Missouri

Overview

Original Birth Certificates. Missouri is a Compromised State. It denies adult adopted people the unrestricted right to request and obtain their own original birth certificates. While current law allows release of copy of the original birth record to an adopted person, it is subject to significant restrictions, including birthparent zombie vetoes and redactions.

How It Works. Missouri-born adoptees who are 18 years of age or older may apply for non-certified copy of their original birth certificate. A birthparent, however, may restrict the release of the OBC by filing a corrupt contact preference form that says “I prefer not to be contacted.” Depending on whether one or two parents are listed on the original birth certificate, the OBC is either withheld entirely from the adoptee or identifying information is redacted. In addition, under regulations adopted by the Missouri Department of Health and Senior Services, identifying information on the OBC is also redacted if a parent requests contact through an intermediary.

Court Records/Identifying Information. Court adoption records are sealed and only available to an adopted person by court order or if the birthparent is deceased or provides permission to release the records. Lineal descendants of an adopted person may also request court adoption records, subject to birthparent consent or death in order for the records to be released. If consent to release is not on file, the court refers the matter to the agency that handled the adoption to initiate a search for the parent.

Zombie Veto. Missouri law allows zombie vetoes—that is, a birth parent’s disclosure veto lasts beyond the parent’s death and will continue to prohibit the release of an original birth certificate to the adoptee.

Descendant Rights. The lineal descendants of a deceased adopted person may request a non-certified copy of the adoptee’s original birth certificate, subject to the same restrictions as the adopted person. In addition, birthparents may also request the record, though the adopted person may also veto disclosure through a corrupt contact preference form. The form for descendants or birthparents to request the record is here and is different than the form adopted people must use.

Adoption Registry. The Missouri Department of Social Services maintains the Adoption Information Registry. It is a mutual consent registry intended to facilitate contact and sharing of identifying information between Missouri-born adopted people and their biological relatives, including birthparents and adult siblings.

Adult Adoption. Missouri law provides for adoption of adults. Only the consent of the person to be adopted is necessary for an adult adoption. In the context of a final adoption, “child” is interpreted to mean “either a person under or over the age of eighteen years.”

Missouri Law: Vital Records and Birth Certificates

Relevant parts of Missouri vital records law. The entire Missouri vital records statute is available here.

193.095.  Parentage unknown — report of custodian constitutes certificate — inspection by court order only
1.  Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within seven days to the local registrar the following information:

(1)  The date and place of finding;
(2)  Sex, color or race, and approximate birth date of child;
(3) Name and address of the person or institution with whom the child has been placed for care;
(4)  Name given to the child by the custodian of the child;
(5)  Other data required by the state registrar.

2.  The place where the child was found shall be entered as the place of birth.

3.  A report registered under this section shall constitute the certificate of birth for the child.

4.  If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation of the department.

193.095.  Parentage unknown — report of custodian constitutes certificate — inspection by court order only
1.  Whoever assumes the custody of a live born infant of unknown parentage shall report on a form and in a manner prescribed by the state registrar within seven days to the local registrar the following information:

(1)  The date and place of finding;
(2)  Sex, color or race, and approximate birth date of child;
(3) Name and address of the person or institution with whom the child has been placed for care;
(4)  Name given to the child by the custodian of the child;
(5)  Other data required by the state registrar.

2.  The place where the child was found shall be entered as the place of birth.

3.  A report registered under this section shall constitute the certificate of birth for the child.

4.  If the child is identified and a certificate of birth is found or obtained, the report registered under this section shall be placed in a special file and shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by regulation of the department.

193.125. Missouri adoptee rights act — adoption — new birth certificate, when — reports — duties — inspection of certain records by court order only
1. This section and section 193.128 shall be known and may be cited as the “Missouri Adoptee Rights Act”.

