Offered April 22, 1997.

Senate Substitute adopted, April 22, 1997.

Taken up for Perfection April 22, 1997. Bill declared Perfected and Ordered Printed, as amended.

TERRY L. SPIELER, Secretary.

S0278.07P

To repeal sections 192.016, 193.125, 210.491, 211.444, 211.447, 453.005, 453.010, 453.014, 453.015, 453.025, 453.030, 453.040, 453.065, 453.070, 453.073, 453.075, 453.080, 453.110, 453.170, and 568.175, RSMo 1994, and sections 210.109 and 453.060, RSMo Supp. 1996, relating to adoption, and to enact in lieu thereof twenty-five new sections relating to the same subject, with penalty provisions.

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

     Section A. Sections 192.016, 193.125, 210.491, 211.444, 211.447, 453.005, 453.010, 453.014, 453.015, 453.025, 453.030, 453.040, 453.065, 453.070, 453.073, 453.075, 453.080, 453.110, 453.170, and 568.175, RSMo 1994, and sections 210.109 and 453.060, RSMo Supp. 1996, are repealed and twenty-five new sections enacted in lieu thereof, to be known as sections 192.016, 193.125, 210.109, 210.491, 211.444, 211.447, 453.005, 453.010, 453.014, 453.015, 453.025, 453.026, 453.030, 453.040, 453.060, 453.065, 453.070, 453.073, 453.075, 453.077, 453.080, 453.110, 453.112, 453.170 and 568.175, to read as follows:

     192.016. 1. The department of health shall establish a putative father registry which shall record the names and addresses of:

     (1) Any person adjudicated by a court of this state to be the father of a child born out of wedlock;

     (2) Any person who has filed with the registry before or after the birth of a child out of wedlock, a notice of intent to claim paternity of the child;

     (3) Any person adjudicated by a court of another state or territory of the United States to be the father of an out-of-wedlock child, where a certified copy of the court order has been filed with the registry by such person or any other person.

     2. A person filing a notice of intent to claim paternity of a child or an acknowledgement of paternity shall [include therein his current address and shall notify the registry of any change of address pursuant to procedures prescribed by regulations of the department.] file the acknowledgment affidavit form developed by the state registrar which shall include the minimum requirements prescribed by the secretary of the United States Department of Health and Human Services pursuant to 42 U.S.C. section 652(2)(7).

     3. A person filing a notice of intent to claim paternity of a child shall notify the registry of any change of address.

     [3.] 4. A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity previously filed therewith and, upon receipt of such notification by the registry, the revoked notice of intent to claim paternity shall be deemed a nullity nunc pro tunc.

     [4.] 5. An unrevoked notice of intent to claim paternity of a child may be introduced in evidence by any party, other than the person who filed such notice, in any proceeding in which such fact may be relevant.

     [5.] 6. The department shall, upon request, provide the names and addresses of persons listed with the registry to any court or authorized agency, or entity or person named in section 453.014, RSMo, and such information shall not be divulged to any other person, except upon order of a court for good cause shown.

     7. The department of health shall:

     (1) Prepare forms for registration of paternity and an application for search of the putative father registry;

     (2) Produce and distribute a pamphlet or publication informing the public about the putative father registry, including the procedures for voluntary acknowledgment of paternity, the consequences of acknowledgment and failure to acknowledge paternity pursuant to section 453.010, RSMo, and the address of the putative father registry. Such pamphlet or publication shall be made available for distribution at all offices of the department of health. The department shall also provide such pamphlets or publications to the department of social services, hospitals, libraries, medical clinics, schools, universities, and other providers of child related services upon request;

     (3) Provide information to the public at large by way of general public service announcements, or other ways to deliver information to the public about the putative father registry and its services.

     193.125. 1. 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 and furnished 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.

     2. Information necessary to prepare the report of adoption shall be furnished by each petitioner for adoption or [his] 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.

     3. 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.

     4. 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.

     5. 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.

     6. 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.

     7. [Any person] The department, upon receipt of proof that a person has been adopted by a Missouri resident [or residents] pursuant to laws of countries other than the United States [and where no reciprocal agreement exists between that country and the Missouri department of health and providing the adopted person has immigrated to the United States with the approval of the United States government and provided any such adoption in a foreign country does not contravene the public policies of the state of Missouri as determined by the appropriate Missouri court, the department, upon receipt of proof of such adoption and additional information as required by the department], 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 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 [under] 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.

     8. 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 standard certificate of live birth form.

     9. 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.

     210.109. 1. [By January 1, 1995,] The division of family services shall establish a child protection system in [five] eight areas of the state selected by the division.

     2. The child protection system shall seek to promote the safety of children and the integrity and preservation of their families by conducting investigations or family assessments in response to reports of child abuse or neglect. The system shall endeavor to coordinate community resources and provide assistance or services to children and families identified to be at risk, and to prevent and remedy child abuse and neglect.

