PRINTThe legality of adoption
Taking a look at adoption and surrogacy law
April 26, 2007 | 12:00 a.m. CST
For couples in Missouri who want to adopt a child, the process can be long, complicated and risky at times. Adoption law in Missouri is limited, and regardless of whether the process is open or closed — that is, whether the birth and adoptive parents ever meet one another — an adoption is governed by one statute: chapter 453. The Missouri law provides requirements for what costs intended parents can cover for a birth mother. If these rules are violated, then the situation falls under the Missouri criminal code’s child trafficking law, says Carla Holste, chair of the family law section for the Missouri Bar.
Because the state doesn’t have any laws regarding surrogacy or situations where a child is the product of donated genetic material, these laws are also used in surrogacy cases. Such instances, in which the child is genetically linked to the intended parents but has been carried by another woman, follow the laws of open adoption in Missouri.
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The only way there will be a law specifically for surrogacy is if a case is brought before a Missouri court or if the legislature passes a law that incorporates it, Holste says.
“But it certainly could be an issue — all it takes is one case,” she says. “It’s going to happen, simply because the laws here have not kept up with technology.”
Understanding adoption law
Under Missouri law, adoptive parents cannot pay for a child, and birth parents cannot sell their children. This is why adoptive parents usually only pay for counseling services or small living expenses for a birth mother.
A birth mother isn’t allowed to consent to adoption before the birth of her baby, and it requires a supplementary 48-hour waiting period before she may finally give consent, regardless of whether or not the adoption is open or closed, says Holste. The birth mother, though, can change her mind about the adoption, and the adoptive parents have virtually no rights during this time.
Social workers typically keep the birth mother away from the child at this point so the child can start bonding with the adoptive parents, Holste says.
Even if both parties have signed an agreement to keep an open relationship after the child is born, as Danielle Morris is hoping, it doesn’t always end that way. There is no enforceable law if one side doesn’t follow through, says Christine White, director of Lutheran Family and Children’s Services. She says when a birth mother wants to have an open adoption, they try to match her with adoptive parents who also want to have an open relationship. “The families and birth mothers we work with usually honor the request,” she says.
“Missouri is much more closed than other states,” White says. “Other states have much more openness in their provisions.” Illinois, for example, has developed an adoption registry, which documents the history of an adopted child. Birth parents, adopted adults older than 21 (and adopted children younger than 21) and birth siblings can request to access the registry.
The surrogacy side
Because there’s nothing on the books concerning surrogacy, Holste says the courts will look to other states to make a decision if such a case is brought up. Unfortunately, the law is only clear in a few states.
According to the Human Rights Campaign, a civil rights organization that works for gay and lesbian rights, only six states have laws that permit couples to enter into surrogacy contracts. Washington, D.C., and 11 other states prohibit the contracts. Thirty-four states, including Missouri and Kansas, have unclear laws regarding surrogacy.
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Here are additional resources for persons seeking reunions or information about relatives separated by adoption.
Adoption Triad Connection of Mid-Missouri provides search assistance and support for persons separated by closed adoptions. The group meets at 7 p.m. the fourth Tuesday of the month, September through May, at the Daniel Boone Regional Library in Columbia. For more information call Judy at 573-449-0924 or Nancy at 573-696-3424.
The state of Missouri provides an adoption reunion registry. Go to http://dss.missouri.gov/cd/adopt/adoir.h...
The International Soundex Reunion Registry at http://www.isrr.net/ provides a free registry. Mail to P.O. Box 2312 Carson City, Nevada 89702 or call 775-882-7755.
Posted by Judy Bock on Apr 27, 2007 at 10:36 a.m. (Report Comment)