2. Except as otherwise provided in subsection 3 of this section, for each adoption decreed by a court of competent jurisdiction in this state, the court shall require the preparation of a certificate of decree of adoption on a form as prescribed or approved by the state registrar. The certificate of decree of adoption shall include such facts as are necessary to locate and identify the certificate of birth of the person adopted, and shall provide information necessary to establish a new certificate of birth of the person adopted and shall identify the court and county of the adoption and be certified by the clerk of the court. The state registrar shall file the original certificate of birth with the certificate of decree of adoption and such file may be opened by the state registrar only upon receipt of a certified copy of an order as decreed by the court of adoption or in accordance with section 193.128.

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

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

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

6. Not later than the fifteenth day of each calendar month or more frequently as directed by the state registrar the clerk of the court shall forward to the state registrar reports of decrees of adoption, annulment of adoption and amendments of decrees of adoption which were entered in the preceding month, together with such related reports as the state registrar shall require.

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

8. In a case of adoption in this state of a person not born in any state, territory or possession of the United States or country not covered by interchange agreements, the state registrar shall upon receipt of the certificate of decree of adoption prepare a birth certificate in the name of the adopted person, as decreed by the court. The state registrar shall file the certificate of the decree of adoption, and such documents may be opened by the state registrar only by an order of court. The birth certificate prepared under this subsection shall have the same legal weight as evidence as a delayed or altered birth certificate as provided in section 193.235.

9. The department, upon receipt of proof that a person has been adopted by a Missouri resident pursuant to laws of countries other than the United States, shall prepare a birth certificate in the name of the adopted person as decreed by the court of such country. If such proof contains the surname of either adoptive parent, the department of health and senior services shall prepare a birth certificate as requested by the adoptive parents. Any subsequent change of the name of the adopted person shall be made by a court of competent jurisdiction. The proof of adoption required by the department shall include a copy of the original birth certificate and adoption decree, an English translation of such birth certificate and adoption decree, and a copy of the approval of the immigration of the adopted person by the Immigration and Naturalization Service of the United States government which shows the child lawfully entered the United States. The authenticity of the translation of the birth certificate and adoption decree required by this subsection shall be sworn to by the translator in a notarized document. The state registrar shall file such documents received by the department relating to such adoption and such documents may be opened by the state registrar only by an order of a court. A birth certificate pursuant to this subsection shall be issued upon request of one of the adoptive parents of such adopted person or upon request of the adopted person if of legal age. The birth certificate prepared pursuant to the provisions of this subsection shall have the same legal weight as evidence as a delayed or altered birth certificate as provided in sections 193.005 to 193.325.

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

11. If no certificate of birth has been filed for a person twelve years of age or older who has been adopted, a new birth certificate is to be established under this section upon receipt of proof of adoption as required by the department. A new certificate shall be prepared in the name of the adopted person as decreed by the court, registering adopted parents’ names. The new certificate shall be prepared on a delayed birth certificate form. The adoption decree is placed in a sealed file and shall not be subject to inspection except upon an order of the court.

193.128. Citation of law — original birth certificate, adopted person may obtain, when — procedure, fee — contact preference form — medical history request — rulemaking authority
1. The provisions of section 193.125 and this section shall be known and may be cited as the “Missouri Adoptee Rights Act”.

2. Notwithstanding section 453.121 to the contrary, an adopted person or the adopted person’s attorney or birth parents may obtain a copy of such adopted person’s original certificate of birth from the state registrar in accordance with this section.

3. In order for an adopted person to receive a copy of his or her original certificate of birth, the adopted person shall:

(1) Be at least eighteen years of age;
(2) Have been born in this state; and
(3) File a written application with and provide appropriate proof of identification to the state registrar.

4. The state registrar may require a waiting period and impose a fee for issuance of the uncertified copy under subsection 5 of this section. The fees and waiting period imposed under this subsection shall be identical to the fees and waiting period generally imposed on nonadopted persons seeking their own certificates of birth.

5. Upon receipt of a written application and proof of identification under subsection 3 of this section and fulfillment of the requirements of subsection 4 of this section, the state registrar shall issue an uncertified copy of the unaltered original certificate of birth to the applicant. The copy of the certificate of birth shall have the following statement printed on it: “For genealogical purposes only – not to be used for establishing identity.”