     3. In implementing the child protection system, the division shall:

     (1) Receive and maintain reports pursuant to the provisions of subsections 1 and 2 of section 210.145;

     (2) Forward the report to the appropriate division staff who shall determine, through the use of protocols developed by the division, whether an investigation or the family assessment and services approach should be used to respond to the allegation. The protocols developed by the division shall give priority to ensuring the well-being and safety of the child. The division may investigate any report, but shall conduct an investigation involving reports, which if true, would constitute a violation of section 565.050, RSMo, if the victim is a child less than eighteen years of age, a violation of section 566.030 or 566.060, RSMo, if the victim is a child less than eighteen years of age, or any other violation of chapter 566, RSMo, if the victim is a child less than eighteen years of age and the perpetrator is twenty-one years of age or older, a violation of section 567.050, RSMo, if the victim is a child less than eighteen years of age, a violation of section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, RSMo, a violation of section 573.025 or 573.035, RSMo, or an attempt to commit any such crimes;

     (3) Communicate reports of child abuse or neglect to the appropriate local office, pursuant to the provisions of subsection 4 of section 210.145;

     (4) Contact the appropriate law enforcement agency upon receipt of a report of a violation of section 565.020, 565.021, 565.023, 565.024 or 565.050, RSMo, if the victim is a child less than eighteen years of age, a violation of section 566.030 or 566.060, RSMo, if the victim is a child less than eighteen years of age, or any other violation of chapter 566, RSMo, if the victim is a child less than eighteen years of age and the perpetrator is twenty-one years of age or older, a violation of section 567.050, RSMo, if the victim is a child less than eighteen years of age, a violation of section 568.020, 568.030, 568.045, 568.050, 568.060, 568.080, or 568.090, RSMo, a violation of section 573.025 or 573.035, RSMo, or an attempt to commit any such crimes, and shall provide such agency with a detailed description of the report received. The appropriate law enforcement agency shall assist the division in the investigation or provide the division, within a reasonable time, an explanation in writing detailing the reasons why it is unable to assist;

     (5) Cause a thorough investigation or family assessment and services approach to be initiated within twenty-four hours of receipt of the report from the division, except in cases where the sole basis for the report is educational neglect. If the report indicates that educational neglect is the only complaint and there is no suspicion of other neglect or abuse, the investigation or family assessment and services approach shall be initiated within seventy-two hours of receipt of the report. If the report indicates the child is in danger of serious physical harm or threat to life, an investigation or family assessment and services approach shall include direct observation of the subject child within twenty-four hours of the receipt of the report;

     (6) Investigate, if it is determined that an investigation is necessary, in compliance with the provisions of section 210.145;

     (7) Assess, in cases where the family assessment and services approach is used, any service needs of the family. The assessment of risk and service needs shall be based on information gathered from the family and other sources;

     (8) Provide services, in cases in which the family assessment and services approach is used, which are voluntary and time-limited unless it is determined by the division based on the assessment of risk that there will be a high risk of abuse or neglect if the family refuses to accept the services. The division shall identify services for families where it is determined that the child is at high risk of future abuse or neglect. The division shall thoroughly document in the record its attempt to provide voluntary services and the reasons these services are important to reduce the risk of future abuse or neglect to the child. If the family continues to refuse voluntary services or the child needs to be protected, the division may commence an investigation;

     (9) Commence an immediate investigation if at any time during the family assessment and services approach the division determines that an investigation, as delineated in sections 210.109 to 210.183, is required. The division staff who have conducted the assessment may remain involved in the provision of services to the child and family;

     (10) Document at the time the case is closed, the outcome of the family assessment and services approach, any service provided and the removal of risk to the child, if it existed;

     (11) Conduct a family assessment and services approach on reports initially referred for an investigation, if it is determined that a complete investigation is not required. If law enforcement officers are involved in the investigation, they shall provide written agreement with this decision. The reason for the termination of the investigative process shall be documented in the record;

     (12) Assist the child and family in obtaining services, if at any time during the investigation it is determined that the child or any member of the family needs services;

     (13) Collaborate with the community to identify comprehensive local services and assure access to those services for children and families where there is risk of abuse or neglect;

     (14) Contact the person who made the report under section 210.115, pursuant to the provisions of section 210.145;

     (15) Forward any evidence of malice or harassment to the local prosecuting or circuit attorney as required by the provisions of section 210.145;

     (16) Provide services as required by section 210.145;

     (17) Use multidisciplinary services as required by section 210.145;

     (18) Update the information in the information system within thirty days of an oral report of abuse or neglect. The information system shall contain, at a minimum, the determination made by the division as a result of the investigation or family assessment and services approach, identifying information on the subjects of the report, those responsible for the care of the subject child and other relevant dispositional information. The division shall complete all investigations or family assessments within thirty days, unless good cause for the failure to complete the investigation or assessment is documented in the information system. If the investigation or family assessment is not completed within thirty days the information system shall be updated at regular intervals and upon the completion of the investigation. The information in the information system shall be updated to reflect any subsequent findings, including any changes to the findings based on an administrative or judicial hearing on the matter;

     (19) Maintain a record which contains the facts ascertained which support the determination as well as the facts that do not support the determination.

     4. By January 1, 1998, the division of family services shall submit documentation to the speaker of the house of representatives and the president pro tem of the senate on the success or failure of the child protection system established in this section. The general assembly may recommend statewide implementation or cancellation of the child protection system based on the success or failure of the system established in this section.

     5. The documentation required by subsection 4 of this section shall include an independent evaluation of the child protection system completed according to accepted, objective research principles.

     210.491. 1. The director of the division, or [his] the director's au- thorized representative, shall have the right to enter the premises of an applicant for or holder of a license at reasonable hours to determine compliance with the applicable provisions of sections 210.481 to 210.536 and rules promulgated pursuant thereto, and for investigative purposes involving complaints regarding the operation of a foster home, residential care facility, or child placing agency.

