsectionare confidential. For purposes of this subsection, "notify" means apersonal and confidential contact with the biological parent of the adoptedadult, which initial contact shall not be made by mail and shall be made byan employee of the child-placing agency which processed the adoption,juvenile court personnel or some other licensed child-placing agencydesignated by the child-placing agency or juvenile court. Nothing in thissection shall be construed to permit the disclosure of communicationsprivileged pursuant to section 491.060, RSMo. At the end of three months,the child-placing agency or juvenile court personnel shall file a reportwith the court stating that each biological parent that was located wasgiven the following information:
(1) The nature of the identifying information to which the agency hasaccess;
(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 thecourt stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file anaffidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports tothe court that it has been unable to notify the biological parent withinthree months, the identifying information shall not be disclosed to theadopted adult. Additional requests for the same or substantially the sameinformation may not be made to the court within one year from the end ofthe 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 juvenilecourt personnel reports to the court that it has notified the biologicalparent pursuant to subsection 5 of this section, the court shall receivethe identifying information from the child-placing agency. If an affidavitduly executed by a biological parent authorizing the release of informationis filed with the court, the court shall disclose the identifyinginformation as to that biological parent to the adopted adult, providedthat the other biological parent either:
(1) Is unknown;
(2) Is known but cannot be found and notified pursuant to section 5of this act;
(3) Is deceased; or
(4) Has filed with the court an affidavit authorizing release ofidentifying information. If the biological parent fails or refuses to filean affidavit with the court authorizing the release of identifyinginformation, then the identifying information shall not be released to theadopted adult. No additional request for the same or substantially thesame information may be made within three years of the time the biologicalparent fails or refuses to file an affidavit authorizing the release ofidentifying information.
8. If the biological parent is deceased but previously had filed anaffidavit with the court stating that identifying information shall bedisclosed, the information shall be forwarded to and released by the courtto the adopted adult. If the biological parent is deceased and, at anytime prior to his death, the biological parent did not file an affidavitwith the court stating that the identifying information shall be disclosed,the adopted adult may petition the court for an order releasing theidentifying information. The court shall grant the petition upon a findingthat disclosure of the information is necessary for health-relatedpurposes.
9. Any adopted adult whose adoption was finalized in this state orwhose biological parents had their parental rights terminated in this statemay request the court to secure and disclose identifying informationconcerning an adult sibling and upon a finding by the court that suchinformation is necessary for urgent health-related purposes in the samemanner as provided in this section. Identifying information pertainingexclusively to the adult sibling, whether part of the permanent record of afile in the court or in an agency, shall be released only upon consent ofthat adult sibling.
10. The central office of the children's division within thedepartment of social services shall maintain a registry by which biologicalparents, adult siblings, and adoptive adults may indicate their desire tobe contacted by each other. The division may request such identificationfor the registry as a party may possess to assure positive identifications.At the time of registry, a biological parent or adult sibling may consentin writing to the release of identifying information to an adopted adult.If such a consent has not been executed and the division believes that amatch has occurred on the registry between biological parents or adultsiblings and an adopted adult, an employee of the division shall make theconfidential contact provided in subsection 5 of this section with thebiological parents or adult siblings and with the adopted adult. If thedivision believes that a match has occurred on the registry between onebiological parent or adult sibling and an adopted adult, an employee of thedivision shall make the confidential contact provided by subsection 5 ofthis section with the biological parent or adult sibling. The divisionshall then attempt to make such confidential contact with the otherbiological parent, and shall proceed thereafter to make such confidentialcontact with the adopted adult only if the division determines that theother biological parent meets one of the conditions specified in subsection7 of this section. The biological parent, adult sibling, or adopted adultmay refuse to go forward with any further contact between the parties whencontacted by the division.
11. The provisions of this section, except as provided in subsection5 of this section governing the release of identifying and nonidentifyingadoptive information apply to adoptions completed before and after August13, 1986.
Adoption records, disclosure procedure--registry of biological parentsand adopted adults.
