FIRST REGULAR SESSION

HOUSE BILL NO. 865

94TH GENERAL ASSEMBLY


 

 

INTRODUCED BY REPRESENTATIVE DAVIS.

                  Read 1st time February 14, 2007 and copies ordered printed.

D. ADAM CRUMBLISS, Chief Clerk

2236L.01I


 

AN ACT

To repeal section 453.170, RSMo, and to enact in lieu thereof one new section relating to foreign adoptions.




Be it enacted by the General Assembly of the state of Missouri, as follows:


            Section A. Section 453.170, RSMo, is repealed and one new section enacted in lieu thereof, to be known as section 453.170, to read as follows:

            453.170. 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] Homeland Security and the United States Department of Citizenship and 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, RSMo, 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, RSMo.

            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] Homeland Security and the United States Department of Citizenship and 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.