     2. [Whenever the division is advised or has reason to believe that any person is operating a foster home, residential care facility, or child placing agency subject to licensure under sections 210.481 to 210.536 without a license or provisional license, the division shall make an investigation to ascertain the facts. If the division finds that the foster home, residential care facility, or child placing agency is being operated without a license or provisional license, it may seek injunctive relief against the foster home, residential care facility, or child placing agency.] If a foster home, residential care facility or child placing agency violates the provisions of sections 210.481 to 210.536, the prosecuting attorney of the county where the foster home, residential care facility or child placing agency is located, or the division, may seek injunctive relief. Such injunctive relief may include:

     (1) Removing the children from the foster home, residential care facility, or child placing agency;

     (2) Overseeing the operation of the foster home, residential care facility, or child placing agency; or

     (3) Closing the foster home, residential care facility, or child placing agency.

     3. The order provided for in subsection 2 of this section shall remain in force until such a time as the court determines that the foster home, residential care facility, or child placing agency is in substantial compliance.

     211.444. 1. The juvenile court may, upon petition of the juvenile officer, or the court before which a petition for adoption has been filed under the provisions of chapter 453, RSMo, [may] terminate the rights of a parent to a child if [it] the court finds that such termination is in the best interests of the child and the parent has consented in writing to the termination of his parental rights.

     2. The written consent required by subsection 1 of this section may be executed before or after the institution of the proceedings and shall be acknowledged before a notary public [or,]. In lieu of such acknowledgement, the signature of the person giving the written consent shall be witnessed by 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 parents. The notary public or witnesses shall verify the identity of the party signing the consent.

     3. The written consent required by subsection 1 of this section shall be valid and effective only after the child is at least [two days old] forty-eight hours old and if it complies with the other requirements of section 453.030, RSMo.

     211.447. 1. Any information that could justify the filing of a petition to terminate parental rights may be referred to the juvenile officer by any person. The juvenile officer shall make a preliminary inquiry and may file a petition to terminate parental rights. If it does not appear to the juvenile officer that a petition should be filed, [he] such officer shall so notify the informant in writing within thirty days of the referral. Such notification shall include the reasons that the petition will not be filed. Thereupon, the informant may bring the matter directly to the attention of the judge of the juvenile court by presenting [to him] the information in writing, and if it appears to the judge that the information could justify the filing of a petition, the judge may order the juvenile officer to take further action, including making a further preliminary inquiry or filing a petition.

     2. The juvenile court may terminate the rights of a parent to a child upon a petition filed by the juvenile officer, or in adoption cases, by a prospective parent, if [it] the court finds that the termination is in the best interests of the child and when it appears by clear, cogent and convincing evidence that one or more of the following grounds for termination exist:

     (1) The child has been abandoned. The court shall find that the child has been abandoned if, for a period of six months or longer for a child over one year of age or a period of sixty days or longer for a child under one year of age at the time of the filing of the petition:

     (a) The parent has left the child under such circumstances that the identity of the child was unknown and could not be ascertained, despite diligent searching, and the parent has not come forward to claim the child; or

     (b) The parent has, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so;

     (2) The child has been [adjudicated to have been] abused or neglected. In determining whether to terminate parental rights under this subdivision, the court shall consider and make findings on the following conditions or acts of the parent:

     (a) A mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;

     (b) Chemical dependency which prevents the parent from consistently providing the necessary care, custody and control of the child and which cannot be treated so as to enable the parent to consistently provide such care, custody and control;

     (c) A severe act or recurrent acts of physical, emotional or sexual abuse toward the child or any child in the family by the parent, including an act of incest, or by another under circumstances that indicate that the parent knew or should have known that such acts were being committed toward the child or any child in the family; or

     (d) Repeated or continuous failure by the parent, although physically or financially able, to provide the child with adequate food, clothing, shelter, or education as defined by law, or other care and control necessary for [his] the child's physical, mental, or emotional health and development;

     (3) The child has been under the jurisdiction of the juvenile court for a period of one year, and the court finds that the conditions which led to the assumption of jurisdiction still persist, or conditions of a potentially harmful nature continue to exist, that there is little likelihood that those conditions will be remedied at an early date so that the child can be returned to the parent in the near future, or the continuation of the parent-child relationship greatly diminishes the child's prospects for early integration into a stable and permanent home. In determining whether to terminate parental rights under this subdivision, the court shall consider and make findings on the following:

     (a) The terms of a social service plan entered into by the parent and the division and the extent to which the parties have made progress in complying with those terms;

     (b) The success or failure of the efforts of the juvenile officer, the division or other agency to aid the parent on a continuing basis in adjusting his circumstances or conduct to provide a proper home for the child;

     (c) A mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;

     (d) Chemical dependency which prevents the parent from consistently providing the necessary care, custody and control over the child and which cannot be treated so as to enable the parent to consistently provide such care, custody and control[.]; or

     (4) The parent has been found guilty or pled guilty to a felony violation of chapter 566, RSMo, when the child or any child in the family was a victim, or a violation of section 568.020, RSMo, when the child or any child in the family was a victim. As used in this subdivision, a child means any person who was under eighteen years of age at the time of the crime and who resided with such parent or was related within the third degree of consanguinity or affinity to such parent; or

     (5) The child was conceived and born as a result of an act of forcible rape. When the biological father has pled guilty to, or is convicted of, the forcible rape of the birth mother, such a plea or conviction shall be conclusive evidence supporting the termination of the biological father's parental rights; or

     (6) The parent is unfit to be a party to the parent and child relationship because of a consistent pattern of committing a specific abuse, including but not limited to, abuses as defined in section 455.010, RSMo, child abuse or drug abuse before the child or of specific conditions directly relating to the parent and child relationship either of which are determined by the court to be of a duration or nature that renders the parent unable, for the reasonably foreseeable future, to care appropriately for the ongoing physical, mental or emotional needs of the child. It is presumed that a parent is unfit to be a party to the parent child relationship upon a showing that within a three year period immediately prior to the termination adjudication, the parent's parental rights to one or more other children were involuntarily terminated under subdivisions (1), (2), (3) or (4) of this section or similar laws of other states.