453.121. 1. As used in this section, unless the context clearlyindicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is eighteen years of ageor over;
(2) "Adopted child", any adopted person who is less than eighteenyears of age;
(3) "Adult sibling", any brother or sister of the whole or half bloodwho 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 biologicalparent;
(5) "Nonidentifying information", information concerning the physicaldescription, nationality, religious background and medical history of thebiological parent or sibling.
2. All papers, records, and information pertaining to an adoptionwhether part of any permanent record or file may be disclosed only inaccordance with this section.
3. Nonidentifying information, if known, concerning undisclosedbiological parents or siblings shall be furnished by the child-placingagency or the juvenile court to the adoptive parents, legal guardians oradopted adult upon written request therefor.
4. An adopted adult may make a written request to the circuit courthaving original jurisdiction of such adoption to secure and discloseinformation identifying the adopted adult's biological parents. If thebiological parents have consented to the release of identifying informationunder subsection 11 of this section, the court shall disclose suchidentifying information to the adopted adult. If the biological parentshave not consented to the release of identifying information undersubsection 11 of this section, the court shall, within ten days of receiptof the request, notify in writing the adoptive parents of such petitionerand the child-placing agency or juvenile court personnel having access tothe information requested of the request by the adopted adult.
5. Within three months after receiving notice of the request of theadopted adult, the child-placing agency or juvenile court personnel shallnotify the adoptive parents, if such adoptive parents are living and shallnot make any attempt to notify the biological parents without prior writtenconsent of such adoptive parents for adoptions instituted or completedprior to August 13, 1986, but may proceed if there is proof that theadoptive parents are deceased or incapacitated, as such term is defined inchapter 475, RSMo. If the adoptive parents are living but are unwilling togive such written consent, the child-placing agency or the juvenile courtpersonnel shall make a written report to the court stating that they wereunable to notify the biological parent. If the adoptive parents aredeceased or give written consent, the child-placing agency or the juvenilecourt personnel shall make reasonable efforts to notify the biologicalparents of the request of the adopted adult. The child-placing agency orjuvenile court personnel may charge actual costs to the adopted adult forthe cost of making such search. All communications under this subsectionare confidential. For purposes of this subsection, "notify" means apersonal and confidential contact with the biological parent of the adoptedadult, which initial contact shall not be made by mail and shall be made byan employee of the child-placing agency which processed the adoption,juvenile court personnel or some other licensed child-placing agencydesignated by the child-placing agency or juvenile court. Nothing in thissection shall be construed to permit the disclosure of communicationsprivileged pursuant to section 491.060, RSMo. At the end of three months,the child-placing agency or juvenile court personnel shall file a reportwith the court stating that each biological parent that was located wasgiven the following information:
(1) The nature of the identifying information to which the agency hasaccess;
(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 thecourt stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file anaffidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports tothe court that it has been unable to notify the biological parent withinthree months, the identifying information shall not be disclosed to theadopted adult. Additional requests for the same or substantially the sameinformation may not be made to the court within one year from the end ofthe 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 juvenilecourt personnel reports to the court that it has notified the biologicalparent pursuant to subsection 5 of this section, the court shall receivethe identifying information from the child-placing agency. If an affidavitduly executed by a biological parent authorizing the release of informationis filed with the court, the court shall disclose the identifyinginformation as to that biological parent to the adopted adult, providedthat the other biological parent either:
(1) Is unknown;
(2) Is known but cannot be found and notified pursuant to section 5of this act;
(3) Is deceased; or
(4) Has filed with the court an affidavit authorizing release ofidentifying information. If the biological parent fails or refuses to filean affidavit with the court authorizing the release of identifyinginformation, then the identifying information shall not be released to theadopted adult. No additional request for the same or substantially thesame information may be made within three years of the time the biologicalparent fails or refuses to file an affidavit authorizing the release ofidentifying information.
8. If the biological parent is deceased but previously had filed anaffidavit with the court stating that identifying information shall bedisclosed, the information shall be forwarded to and released by the courtto the adopted adult. If the biological parent is deceased and, at anytime prior to his death, the biological parent did not file an affidavitwith the court stating that the identifying information shall be disclosed,the adopted adult may petition the court for an order releasing theidentifying information. The court shall grant the petition upon a findingthat disclosure of the information is necessary for health-relatedpurposes.
