Missouri Adoptees Can Obtain Information About Their Birth Parents

For many years, people adopted in Missouri could have difficulty obtaining information about their biological origins. Changes to Missouri law have made it possible for many adult adoptees to request a copy of their original birth certificate. However, the right to receive that record remains subject to certain requirements and birth-parent contact preferences.

People seek information about their birth families for many different reasons. Some want to understand their personal history or learn more about their ancestry. Others hope to establish a relationship with a birth parent or other biological relatives. Medical history can also be important when assessing inherited health risks, discussing preventive care, or helping medical providers evaluate symptoms and treatment options.

Should Birth Parents Be Permitted to Remain Anonymous?

Access to adoption records involves important and sometimes competing interests. Adult adoptees may believe they should be able to learn about their origins and obtain information that could affect their health and that of their children.

Birth parents may have different concerns. A person who placed a child for adoption may have understood that the adoption would remain confidential. Some birth parents welcome future contact, while others prefer communication through an intermediary or do not want to be contacted.

Missouri law attempts to address both interests by allowing qualifying adoptees to request their original birth certificates while also providing a process through which birth parents can state their contact preferences.

The Missouri Adoptee Rights Act

In 2016, Governor Jay Nixon signed legislation commonly known as the Missouri Adoptee Rights Act. The law is now contained primarily in Sections 193.125 and 193.128 of the Missouri Revised Statutes.

Under the Act, an adopted person generally may request an uncertified copy of an original birth certificate when the person:

• Is at least 18 years old;
• Was born in Missouri;
• Submits a written application to the state registrar; and
• Provides appropriate proof of identification.

The copy is issued for genealogical purposes and cannot be used to establish the adoptee’s legal identity. This distinction is important because an original birth certificate obtained under the Act is not necessarily a replacement for the amended birth certificate ordinarily used for identification and other official purposes.

The law began providing access to adoptees born before 1941 on August 28, 2016. Beginning January 1, 2018, the process became available more broadly to qualifying adult adoptees born in Missouri.

Birth Parents Can State Their Contact Preferences

The Missouri Adoptee Rights Act does not treat access to an original birth certificate as an unrestricted right in every case. A birth parent may submit a contact preference indicating:

• The birth parent would like to be contacted;
• The birth parent prefers contact through an intermediary; or
• The birth parent prefers not to be contacted.

If one birth parent indicates a preference not to be contacted, that parent’s identifying information is generally redacted before the original birth certificate is released. If both birth parents state that they do not want contact, Missouri law provides that the original birth certificate will not be released.

Contact preferences may be updated. Therefore, the information available to an adoptee could depend on whether either birth parent submitted a preference form and what selection was made.

Medical History May Be Available Separately

Missouri law also permits birth parents to provide a medical history form. A birth parent may indicate that no significant medical history is known, decline to provide medical information, or provide relevant health information.

When a birth parent does not wish to be contacted, the adoptee may still be able to receive the medical history form with the birth parent’s identifying information removed. This provision can provide valuable health information while respecting the birth parent’s stated preference concerning contact.

A medical history form may also be updated if new health information becomes available. Because genetic and hereditary conditions may not become apparent until later in life, updated information can be particularly useful to an adoptee and the adoptee’s descendants.

Lineal Descendants May Have Certain Rights

The Act also addresses situations in which an adopted person has died. Upon providing proof of the adoptee’s death, qualifying lineal descendants may request the adoptee’s original birth certificate and accompanying contact-preference and medical-history forms.

The same restrictions concerning birth-parent preferences and identifying information continue to apply. A descendant’s ability to obtain information will therefore depend on the circumstances and the forms previously submitted by the birth parents.

Obtaining a Birth Certificate Does Not Guarantee Contact

Receiving an original birth certificate and contacting a birth parent are separate matters. A birth certificate may provide identifying information, but it does not guarantee that the person can be located or will welcome communication.

An adoptee considering contact may want to proceed carefully, particularly when a substantial amount of time has passed. A respectful letter, professional intermediary, adoption counselor, or attorney may help manage expectations and protect the privacy of everyone involved.

The distinction between open and closed adoptions can also affect the information and communication available to the parties. Stange Law Firm, PC provides additional information in its article discussing how open and closed adoptions differ.

Speak With a Missouri Adoption Attorney

Missouri’s adoption statutes contain detailed requirements concerning consent, notice, parental rights, court approval, and adoption records. Additional information about these legal requirements is available in the firm’s Missouri legal summary on adoptions.

If you have questions about an adoption or another adoption-related matter, the adoption attorneys at Stange Law Firm, PC can discuss your circumstances and help you understand your options.

To schedule a confidential consultation, call 855-805-0595 or contact us online.