     3. When considering whether to terminate the parent-child relationship pursuant to subdivision (1), (2) [or], (3), (4) or (5) of subsection 2 of this section, the court shall evaluate and make findings on the following factors, when appropriate and applicable to the case:

     (1) The emotional ties to the birth parent;

     (2) The extent to which the parent has maintained regular visitation or other contact with the child;

     (3) The extent of payment by the parent for the cost of care and maintenance of the child when financially able to do so including the time that the child is in the custody of the division or other child-placing agency;

     (4) Whether additional services would be likely to bring about lasting parental adjustment enabling a return of the child to the parent within an ascertainable period of time;

     (5) The parent's disinterest in or lack of commitment to the child;

     (6) The conviction of the parent of a felony offense that the court finds is of such a nature that the child will be deprived of a stable home for a period of years; provided, however, that incarceration in and of itself shall not be grounds for termination of parental rights;

     (7) Deliberate acts of the parent or acts of another of which the parent knew or should have known that subjects the child to a substantial risk of physical or mental harm.

     4. The court may attach little or no weight to infrequent visitations, communications, or contributions. It is irrelevant in a termination proceeding that the maintenance of the par- ent-child relationship may serve as an inducement for the parent's rehabilitation.

     5. In actions for adoption under chapter 453, RSMo, the court may hear and determine the issues raised in a petition for adoption containing a prayer for termination of parental rights filed with the same effect as a petition permitted under subsection 2 of this section.

     453.005. 1. The provisions of sections [453.010] 453.005 to 453.400 shall be construed so as to promote the best interests and welfare of the child in recognition of the entitlement of the child to a permanent and stable home.

     2. The division of family services and all persons involved in the adoptive placement of children as provided in subdivisions (1), (2) and (4) of section 453.014, shall provide for the diligent recruitment of potential adoptive homes that reflect the ethnic and racial diversity of children in the state for whom adoptive homes are needed.

     3. In the selection of an adoptive home, consideration shall be given to both a child's cultural, racial and ethnic background and the capacity of the adoptive parents to meet the needs of a child of a specific background, as one of a number of factors used in determining whether a placement is in the child's best interests. This factor must, however, be applied on an individualized basis, not by general rules.

     4. Placement of a child in an adoptive home may not be delayed or denied solely on the basis of race, color or national origin.

     453.010. 1. Unless the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to the provisions of chapter 211, RSMo, any person desiring to adopt another person as his child [may] shall petition the juvenile division of the circuit court of the county in which: [the person seeking to adopt resides, or in which the person sought to be adopted may be, for permission to adopt such person as his child.]

     (1) The person seeking to adopt resides;

     (2) The child sought to be adopted was born;

     (3) The child is located at the time of the filing of the petition; or

     (4) Either birth person resides.

     2. If the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to the provision of chapter 211, RSMo, any person desiring to adopt such person as his child shall petition the juvenile division of the circuit court which has jurisdiction over the child for permission to adopt such person as his child. Upon receipt of a motion from the petitioner and consent of the receiving court, the juvenile division of the circuit court which has jurisdiction over the child may transfer jurisdiction to the juvenile division of a circuit court within any of the alternative venues set forth in subsection 1 of this section.

     3. If the petitioner has a spouse living and competent to join in the petition, such spouse may join therein, and in such case the adoption shall be by them jointly.[; provided, however, that] If such a spouse does not join the petition the court in its discretion may, after a hearing, order such joinder, and if such order is not complied with may dismiss the petition.

     4. Upon receipt of a properly filed petition, a court, as defined in section 453.010, shall hear said petition in a timely fashion.

     453.014. 1. The following persons may place a minor for adoption:

     (1) The division of family services of the department of social services;

     (2) A child placing agency licensed pursuant to sections 210.481 to 210.536, RSMo;

     (3) The child's parents, without the direct or indirect assistance of an intermediary, in the home of a relative of the child within the third degree;

     (4) An intermediary, which shall include an attorney licensed pursuant to chapter 484, RSMo; a physician licensed pursuant to chapter 334, RSMo; or a clergyman of the parents.

     2. All persons granted the authority to place a minor child for adoption as designated in subdivision (1), (2) or (4) of section 1 of this section shall comply with the rules and regulation promulgated by the department of social services and the department of health for such placement.

     3. The department of social services, division of family services and the department of health shall promulgate rules and regulations regarding the placement of a minor for adoption.

     4. 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 section 536.024, RSMo.

     453.015. As used in sections 453.010 to 453.335, [unless the context clearly requires otherwise,] the following terms mean:

     (1) "Minor" or "child", any person who has not attained the age of eighteen years or any person in the custody of the division of family services [between eighteen and twenty years of age] who has not attained the age of twenty-one;

     (2) "Parent", a [biological] birth parent or parents of a child, including the putative father of the child, as well as the husband of a [natural] birth mother at the time the child was conceived, or a parent or parents of a child by adoption[, including both the mother and the putative father of a child]. The putative father shall have no legal relationship unless he has acknowledged the child as his own by affirmatively asserting his paternity;

     (3) "Putative father", the alleged or presumed father of a child including a person who has filed a notice of intent to claim paternity with the putative father registry established in section 192.016, RSMo, and a person who has filed a voluntary acknowledgment of paternity pursuant to section 193.087, RSMo.

     453.025. 1. The court shall, in all cases where the person sought to be adopted is under eighteen years of age, appoint a guardian ad litem, if not previously appointed pursuant to section 210.160, RSMo, to represent the person sought to be adopted.

