HB 1258 Modifies provisions relating to the acknowledgment of paternity and consent to an adoption

Current Bill Summary

- Prepared by Senate Research -


HCS/HBs 1258, 1259 & 1260- This act modifies provisions relating to the acknowledgment of paternity and consent to an adoption.

ACKNOWLEDGMENT OF PATERNITY

Under this act, a mother can execute a voluntary acknowledgment of paternity if her parental rights have not been voluntarily or involuntarily terminated or the mother's consent to adoption or waiver of consent has not been accepted or approved by a court of competent jurisdiction. A court may order the Bureau of Vital Statistics within the Department of Health and Senior Services to rescind any amended birth certificate if it was issued based upon an acknowledgment of paternity made by a mother in violation of the provisions of this act. SECTION 193.215

CONSENT TO ADOPTION

Consent to the adoption of a child is not required of a man who has reason to believe he is the biological father of a newborn child but who has not provided consistent prenatal financial support to the mother and consistent payment for prenatal, natal, and postnatal medical care for the mother and baby unless actively thwarted from doing so by the mother and is not required of a man whose consent is not required under Section 453.030, RSMo, the current statute specifying when the consent of a man is required. Such consent under Section 453.030 is required of a man who is, under the law:

(1) Presumed to be the father;

(2) Has filed an action to establish paternity in court no later than 15 days after the birth of a child; or

(3) Has filed with the putative father registry a notice of intent to claim paternity or an acknowledgment of paternity and has filed an action to establish paternity in court no later than 15 days after the birth of a child. SECTION 453.040

A man whose consent to adoption is not required under Sections 453.030 and 453.040 waives his right to intervene in an action for termination of parental rights, for adoption or to file a paternity action for a child after a petition for adoption or termination of parental rights has been filed unless he can establish that he previously developed a consistent and substantial relationship with the child, including by providing:

(1) Consistent prenatal financial support;

(2) Consistent payment of prenatal and natal medical care for the mother and baby;

(3) Consistent child support payments commensurate with his ability to pay;

(4) Consistent contact and visitation with the child; and

(5) Assistance with educational and medical care of the child. SECTION 453.045

ADRIANE CROUSE


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