9. Any adopted adult whose adoption was finalized in this state orwhose biological parents had their parental rights terminated in this statemay request the court to secure and disclose identifying informationconcerning an adult sibling and upon a finding by the court that suchinformation is necessary for urgent health-related purposes in the samemanner as provided in this section. Identifying information pertainingexclusively to the adult sibling, whether part of the permanent record of afile in the court or in an agency, shall be released only upon consent ofthat adult sibling.
10. The central office of the children's division within thedepartment of social services shall maintain a registry by which biologicalparents, adult siblings, and adoptive adults may indicate their desire tobe contacted by each other. The division may request such identificationfor the registry as a party may possess to assure positive identifications.At the time of registry, a biological parent or adult sibling may consentin writing to the release of identifying information to an adopted adult.If such a consent has not been executed and the division believes that amatch has occurred on the registry between biological parents or adultsiblings and an adopted adult, an employee of the division shall make theconfidential contact provided in subsection 5 of this section with thebiological parents or adult siblings and with the adopted adult. If thedivision believes that a match has occurred on the registry between onebiological parent or adult sibling and an adopted adult, an employee of thedivision shall make the confidential contact provided by subsection 5 ofthis section with the biological parent or adult sibling. The divisionshall then attempt to make such confidential contact with the otherbiological parent, and shall proceed thereafter to make such confidentialcontact with the adopted adult only if the division determines that theother biological parent meets one of the conditions specified in subsection7 of this section. The biological parent, adult sibling, or adopted adultmay refuse to go forward with any further contact between the parties whencontacted by the division.
11. The provisions of this section, except as provided in subsection5 of this section governing the release of identifying and nonidentifyingadoptive information apply to adoptions completed before and after August13, 1986.
Adoption records, disclosure procedure--registry of biological parentsand adopted adults.
453.121. 1. As used in this section, unless the context clearlyindicates otherwise, the following terms mean:
(1) "Adopted adult", any adopted person who is eighteen years of ageor over;
(2) "Adopted child", any adopted person who is less than eighteenyears of age;
(3) "Adult sibling", any brother or sister of the whole or half bloodwho 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 biologicalparent;
(5) "Nonidentifying information", information concerning the physicaldescription, nationality, religious background and medical history of thebiological parent or sibling.
2. All papers, records, and information pertaining to an adoptionwhether part of any permanent record or file may be disclosed only inaccordance with this section.
3. Nonidentifying information, if known, concerning undisclosedbiological parents or siblings shall be furnished by the child-placingagency or the juvenile court to the adoptive parents, legal guardians oradopted adult upon written request therefor.
4. An adopted adult may make a written request to the circuit courthaving original jurisdiction of such adoption to secure and discloseinformation identifying the adopted adult's biological parents. If thebiological parents have consented to the release of identifying informationunder subsection 11 of this section, the court shall disclose suchidentifying information to the adopted adult. If the biological parentshave not consented to the release of identifying information undersubsection 11 of this section, the court shall, within ten days of receiptof the request, notify in writing the adoptive parents of such petitionerand the child-placing agency or juvenile court personnel having access tothe information requested of the request by the adopted adult.
5. Within three months after receiving notice of the request of theadopted adult, the child-placing agency or juvenile court personnel shallnotify the adoptive parents, if such adoptive parents are living and shallnot make any attempt to notify the biological parents without prior writtenconsent of such adoptive parents for adoptions instituted or completedprior to August 13, 1986, but may proceed if there is proof that theadoptive parents are deceased or incapacitated, as such term is defined inchapter 475, RSMo. If the adoptive parents are living but are unwilling togive such written consent, the child-placing agency or the juvenile courtpersonnel shall make a written report to the court stating that they wereunable to notify the biological parent. If the adoptive parents aredeceased or give written consent, the child-placing agency or the juvenilecourt personnel shall make reasonable efforts to notify the biologicalparents of the request of the adopted adult. The child-placing agency orjuvenile court personnel may charge actual costs to the adopted adult forthe cost of making such search. All communications under this subsectionare confidential. For purposes of this subsection, "notify" means apersonal and confidential contact with the biological parent of the adoptedadult, which initial contact shall not be made by mail and shall be made byan employee of the child-placing agency which processed the adoption,juvenile court personnel or some other licensed child-placing agencydesignated by the child-placing agency or juvenile court. Nothing in thissection shall be construed to permit the disclosure of communicationsprivileged pursuant to section 491.060, RSMo. At the end of three months,the child-placing agency or juvenile court personnel shall file a reportwith the court stating that each biological parent that was located wasgiven the following information:
(1) The nature of the identifying information to which the agency hasaccess;
(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 thecourt stating that the identifying information should be disclosed;
(5) The effect of a failure of the biological parent to file anaffidavit stating that the identifying information should be disclosed.