     2. When the parent is a minor or incompetent, the court shall appoint a guardian ad litem to represent such parent.

     3. The guardian ad litem shall:

     (1) Be the legal [representative] advocate for the best interest of the party he is appointed to represent with the power and authority to cross-examine, subpoena witnesses, and offer testimony;

     (2) Initiate an appeal of any disposition that he determines to be adverse to the interests of the party he represents; and

     (3) Ascertain the child's wishes, feelings and attitudes regarding the adoption by interviewing persons with knowledge of the child, and if appropriate, to meet with the child.

     4. Where an adoption petition is filed by an adoptive parent which alleges grounds as provided in section 211.447, RSMo, as permitted under section 453.040, any birth parent who cannot afford an attorney may provide the court with proof of income and request an attorney be appointed by the court. The court may order the costs of the attorney fees incurred pursuant to this subsection to be paid by the prospective adoptive parent.

     453.026. 1. As early as is practical before a prospective adoptive parent accepts physical custody of a child, the person placing the child for adoption, as authorized by section 453.014, shall furnish to the court, the guardian ad litem and the prospective adoptive parent a written report regarding the child.

     2. The person placing the child shall not be held liable for incorrect information as provided by others or unintentional errors when making the written report.

     3. The department of social services, division of family services shall promulgate rules and regulations regarding all written information that shall be furnished to the court, the guardian ad litem and the prospective adoptive parent.

     4. 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 section 536.024, RSMo.

     453.030. 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. [In all cases where the person sought to be adopted is fourteen years of age or older, his written consent to the adoption shall be required] 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.

     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 [parents, or surviving parent, of such person to the adoption] 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) A man who:

     (a) Is presumed to be the father pursuant to the subdivisions (1), (2), (3) or (5) of subsection 1 of section 210.822, RSMo;

     (b) Filed with the putative father registry pursuant to section 192.016, RSMo, a notice of intent to claim paternity or an acknowledgment of paternity either prior to or within fifteen days after the child's birth;

     (c) 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; or

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

     4. [Such] The written consent required in subdivisions (2) and (3) of subsection 3 of this section may be executed [prior to or subsequent to] before or after the [institution] commencement of the adoption proceedings, and shall be acknowledged before a notary public[, or]. 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. The notary public or witnesses shall verify the identity of the party signing the consent.

     5. The written consent required in subdivision (1) of subsection 3 of this section by the birth parent 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 a notary public. 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 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. The notary public or witnesses shall verify the identity of the party signing the consent.

     6. The written consent shall be presented to the court for review and approval as soon as practicable.

     7. The written consent required in subsection 3 of this section may be withdrawn anytime until it has been reviewed and accepted by a judge.

     8. The consent form shall be developed through rules and regulations promulgated by 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 section 536.024, RSMo.

     9. However, the consent form must specify that:

     (1) The birth parent understands the importance of identifying all possible fathers of the child and shall provide the names of all such persons unless the mother has good cause as to why she should not name such persons. The court shall determine if good cause is justifiable. By signing the consent, the birth parent acknowledges that those having an interest in the child have been supplied with all available information to assist in locating all possible fathers; and

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

     [4.] 10. 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.

     [5.] 11. Where the person sought to be adopted is eighteen years of age or older, his written consent alone to his adoption shall be sufficient.

     [6. Although the consent may be executed any time subsequent to the birth of a child, the court may only permit an adoption or transfer of custody for adoption when the child is at least two days old.]

     12. The court may appoint an attorney to represent a birth parent if:

     (1) The birth parent requests representation; and

     (2) The court finds that hiring an attorney to represent such birth parent would cause an undue financial hardship for the birth parent.

     13. The court may order the costs of the attorney fees incurred pursuant to the provisions of subsection 12 of this section to be paid by the prospective adoptive parents.

     453.040. The consent [of] to the adoption of a child is not required of:

     (1) A parent whose rights with reference to the child have been terminated pursuant to law;

     (2) A parent of a child who has waived the necessity of his or her consent to a future adoption of the child;

     (3) A parent whose identity is unknown and cannot be ascertained at the time of the filing of the petition;

     (4) A man who has not been established to be the father and who is not presumed by law to be the father, and who, after the conception of the child, executes a verified statement denying paternity and disclaiming any interest in the child and acknowledging that this statement is irrevocable when executed and follows the consent as set forth in section 453.030;

     (5) A parent or other person who has not executed a consent and who, after proper service of process, fails to file an answer or make an appearance in a proceeding for adoption or for termination of parental rights at the time such cause is heard;

     [(4)] (6) A parent who has a mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;

     [(5)] (7) A parent who has for a period of at least six months, for a child one year of age or older, or at least sixty days, for a child under one year of age, immediately prior to the filing of the petition for adoption, willfully abandoned the child or, for a period of at least six months immediately prior to the filing of the petition for adoption, willfully, substantially and continuously neglected to provide him with necessary care and protection.

     453.060. 1. A writ of summons and a copy of the petition shall be served on:

     (1) Any person, agency, organization or institution whose consent to the adoption is required by law unless such consent is filed in court;

     (2) Any person whose consent to the adoption, according to the allegation of the petition for adoption, is not required for [one of] the reasons set forth in subdivision [(4) or] (5), (6) or (7) of section 453.040;

     (3) Any person, agency, organization or institution, within or without the state, having custody of the child sought to be adopted under a decree of a court of competent jurisdiction even though its consent to the adoption is not required by law;

     (4) The legally appointed guardian of the child;

     (5) Any person adjudicated by a court of this state or another state, a territory of the United States or another country to be the father of the child;

     (6) Any person who has timely filed a notice of intent to claim paternity of the child pursuant to section 192.016, RSMo, or an acknowledgment of paternity pursuant to section 193.087, RSMo.