6. A birth parent or adoptee may, at any time, request from the state registrar a contact preference form that shall accompany the original birth certificate of an adopted person. The birth parent shall provide appropriate proof of identification to the state registrar. The contact preference form shall include the following options:

(1) “I would like to be contacted”;
(2) “I prefer to be contacted by an intermediary”; and
(3) “I prefer not to be contacted”.

A contact preference form may be updated by a birth parent or adoptee at any time upon the request of the birth parent or adoptee. A contact preference form completed by a birth parent or adoptee at the time of the adoption and forwarded to the state registrar by the clerk of the court shall accompany the original birth certificate of the adopted person and may be updated by the birth parent or adoptee at any time upon the request of the birth parent or adoptee.

7. If both birth parents indicate on the contact preference form that they would prefer not to be contacted, a copy of the original birth certificate of the adopted person shall not be released. If only one birth parent indicates on the contact preference form that he or she would prefer not to be contacted, his or her identifying information, as defined in section 453.121, shall be redacted from a copy of the original birth certificate of the adopted person and the copy of the original birth certificate shall be released under the provisions of this section.

8. A birth parent may, at any time, request a medical history form from the state registrar and the state registrar shall provide a medical history form to any birth parent who requests a contact preference form. The medical history form shall include the following options:

(1) “I am not aware of any medical history of any significance”;
(2) “I prefer not to provide any medical information at this time”; and
(3) “I wish to give the following medical information”.

A medical history form may be updated by a birth parent at any time upon the request of the birth parent.

9. A contact preference form or a medical history form received by the state registrar shall be placed in a sealed envelope upon receipt from the birth parent and shall be considered a confidential communication from the birth parent to the adopted person. The sealed envelope shall only be released to the adopted person requesting his or her own original birth certificate under the provisions of this section.

10. If a birth parent indicates on the contact preference form that he or she would prefer not to be contacted, the adopted person shall have access to a copy of the medical history form with the identifying information of such birth parent redacted.

11. Upon proof that an adopted person is deceased, his or her lineal descendants, as defined in section 453.121, shall have the right to obtain a copy of the adopted person’s original birth certificate and accompanying contact preference form and medical history form in accordance with the provisions of subsection 7 of this section regarding birth parent contact preferences and subsection 10 of this section regarding birth parent medical histories.

12. The cost of a contact preference form shall not exceed the cost of obtaining an original birth certificate. There shall be no charge for a medical history form.

13. Beginning August 28, 2016, there shall be a public notification period to allow time for birth parents to file a contact preference form. Beginning January 1, 2018, original birth certificates shall be issued under the provisions of this section. An adopted person born prior to 1941 shall be given access to his or her original birth certificate beginning August 28, 2016.

14. The state registrar shall develop by rule the application form required by this section and may adopt other rules for the administration of this section. Any rule or portion of a rule, as that term is defined in section 536.010, that is created under the authority delegated in this section shall become effective only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, section 536.028. This section and chapter 536 are nonseverable and if any of the powers vested with the general assembly under chapter 536 to review, to delay the effective date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant of rulemaking authority and any rule proposed or adopted after August 28, 2016, shall be invalid and void.

193.135.  New certificate of birth established or old one amended, when — inspection of certain records by court order only
1.  The state registrar shall establish a new certificate of birth for a person born in this state when he or she received the following:

(1)  A certificate of decree of adoption as provided in section 193.125 or a report of adoption prepared and filed in accordance with the laws of another state or foreign country, or a certified copy of the decree of adoption, together with the information necessary to identify the original certificate of birth and to establish a new certificate of birth; except that a new certificate of birth shall not be established if so requested by the court decreeing the adoption, the adoptive parents, or the adopted person;

(2)  A request that a new certificate be established upon such evidence as required by the department proving that such person has been legitimated.

2.  When a new certificate of birth is established, the actual place and date of birth shall be shown.  The new certificate shall be substituted for the original certificate of birth in the files, and the original certificate of birth and the evidence of adoptions or legitimation shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by department rules.

