Summary
Missouri law does not give adult adoptees unrestricted access to their own original birth certificates. A new law, effective January 1, 2018, provides access to an original birth certificate subject to significant restrictions, including birthparent vetoes and redactions.
Under the new law, adoptees who are 18 years of age or older may request the original birth certificate. A birthparent, however, may prohibit access to an adoptee’s original birth certificate 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. It is unclear if this regulation will be challenged, as no provision in the current law allows for redaction in such circumstances.
Missouri law also creates zombie vetoes—that is, a birth parent’s disclosure veto extends beyond the parent’s death and will continue to prohibit the release of an original birth certificate to the adoptee.
Relevant Missouri Law: Original Birth Certificates
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.
Note: Text marked in red is new text of a bill that will be effective at the end of August 2018, provided the Missouri governor signs the bill into law, which is expected.
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.
Relevant Missouri Law: Registry and Disclosure of Information
453.121. Adoption records, disclosure procedure — registry of biological parents and adopted adults
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.
I would like to access my fathers adoption papers to further investigate my medical history. How do I go about doing that?
If your father is from Missouri there is a link in this article that will take you to the form to request the original birth certificate. Make sure you get it notarized.
Missouri’s new law does not currently allow descendants of adoptees to obtain the adoptee’s original birth certificate. There is a bill pending in the Missouri legislature that would allow this (and add some other rather strange provisions) but it is not yet enacted. There’s more info about that bill and one other here. The bill number for descendant access to the OBC is 1713 and the current text of the bill is here.
I would like to get my mother’s original birth certificate. Is this something I can do? All parties, including my mother, her birth parents and adoptive parents are all deceased.
Remi–
Sorry so slow to respond. I don’t practice in Missouri so cannot provide legal advice but it is my understanding that descendants are unable to obtain the original birth certificate of a parent who was an adoptee born in Missouri. You can, however, petition the court where the adoption occurred to get identifying information and, in that case, you would need death certificates showing the birth parents are deceased. I don’t know if that would do you any good, as it sounds as if you already have identifying information. You could try, I guess, to request the OBC through that same court petition, which is the only way I can think of to obtain an ancestor’s OBC in Missouri under current law.
I was adopted in Missouri and would like to get my original BC. But I’m wondering if your personal information is then “out there” in a database or made available to the birth parents. Not sure I want to be found.
This is a very interesting question. First, no, if you request your original birth certificate under current Missouri law your personal information is not shared with anyone other than with the vital records department that must process your request. A birth parent under current law cannot obtain your personal information.
That said, a pending bill in Missouri, if passed, would allow a birth parent also to obtain an adoptee’s original birth certificate. The OBC, however, typically will not have information on it disclosing an adoptee’s current identity. After all, the information on the OBC will typically be the information the birthparent reported for the birth registration when the adoptee was born (and a birthparent had a right to obtain the birth certificate up until the time the adoption was finalized and the OBC was sealed).
An adoptee under the current pending bill, however, will be given a choice to submit a “contact preference form,” which would presumably include identifying information about the adoptee if the adoptee chooses to prefer contact. It is unclear under the bill what happens if an adoptee indicates that he or she prefers no contact. If an adoptee under this new bill—again, only if it is enacted—does not want to be found or identified, it’s likely best not to file a contact preference form. Again, however, that bill is pending and it is not a well-drafted bill. It leaves a number of questions unanswered and will ultimately cause a great deal of confusion for adoptees and birthparents in Missouri. I analyze the bill here in more detail.
If the pending bill’s approach sounds a bit confusing, it is. I do not understand contact preference forms for adoptees and believe such forms are misguided and are intended to create a mutual consent “registry” system instead of simply providing the OBC upon an adoptee’s request. But, if you request your OBC today under current law your identity should be safe.
My son, 21, applied for his original birth certificate in January 2018. He still has not received anything, not even an answer by email in April. Do you think they are backlogged because they have to contact all the birthparents to get permission? I, also, know someone else who applied about the same time and has not heard anything either.
Yes. The Missouri Department of Health and Senior Services is woefully understaffed to handle the requests and they are taking at least six months if not more to process. The department apparently has 1-2 staff people working only one day each week on the requests. There was a recent news story about this here.
Yep. They shouldn’t of waited till 2018 to let us have our information. 🤦🏾♂️