     2. Except as provided in this section and section [453.015] 453.014, it is not necessary to serve any person, agency, organization or institution whose consent is not required under the provisions of sections 453.030 to 453.050.

     3. If service of summons cannot be made in the manner prescribed in section 506.150, RSMo, then the service shall be made by mail or publication as provided in section 506.160, RSMo.

     4. Upon service, whether personal or constructive, the court may act upon the petition without the consent of any party, except that of a parent whose consent is required by sections 453.030 to 453.050, and the judgment is binding on all parties so served. Any such party has the right to appeal from the judgment in the manner and form provided by the civil code of Missouri.

     5. In all cases where the putative father is unknown, service shall be made by publication on "John Doe" as provided in section 506.160, RSMo.

     6. Upon request, the court may order that the writ of summons and copy of the petition required by this section may be served without the names and addresses of the petitioners when the court deems it to be in the best interests of the child.

     453.065. As used in sections 453.065 to [453.073] 453.074, the following words and terms shall have the meanings indicated:

     (1) "Child", a person within the state who is under the age of eighteen or in the custody of the division of family services who is in need of medical, dental, educational, mental or other related health services and treatment, as defined in this section, or who belongs to a racial or ethnic minority, who is five years of age or older, or who is a member of a sibling group, and for whom an adoptive home is not readily available. If the physical, dental or mental condition of the child requires care after the age of eighteen, payment can be continued with the approval of the division of family services of the department of social services and subject to annual review;

     (2) "Diminishing allotment", a monthly payment which periodically diminishes over a period of not longer than four years at which time it ceases;

     (3) "Long term subsidy", a continuous monthly payment toward the child's care for a period of more than four years;

     (4) "Special services", an allotment to a child who is in need of medical, dental, educational, mental health or other related health services and treatment, including treatment for physical handicap, intellectual impairment, developmental disability, mental or emotional disturbance, social maladjustment[. At the time of placement of the child, the family and the division of family services shall determine the extent of the allotment participation];

     (5) "Time limited subsidy", a monthly allotment which is continued for a limited time after legal adoption, not exceeding four years. This compensation is to aid the family in integrating the care of the new child in their home.

     453.070. 1. Except as provided in subsection [3] 6 of this section, no decree for the adoption of a [minor] child under eighteen years of age shall be entered [nor shall transfer of custody of such a child to] for the petitioner or petitioners in such adoption [petition be] as ordered by the juvenile court having jurisdiction, until a full investigation,[has] which includes an assessment of the adoptive parents, an appropriate post-placement assessment and a summary of written reports as provided for in section 453.026, RSMo, and any other pertinent information relevant to whether the child is suitable for adoption by the petitioner and whether the petitioner is suitable as a parent for the child, has been made. [A report of the findings of the investigation shall include the physical, mental, racial, and ethnic conditions and antecedents of the child and any other pertinent information relevant to whether the child is suitable for adoption by the petitioner and whether the petitioner is suitable as a parent for the child.] The report shall also include a statement to the effect that[, as a result of one or more conditions or antecedents,] the child has been [should be] considered as a potential subsidy recipient.

     2. Such investigation shall be made, as directed by the court having jurisdiction, either by the division of family services of the state department of social services, [or any agency, organization or institution, one of the purposes of which is the care and placement of children in family homes, or] a juvenile court officer, a licensed child placement agency, a social worker licensed pursuant to chapter 337, RSMo, or other suitable person appointed by the court. The results of such investigation shall be embodied in a written report that shall be submitted to the court within ninety days of the request for the investigation.

     3. The department of social services, division of family services shall develop rules and regulations regarding the content of the assessment of the petitioner or petitioners. The content of the assessment shall include but not be limited to, a report on the condition of the petitioner's home and information on the petitioner's education, financial, marital, medical and psychological status and criminal background check. 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 section 536.024, RSMo.

     4. The assessment of petitioner or petitioners shall be submitted to the petitioner and to the court at least ten days prior to the scheduled hearing of the adoptive petition.

     5. In cases where the adoption or custody involves a [minor] child under eighteen years of age that is the natural child of one of the petitioners and [in cases] where all of the parents required by this chapter to give consent to the adoption or transfer of custody have given such consent, the juvenile court may waive the investigation and report and enter the decree for the adoption or order the transfer of custody without such investigation and report.

     [4.] 6. In the case of an investigation and report made by the division of family services by order of the court, the court may order the payment of a reasonable fee by the petitioner to cover the costs of the investigation and report.

     [5.] 7. Any adult person or persons over the age of eighteen, who, as foster parent or parents, have cared for a foster child continuously for a period of [eighteen] twelve months or more and bonding has occurred as evidenced by the positive emotional and physical interaction between the foster parent and child, may apply to such authorized agency for the placement of such child with them for the purpose of adoption[, and] if the child is eligible for adoption[,]. The agency and court shall give preference and first consideration for [adoption] adoptive placements to foster parents. However, the final determination of the propriety of the adoption of such foster child shall be within the sole discretion of the court.

     453.073. 1. The division of family services is authorized to grant a subsidy to a child in one of the forms of allotment defined in section 453.065. Determination of the amount of monetary need is to be made by the division at the time of placement, if practicable, and in reference to the needs of the child, including consideration of the physical and mental condition, age and racial and ethnic background of the child in each case; provided, however, that the subsidy amount shall not exceed the expenses of foster care and medical care for foster children paid under the homeless, dependent and neglected foster care program.

