Missouri

PRE BIRTH OR POST BIRTH ORDER

Post-birth

Process begins at week 14 of the pregnancy and all documents are filed prior to birth.  Once the case is filed, and following the birth, the issuance of the hearing is scheduled within 3-5 days and judgment is entered at the conclusion of the hearing.


Married Hetero Couple

Unmarried Hetero Couple

Married Same-Sex Couple

Unmarried Same-Sex Couple

Single Parent

One Bio Connection

Two Bio Connections

No Bio Connections


ACCEPTANCE OF CALIFORNIA PRE-BIRTH ORDER

Yes.

The Pre-birth Order will only be used by the hospital to confirm parentage and authority to make medical decisions; it will not be provided to Vital Records.  The Pre-birth Order should include:

  • Intended Parents' full legal name (first, middle, last);
  • Date of birth;
  • Place of birth (state or country only);
  • Race;
  • Social security number;
  • Education level;
  • Home address at the time of birth; and
  • If one or both Intended Parents are female, maiden names should be included. 

A Post-birth Order containing the above information should also include the following:

  • Child's name;
  • Date of birth;
  • Place of birth; and
  • Language which indicates all information relating to the GC should be removed from the birth record and that the original birth record containing the GC's information should be sealed

Once the Post-birth Order is issued, a certified copy should be presented to:

Missouri Dept. of Health and Senior Services

ATTN: Shyanne

930 Wildwood Drive

Jefferson City, MO 65109

Phone:  573-751-6387, opt. 2 and then ask to speak with Shyanne.  

The Post-birth Order should be accompanied by payment ($15 for the birth record to be amended and $15 per certified copy (maximum of 5 birth certificates can be ordered at one time), as well as a return FedEx envelope. 

Once received, the birth certificate will be issued within a few days.


Birth Certificates

The original birth record will list the GC's name as birth mother.  This record will not be generated unless it is requested.  A Post-birth Order is required to remove the GC's information.

Timing - Varies by county, but the typical time frame is 5-10 business days.

Title - Parents can choose to be listed as father, parent, or mother.

GC - The initial birth certificate can include the name of the GC with the name of an IP.  The birth certificate can later be revised to remove the name of the GC.


statutes / case law

This state follows the old UPA.

Is there a statute or published case law that addresses the rights of a donor over the resulting eggs, sperm, embryo or child?  Yes. Mo. Ann. Stat. § 210.824, a sperm donor where the specimen is provided to a physician is not considered to be the father.

 
If the statute only refers to sperm donors, is there case law interpreting this statute to provide the same protection in the egg donor context?  Yes, the court's decision in White v. White (2009), held the sperm donor statue equally applied to egg donors.

Venue

County of the child's birthplace, county of the Intended Parent's residence, or county of the GC’s residence.

Do results vary by venue?  No, but there are procedural variations.

Are motions to waive venue accepted?  No


Electronic signatures / e-notarizaTIONS

Traditional signatures and traditional notarizations required.


Second / step parent adoptions

Can the non-biological parent in a same-sex couple obtain a second parent adoption based solely on the fact that the child was born in the state (i.e., neither of the Intended Parents lives in the state)?  Likely yes, but untested.

Will courts grant second parent adoptions or stepparent adoptions to heterosexual couples living in the state? Potentially, yes; however, it's based on judge's discretion.

Does the couple need to be married?  No.
 
Will courts grant second parent adoptions or stepparent adoptions to same-sex couples living in the state?  
Potentially, yes; however, it's based on judge's discretion.

Does the couple need to be married?  No.


Of counsel

Allan Stewart

Stewart, Mittleman, & O'Rourke

222 South Central Avenue, Ste. 202

Clayton, MO 63105-3509

(314) 863-8484

astewart@smhhlaw.com

http://lawsmo.com/