6. If the child-placing agency or juvenile court personnel reports tothe court that it has been unable to notify the biological parent withinthree months, the identifying information shall not be disclosed to theadopted adult. Additional requests for the same or substantially the sameinformation may not be made to the court within one year from the end ofthe 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 juvenilecourt personnel reports to the court that it has notified the biologicalparent pursuant to subsection 5 of this section, the court shall receivethe identifying information from the child-placing agency. If an affidavitduly executed by a biological parent authorizing the release of informationis filed with the court, the court shall disclose the identifyinginformation as to that biological parent to the adopted adult, providedthat the other biological parent either:
(1) Is unknown;
(2) Is known but cannot be found and notified pursuant to section 5of this act;
(3) Is deceased; or
(4) Has filed with the court an affidavit authorizing release ofidentifying information. If the biological parent fails or refuses to filean affidavit with the court authorizing the release of identifyinginformation, then the identifying information shall not be released to theadopted adult. No additional request for the same or substantially thesame information may be made within three years of the time the biologicalparent fails or refuses to file an affidavit authorizing the release ofidentifying information.
8. If the biological parent is deceased but previously had filed anaffidavit with the court stating that identifying information shall bedisclosed, the information shall be forwarded to and released by the courtto the adopted adult. If the biological parent is deceased and, at anytime prior to his death, the biological parent did not file an affidavitwith the court stating that the identifying information shall be disclosed,the adopted adult may petition the court for an order releasing theidentifying information. The court shall grant the petition upon a findingthat disclosure of the information is necessary for health-relatedpurposes.
9. Any adopted adult whose adoption was finalized in this state orwhose biological parents had their parental rights terminated in this statemay request the court to secure and disclose identifying informationconcerning an adult sibling and upon a finding by the court that suchinformation is necessary for urgent health-related purposes in the samemanner as provided in this section. Identifying information pertainingexclusively to the adult sibling, whether part of the permanent record of afile in the court or in an agency, shall be released only upon consent ofthat adult sibling.
10. The central office of the children's division within thedepartment of social services shall maintain a registry by which biologicalparents, adult siblings, and adoptive adults may indicate their desire tobe contacted by each other. The division may request such identificationfor the registry as a party may possess to assure positive identifications.At the time of registry, a biological parent or adult sibling may consentin writing to the release of identifying information to an adopted adult.If such a consent has not been executed and the division believes that amatch has occurred on the registry between biological parents or adultsiblings and an adopted adult, an employee of the division shall make theconfidential contact provided in subsection 5 of this section with thebiological parents or adult siblings and with the adopted adult. If thedivision believes that a match has occurred on the registry between onebiological parent or adult sibling and an adopted adult, an employee of thedivision shall make the confidential contact provided by subsection 5 ofthis section with the biological parent or adult sibling. The divisionshall then attempt to make such confidential contact with the otherbiological parent, and shall proceed thereafter to make such confidentialcontact with the adopted adult only if the division determines that theother biological parent meets one of the conditions specified in subsection7 of this section. The biological parent, adult sibling, or adopted adultmay refuse to go forward with any further contact between the parties whencontacted by the division.
11. The provisions of this section, except as provided in subsection5 of this section governing the release of identifying and nonidentifyingadoptive information apply to adoptions completed before and after August13, 1986.