     2. The subsidy shall be paid for children who have been in the care and custody of the division of family services under the homeless, dependent and neglected foster care program. In the case of a child who has been in the care and custody of a private child-caring or child-placing agency or in the care and custody of the division of youth services or the department of mental health, a subsidy shall be available from the division of family services subsidy program in the same manner and under the same circumstances and conditions as provided for a child who has been in the care and custody of the division of family services.

     3. Within thirty days after the authorization for the grant of a subsidy by the division of family services, a written agreement shall be entered into by the division and the parents. The agreement shall set forth the following terms and conditions:

     (1) The type of allotment;

     (2) The amount of assistance payments;

     (3) The services to be provided;

     (4) The time period for which the subsidy is granted, if that period is reasonably ascertainable;

     (5) The obligation of the parents to inform the division when they are no longer providing support to the child or when events affect the subsidy eligibility of the child;

     (6) The eligibility of the child for medicaid.

     4. In the case that the subsidized family moves from the state of Missouri, the granted subsidy shall remain in force as stipulated in the [original] allotment agreement, as long as the adopting family follows the established requirements and, provided further, that a subsidized family which has moved its residence from the state of Missouri shall, as a condition for the continuance of the granted subsidy, submit to the division of family services by the thirtieth day of June of each year, on a form to be provided by such division, a statement of the amounts paid for expenses for the care and maintenance of the adopted child in the preceding year. If the subsidized family fails to submit such form by the thirtieth day of June of any year, payments under the provisions of sections 453.065 to [453.073] 453.074 to a family which has moved its residence from the state of Missouri shall cease.

     453.075. 1. The court shall require the petitioner in any proceeding for adoption to file at the time of filing the petition for permission to adopt, a signed and verified full accounting of any money, anything of value or other consideration paid or transferred by or on behalf of the petitioner in connection with the placement or adoption. The accounting shall show all payments or transfers made or to be made or consideration given or promised by or on behalf of the petitioner in connection with the placement or adoption, including:

     (1) Hospital, medical and physician expenses incurred by the mother or a child in connection with the birth and any illness of the newborn child;

     (2) [Hospital and other medical expenses] Counseling services for a parent or child for a reasonable time before and after the child's placement for adoption;

     (3) [Court costs and fees for legal services;

     (4) Agency fees or expenses] Expenses incurred in obtaining a preplacement assessment and an assessment during the proceeding for adoption;

     (4) Reasonable legal expenses, court costs and travel or other administrative expenses connected with an adoption; and

     (5) Any other services the court finds is reasonably necessary.

     2. The court may decline to issue a decree of adoption and, in the event one of the petitioners is not a biological or adoptive parent of the [minor] child, may order the transfer of lawful custody from the petitioners to a licensed child placement agency if, after a hearing, it determines:

     (1) That any of the payments, transfers or consideration were unreasonable; or

     (2) That any of the payments, transfers or consideration were other than those permitted under section 568.175, RSMo; or

     (3) That the petitioner has failed to report all of the payments, transfers or consideration given by or on behalf of the petitioner in connection with the placement or adoption.

     453.077. 1. When a child has been placed with the petitioner for the required six month placement period, the person conducting the assessment of the adoption shall provide the court with a post-placement assessment. The specific content of which shall be determined by rule by the department of social services, division of family services. The post-placement assessment shall include an update of the preplacement assessment which was submitted to the court pursuant to section 453.070, and a report on the emotional, physical and psychological status of the child.

     2. 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 section 536.024, RSMo.

     453.080. 1. [If the court, after due hearing, is satisfied that the allegations of the petition are true, that the person sought to be adopted, if a minor, has been in the lawful and actual custody of the petitioner or petitioners for a period of at least nine months prior to the entry of the adoption decree, and that it is fit and proper that such adoption should be made, a decree shall be entered setting forth the facts and ordering that from the date of the decree the person sought to be adopted shall, to all legal intents and purposes, be the child of the petitioner or petitioners, and the court may decree that the name of the person sought to be adopted be changed, according to the prayer of the petition.] The court shall conduct a hearing to determine whether the adoption shall be finalized. During such hearing, the court shall ascertain whether:

     (1) The allegations of the petition are true;

     (2) The person sought to be adopted, if a child, has been in the lawful and actual custody of the petitioner for a period of at least six months prior to entry of the adoption decree. Lawful and actual custody shall include a transfer of custody pursuant to the laws of this state, another state, a territory of the United States, or another county;

     (3) The court has received and reviewed a post-placement assessment on the monthly contacts with the adoptive family;

     (4) The court has received and reviewed an updated financial affidavit;

     (5) The court has received the recommendations of the guardian ad litem and has received and reviewed the recommendations of the person placing the child, the person making the assessment and the person making the post-placement assessment;

     (6) There is compliance with the uniform child custody jurisdiction act, sections 452.440 to 452.550, RSMo;

     (7) There is compliance with the Indian Child Welfare Act, if applicable;

     (8) There is compliance with the Interstate Compact on the Placement of Children pursuant to section 210.620, RSMo; and

     (9) It is fit and proper that such adoption should be made.

     2. If a petition for adoption has been filed pursuant to section 453.010 and a transfer of custody has occurred pursuant to section 453.110, the court may authorize the filing for finalization in another state if the adoptive parents are domiciled in that state.

     3. If the court determines the adoption should be finalized, a decree shall be issued setting forth the facts and ordering that from the date of the decree the adoptee shall be for all legal intents and purposes the child of the petitioner or petitioners. The court may decree that the name of the person sought to be adopted be changed, according to the prayer of the petition.