3.  Upon receipt of a report of an amended decree of adoption, the certificate of birth shall be amended.

4.  Upon receipt of a report or decree of annulment of adoption, the original certificate of birth shall be restored to its place in the files and the new certificate and evidence shall not be subject to inspection except upon order of a court of competent jurisdiction or as provided by department rules.

5.  When a new certificate of birth is established by the state registrar, all copies of the original certificate of birth in the custody of any other custodian of vital records in this state shall be sealed from inspection or forwarded to the state registrar, as he directs.

193.245.  Inspection and copying of records, disclosure of information, unlawful unless authorized — authority
It shall be unlawful for any person to permit inspection of, or to disclose information contained in, vital records or to copy or issue a copy of all or part of any such record except as authorized by this law and by regulation or by order of a court of competent jurisdiction or in the following situations:

(1)  A listing of persons who are born or who die on a particular date may be disclosed upon request, but no information from the record other than the name and the date of such birth or death shall be disclosed;

(2)  The department may authorize the disclosure of information contained in vital records for legitimate research purposes;

(3)  To a qualified applicant as provided in section 193.255;

(4)  Copies of death records over fifty years old may be disclosed upon request.

Missouri Law: Court Records and Identifying Information

Relevant parts of Missouri adoption law related to court records and identifying information. The entire Missouri adoption statute is available here.

453.120. Records of adoption proceedings not open to inspection except on order of the court — penalty for violation
1. The files and records of the court in adoption proceedings shall not be open to inspection or copy by any person or persons, except upon an order of the court expressly permitting the same issued in accordance with the provisions of section 453.121.

2. Any person who permits such inspection or copy without an order of the court as provided in this section shall be guilty of a class C misdemeanor.

453.121.  Adoption records, disclosure procedure — registry of biological parents and adopted adults — disclosure of papers, records and information
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”, individually identifying information for or about a unique individual, including information likely to disclose the contact information, location, or identity of such individual;
(6)  “Lineal descendant”, as defined in section 472.010;
(7)  “Nonidentifying information”, information that is not identifying information.

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 subsection 5 of this section;
(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.  Notwithstanding any provision of law, all information, including identifying information, shall be released to an adopted adult if the adopted adult’s biological parent lost his or her parental rights through a nonconsensual termination of parental rights proceeding.

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.  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.

12.  All papers, records, and information known to or in the possession of an adoptive parent or adoptive child that pertain to an adoption, regardless of whether part of any permanent record or file, may be disclosed by the adoptive parent or adoptive child.  The provisions of this subsection shall not be construed to create a right to have access to information not otherwise allowed under this section.

Missouri Law: Adoption Generally

453.030. Approval of court required — how obtained, consent of child and parent required, when — validity of consent — forms, developed by children’s division, contents — court appointment of attorney, when
1. In all cases the approval of the court of the adoption shall be required and such approval shall be given or withheld as the welfare of the person sought to be adopted may, in the opinion of the court, demand.

2. The written consent of the person to be adopted shall be required in all cases where the person sought to be adopted is fourteen years of age or older, except where the court finds that such child has not sufficient mental capacity to give the same. In a case involving a child under fourteen years of age, the guardian ad litem shall ascertain the child’s wishes and feelings about his or her adoption by conducting an interview or interviews with the child, if appropriate based on the child’s age and maturity level, which shall be considered by the court as a factor in determining if the adoption is in the child’s best interests.

3. With the exceptions specifically enumerated in section 453.040, when the person sought to be adopted is under the age of eighteen years, the written consent of the following persons shall be required and filed in and made a part of the files and record of the proceeding:

(1) The mother of the child;
(2) Any man who:

(a) Is presumed to be the father pursuant to subdivision (1), (2), or (3) of subsection 1 of section 210.822; or

(b) Has filed an action to establish his paternity in a court of competent jurisdiction no later than fifteen days after the birth of the child and has served a copy of the petition on the mother in accordance with section 506.100; or

(c) Filed with the putative father registry pursuant to section 192.016 a notice of intent to claim paternity or an acknowledgment of paternity either prior to or within fifteen days after the child’s birth, and has filed an action to establish his paternity in a court of competent jurisdiction no later than fifteen days after the birth of the child; and

(3) The child’s current adoptive parents or other legally recognized mother and father.

