Text of MO HB 2717 (2022)

SECOND REGULAR SESSION HOUSE BILL NO. 2717 101ST GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE COLEMAN (32). 5617H.01I DANA RADEMAN MILLER, Chief Clerk AN ACT To repeal section 193.215, RSMo, and to enact in lieu thereof one new section relating to certificates of birth. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 193.215, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 193.215, to read as follows: 193.215. 1. A certificate or report registered pursuant to sections 193.005 to 193.325 2 may be amended only pursuant to the provisions of sections 193.005 to 193.325, and 3 regulations adopted by the department. 4 2. A certificate or report that is amended pursuant to this section shall be marked 5 "Amended" except as otherwise provided in this section. The date of amendment and a 6 summary description of the evidence submitted in support of the amendment shall be 7 endorsed on or made part of the record. 8 3. Upon receipt of a certified copy of an order of a court of competent jurisdiction 9 changing the name of a person born in this state and upon request of such person or such 10 person's parents, guardian, or legal representative, the state registrar shall amend the 11 certificate of birth to show the new name. The court order shall include such facts as are 12 necessary to locate and identify the certificate of birth of the person whose name is being 13 changed. 14 4. When an applicant does not submit the minimum documentation required in the 15 regulations for amending a vital record or when the state registrar has reasonable cause to 16 question the validity or adequacy of the applicant's sworn statements or the documentary 17 evidence, and if the deficiencies are not corrected, the state registrar shall not amend the vital EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 18 record and shall advise the applicant of the reason for this action and the applicant's right of 19 appeal to a court of competent jurisdiction. 20 5. When a certificate or report is amended pursuant to this section, the state registrar 21 shall report the amendment to any other custodians of the vital record and their record shall be 22 amended accordingly. 23 6. Upon written request of both parents and receipt of a sworn acknowledgment of 24 paternity notarized and signed by both parents of a child born out of wedlock, the state 25 registrar shall amend the certificate of birth to show such paternity. The acknowledgment 26 affidavit form shall be developed by the state registrar and shall include the minimum 27 requirements prescribed by the secretary of the Department of Health and Human Services 28 pursuant to 42 U.S.C. Section 652(a)(7). The acknowledgment form shall include provisions 29 to allow the parents to change the surname of the child and such surname shall be changed on 30 the birth record if the parents elect to change the child's surname. The signature of the parents 31 shall be notarized or the signature shall be witnessed by at least two disinterested adults 32 whose signatures and addresses shall be plainly written thereon. The form shall be 33 accompanied by oral notice, which may be provided through the use of video or audio 34 equipment, and written notice to the mother and putative father of: 35 (1) The alternatives to, the legal consequences of, and the rights and responsibilities 36 that arise from signing the acknowledgment; 37 (2) The benefits of having the child's paternity established; and 38 (3) The availability of paternity establishment and child support enforcement 39 services. A rescission of acknowledgment form shall be filed with the bureau of vital records 40 pursuant to section 210.823 to vacate the legal finding of paternity. The bureau shall file all 41 rescissions and forward a copy of each to the family support division. The birth record shall 42 only be changed pursuant to this subsection upon an order of the court or the family support 43 division. 44 7. The department shall offer voluntary paternity establishment services. 45 8. Upon receipt of a certified copy of an order of a court of competent jurisdiction 46 changing the name of a person born in this state and upon request of such person or such 47 person's parents, guardian or legal representative, the state registrar shall amend the certificate 48 of birth to show the new name. 49 9. Upon receipt of a certified copy of an order of a court of competent jurisdiction 50 indicating the sex of an individual born in this state has been changed by [surgical procedure] 51 sex reassignment surgery and that such individual's name has been changed, the certificate 52 of birth of such individual shall be amended. ✔ HB 2717 2