     [2.] 4. The court shall not have jurisdiction to deny continuing contact between the adopted person and the [biological parent at the discretion of the adoptive parent if the child has been adopted after having been in foster care and the child has a distinct memory of his biological parent] birth parent, or an adoptive parent and a birth parent. Additionally, the court shall not have jurisdiction to deny an exchange of identifying information between an adoptive parent and a birth parent. Before the completion of an adoption, the exchange of information among the parties shall be at the discretion of the parties. Upon completion of an adoption, further contact among the parties shall be at the discretion of the adoptive parents.

     453.110. 1. No person, agency, organization or institution shall surrender custody of a minor child, or transfer the custody of such a child to another, and no person, agency, organization or institution shall take possession or charge of a minor child so transferred, without first having filed a petition before the circuit court sitting as a juvenile court of the county where the child may be, praying that such surrender or transfer may be made, and having obtained such an order from such court approving or ordering transfer of custody.

     2. [This section shall not be construed to prohibit the placing of a child in a family home for care by any parent, agency, or organization or institution, if the right to supervise the care of the child and to resume custody thereof is retained. If any such surrender or transfer is made without first obtaining such an order, such court shall, on petition of any public official or interested person, agency, organization, or institution, order an investigation and report as described in section 453.070 to be completed by the division of family services and shall make such order as to the custody of such child as may be for the best interests thereof] If any such surrender or transfer is made without first obtaining such an order, such court shall, on petition of any public official or interested person, agency, organization or institution, order an investigation and report as described in section 453.070 to be completed by the division of family services and shall make such order as to the custody of such child in the best interest of such child.

     3. Any person violating the terms of this section shall be guilty of a class [C misdemeanor] D felony.

     4. The investigation required by subsection 2 of this section shall be initiated by the division of family services within forty-eight hours of the filing of the court order requesting the investigation and report and shall be completed within thirty days. The court shall order the person having custody in violation of the provisions of this section to pay the costs of the investigation and report.

     5. This section shall not be construed to prohibit any parent, agency, organization or institution from placing a child in a family home for care if the right to supervise the care of the child and to resume custody thereof is retained, or from placing a child with a licensed foster home within the state through a child placing agency licensed by this state as part of a pre-adoption placement.

     6. After the filing of a petition for the transfer of custody for the purpose of adoption, the court may enter an order of transfer of custody if the court finds all of the following:

     (1) A family assessment has been made as required in section 453.070 and has been reviewed by the court;

     (2) A recommendation has been made by the guardian ad litem;

     (3) A petition for transfer of custody for adoption has been properly filed or an order terminating parental rights has been properly filed;

     (4) The financial affidavit has been filed as required under section 453.075;

     (5) The written report regarding the child who is the subject of the petition containing the information has been submitted as required by section 453.026;

     (6) Compliance with the Indian Child Welfare Act, if applicable; and

     (7) Compliance with the Interstate Compact on the Placement of Children pursuant to section 210.620, RSMo.

     7. A hearing on the transfer of custody for the purpose of adoption is not required if:

     (1) The conditions set forth in subsection 6 of this section are met;

     (2) The parties agree and the court grants leave; and

     (3) Parental rights have been terminated pursuant to section 211.444 or 211.447, RSMo.

     453.112. 1. Upon receipt of information indicating a violation of the provision of sections 453.005 to 453.170 or section 210.620, RSMo, may be occurring, the court may order the department of social services, division of family services to investigate the allegations.

     2. When a court order for investigation and report is issued, the investigation shall be initiated by the division of family services within forty-eight hours of the filing of the court order requesting the investigation and shall be completed within thirty days.

     3. Any person having custody in violation of this section shall be guilty of a class D felony.

     4. The court shall order the person having custody in violation of the provisions of this section to pay the costs of the investigation and report.

     453.170. [Any person adopted pursuant to the laws of other states of the union or the laws of countries other than the United States, provided the adopted person has immigrated to the United States with the approval of the United States government, or provided any such adoption in a foreign country does not contravene the public policy of the state of Missouri, whenever the adopted person's rights are affected or determined by the laws of this state, shall, from the date of said adoption, be deemed and held] 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 under the provisions of this chapter, including all inheritance rights.

     2. When an adoption occurs in a foreign country and is recognized as a valid adoption by the United States Department of Justice and the United States Department of Immigration and Natural Services, this state shall recognize the adoption. The department of health, 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 and the United States Department of Immigration and Natural 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.

     568.175. 1. A person, partnership, corporation, agency, association, institution, society or other organization commits the crime of trafficking in children if he or it offers, gives, receives or solicits any money, consideration or other thing of value for the delivery or offer of delivery of a child to another person, partnership, corporation, agency, association, institution, society or other organization for purposes of adoption, or for the execution of a consent to adopt or waiver of consent to future adoption or a consent to termination of parental rights.

     2. A crime is not committed under this section if the money, consideration or thing of value [is for:

     (1) Fees to or adoption subsidy payments by a licensed child-placing agency;

     (2) The actual costs of hospital, physician or other medical expenses incurred in connection with the prenatal care, birth and postnatal care of the minor child to be adopted;

     (3) Court costs or fees for legal services rendered to the adoptive parents in connection with the placement or adoption of the minor;

     (4) The costs of foster care rendered by or through a licensed child-placing agency; or

     (5) Cancellation of child support arrearages when the adopting party is a stepparent of the child being placed for adoption] or conduct is permitted under chapter 453, RSMo, relating to adoption.

     3. The crime of trafficking in children is a class C felony.