Upon request by the petitioner and within one business day of such request, the clerk of the local court shall verify whether such written consents have been filed with the court.

4. The written consent required in subdivisions (2) and (3) of subsection 3 of this section may be executed before or after the birth of the child or before or after the commencement of the adoption proceedings, and shall be executed in front of a judge or acknowledged before a notary public. If consent is executed in front of a judge, it shall be the duty of the judge to advise the consenting birth parent of the consequences of the consent. In lieu of such acknowledgment, the signature of the person giving such written consent shall be witnessed by the signatures of at least two adult persons whose signatures and addresses shall be plainly written thereon. The two adult witnesses shall not be the prospective adoptive parents or any attorney representing a party to the adoption proceeding other than the attorney representing the party signing the consent. The notary public or witnesses shall verify the identity of the party signing the consent. Notwithstanding any other provision of law to the contrary, a properly executed written consent under this subsection shall be considered irrevocable.

5. The written consent required in subdivision (1) of subsection 3 of this section by the birth mother shall not be executed anytime before the child is forty-eight hours old. Such written consent shall be executed in front of a judge or acknowledged before a notary public. If consent is executed in front of a judge, it shall be the duty of the judge to advise the consenting party of the consequences of the consent. In lieu of acknowledgment before a notary public, the signature of the person giving such written consent shall be witnessed by the signatures of at least two adult persons who are present at the execution whose signatures and addresses shall be plainly written thereon and who determine and certify that the consent is knowingly and freely given. The two adult witnesses shall not be the prospective adoptive parents or any attorney representing a party to the adoption proceeding other than the attorney representing the party signing the consent. The notary public or witnesses shall verify the identity of the party signing the consent.

6. A consent is final when executed, unless the consenting party, prior to a final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party. Consents in all cases shall have been executed not more than six months prior to the date the petition for adoption is filed.

7. A consent form shall be developed through rules and regulations promulgated by the children’s division of the department of social services. No rule or portion of a rule promulgated under the authority of this section shall become effective unless it has been promulgated pursuant to the provisions of chapter 536. If a written consent is obtained after August 28, 1997, but prior to the development of a consent form by the department and the written consent complies with the provisions of subsection 8 of this section, such written consent shall be deemed valid.

8. However, the consent form must specify that:

(1) The birth parent understands the importance of identifying all possible fathers of the child and may provide the names of all such persons; and

(2) The birth parent understands that if he denies paternity, but consents to the adoption, he waives any future interest in the child.

9. The written consent to adoption required by subsection 3 and executed through procedures set forth in subsection 5 of this section shall be valid and effective even though the parent consenting was under eighteen years of age, if such parent was represented by a guardian ad litem, at the time of the execution thereof.

10. Where the person sought to be adopted is eighteen years of age or older, his or her written consent alone to his or her adoption shall be sufficient.

11. A birth parent, including a birth parent less than eighteen years of age, shall have the right to legal representation. In addition, the court may appoint an attorney to represent a birth parent less than eighteen years of age if:

(1) A birth parent requests representation;
(2) The court finds that hiring an attorney to represent such birth parent would cause a financial hardship for the birth parent; and
(3) The birth parent is not already represented by counsel.

12. The court shall receive and acknowledge a written consent to adoption properly executed by a birth parent under this section when such consent is in the best interests of the child.

453.090. Consequences of adoption — child defined
1. When a child is adopted in accordance with the provisions of this chapter, all legal relationships and all rights and duties between such child and his natural parents (other than a natural parent who joins in the petition for adoption as provided in section 453.010) shall cease and determine. Such child shall thereafter be deemed and held to be for every purpose the child of his parent or parents by adoption, as fully as though born to him or them in lawful wedlock.

2. Such child shall be capable of inheriting from, and as the child of, his parent or parents by adoption as fully as though born to him or them in lawful wedlock and, if a minor, shall be entitled to proper support, nurture and care from his parent or parents by adoption.

3. The parent or parents by adoption shall be capable of inheriting from and as the parent or parents of their adopted child as fully as though such child had been born to him or them in lawful wedlock, and, if such child is a minor, shall be entitled to the services, wages, control and custody of such adopted child.

4. The adopted child shall be capable of inheriting from and taking through his parent or parents by adoption property limited expressly to heirs of the body of such parent or parents by adoption.

5. The word “child” as used in this section, shall, unless the context hereof otherwise requires, be construed to mean either a person under or over the age of eighteen years.

453.100.  Clerk to certify decree for vital statistics record — contents
After the entry of the decree of adoption, the clerk of the court shall immediately send to the department of health and senior services a certificate of the decree of adoption, which shall set forth the original name, the new name, sex, date and place of birth of the person adopted, the name of his natural parents, if known, the names of the adopting parents, and any other pertinent facts set forth in the decree of adoption on forms prescribed and furnished by the state registrar pursuant to section 193.125.

453.101.  Guardian appointed when adoption not granted — powers and duties to be specified
In the event that the juvenile court does not grant the adoption, the court may order that a guardian be appointed under the provisions of chapter 475 to provide long-term care for the child.  The order appointing the guardian shall specify the powers and duties of the guardian and the period of time the guardianship shall remain in effect with mandatory review by the court as provided in chapter 475.

453.140.  Validity of decree not subject to attack for irregularities after expiration of one year
After the expiration of one year from the date of entry of the decree of adoption, the validity thereof shall not be subject to attack in any proceedings, collateral or direct, by reason of any irregularity in proceedings had pursuant to this chapter.

453.160.  Validity of decree under any prior act not subject to attack for irregularities after expiration of one year — revocation of consent
1.  After the expiration of one year from the date this chapter shall become effective, the validity of any decree of adoption pursuant to any prior law shall not be subject to attack in any proceedings, collateral or direct, by reason of any irregularity in proceedings had pursuant to such prior law.

2.  Any consent required for an adoption may only be revoked within one year of the date of such consent for fraud or duress.

453.170.  Adoption under laws of other states or countries, requirements, effect
1.  When an adoption occurs pursuant to the laws of other states of the United States, Missouri shall, from the date of adoption hold the adopted person to be for every purpose the lawful child of its parent or parents by adoption as fully as though born to them in lawful wedlock, and such adoption shall have the same force and effect as adoption pursuant to the provisions of this chapter, including all inheritance rights.

2.  When an adoption occurs in a foreign country and the adopted child has migrated to the United States with the permission of the United States Department of Justice and the United States Department of Immigration and Naturalization Services, this state shall recognize the adoption.  The department of health and senior services, upon receipt of proof of adoption as required in subsection 7 of section 193.125, shall issue a birth certificate for the adopted child upon request on forms prescribed and furnished by the state registrar pursuant to section 193.125.

3.  The adoptive parent or parents may petition the court pursuant to this section to request a change of name.  The petition shall include a certified copy of the decree of adoption issued by the foreign country and documentation from the United States Department of Justice and the United States Department of Immigration and Naturalization Services which shows the child lawfully entered the United States.  The court shall recognize and give effect to the decree of the foreign country and grant a decree of recognition of the adoption and shall change the name of the adopted child to the name given by the adoptive parent, if such a request has been made.

Missouri Law: Adult Adoption

Note: There are no specific laws related to adult adoption other than provisions that apply to adoptions of people over 18 years of age. For instance, Missouri law defines a child for purposes of adoption to mean “either a person under or over the age of eighteen years.” Missouri law also provides that “where the person sought to be adopted is eighteen years of age or older, his or her written consent alone to his or her adoption shall be sufficient.”