Missouri Adoption

Missouri Stepparent & Adult Adoptions: A Comprehensive Guide

With References to Missouri Revised Statutes (RSMo) Chapter 453

In Missouri, adoptions are governed by Chapter 453 of the Missouri Revised Statutes (RSMo), which outlines the legal requirements, consent procedures, and and court processes for stepparent and adult adoptions. Below is a detailed overview of Missouri’s adoption laws and procedures.

1. Residency Requirements

1.1 Residency Duration

Under RSMo § 453.010, either the child or the adopting parent must reside in Missouri before filing an adoption petition. While no strict minimum residency period is required, the court must be satisfied that Missouri has jurisdiction over the adoption.

1.2 Where to File

Adoption petitions are filed in the circuit court of the county where either the adopting parent or the adoptee resides. In most Counties in Missouri, the filing fee the court charges for an adult adoption is $215.50, and the filing fee for a step-child adoption is $280.50. Some counties have a different filing fee, so you will need to check with the circuit court in your county to get the exact filing fee amount.

2. Stepparent Adoption in Missouri

A stepparent adoption legally establishes the stepparent as the child’s legal parent, typically requiring the termination of the noncustodial parent’s rights if they have abandoned the child or cannot be located. Key statutes include RSMo §§ 453.040, 453.050, and 453.070.

2.1 Consent of the Absent Parent

General Rule (RSMo § 453.030)

Missouri law generally requires written consent from both legal parents before an adoption can proceed.

Exception—Parental Rights Termination (RSMo § 453.040(7))

A noncustodial parent’s consent is not required if they have:

Failed to provide financial support for at least six months prior to filing
Had no meaningful contact with the child for at least six months prior to filing
Been deemed unfit or abandoned the child

If any of these conditions are met, the court may terminate the absent parent’s rights, allowing the adoption to proceed without their consent.

Unknown Whereabouts of the Absent Parent

If the absent parent’s location is unknown, the adopting parent must demonstrate a diligent search. The court may require notice by publication before terminating parental rights.

2.2 Child’s Consent (RSMo § 453.030(3))

Children age 14 or older must provide written consent for the adoption unless the court waives this requirement for good cause.

2.3 Timeline & Process

File the Adoption Petition – Submit a Petition for Adoption in the local circuit court.
Termination of Parental Rights (if applicable) – If the absent parent does not voluntarily relinquish rights, the petitioner may need to file a petition to terminate parental rights based on abandonment or neglect.
Investigation or Waiver (RSMo § 453.070) – A home study is typically required, but stepparent adoptions often qualify for a waiver if the home environment is stable.
Final Hearing – If uncontested, the final hearing is typically brief, and stepparent adoptions can be finalized within 3 to 6 months, depending on the court schedule.
Decree of Adoption – Once the judge signs the adoption decree, the stepparent becomes the child’s legal parent.

2.4 New Birth Certificate

Once the adoption is finalized, the adoptive parent can request an amended birth certificate from the Missouri Department of Health & Senior Services, Bureau of Vital Records. The original birth record is sealed as per RSMo § 453.140.

3. Adult Adoption in Missouri

Adult adoptions do not require terminating another parent's rights but serve to formalize an existing parental relationship or establish inheritance and other legal rights.

3.1 Consent & Process

Adult’s Consent (RSMo § 453.010(3)) – The adult adoptee must voluntarily consent to the adoption. No parental consent is required.
Petition Filing – File an Adult Adoption Petition in the circuit court of the county where either the adopter or adoptee resides.

3.2 Timeline

Adult adoptions are faster than child adoptions since they do not involve termination of parental rights. They typically conclude within 45 to 90 days if uncontested.

3.3 Legal Effects

Name Change – The adult adoptee may request a name change as part of the adoption decree.
New Birth Certificate – An adult adoptee may obtain an amended birth certificate, but it is not required.

4. Frequently Asked Questions

Does child support from the absent parent continue after the adoption is finalized?

No. Once the adoption decree is entered, the biological parent's legal rights and obligations are terminated, including their child support obligations.

What if the absent parent contests the adoption?

The court will hold a hearing to determine if the absent parent's rights can be terminated under RSMo § 453.040(7) (e.g., due to abandonment or neglect). If the court finds sufficient legal grounds, the adoption can proceed without the absent parent's consent.

Are home studies required for stepparent adoptions?

Under RSMo § 453.070, the court may require a home study, but for stepparent adoptions, this requirement is often waived if the home environment is stable and the case is uncontested.

Can an adult adoptee change their last name as part of an adoption?

Yes. Under RSMo § 453.010(3), an adult adoptee may request a name change in the adoption decree, and the court will typically grant it.

How long does the adoption process take in Missouri?

Stepparent Adoption: 3 to 6 months if uncontested.

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Information on filing an adoption in Missouri.

Missouri Stepparent & Adult Adoptions: A Comprehensive Guide

1. Residency Requirements

1.1 Residency Duration

1.2 Where to File

2. Stepparent Adoption in Missouri

2.1 Consent of the Absent Parent

General Rule (RSMo § 453.030)

Exception—Parental Rights Termination (RSMo § 453.040(7))

Unknown Whereabouts of the Absent Parent

2.2 Child’s Consent (RSMo § 453.030(3))

2.3 Timeline & Process

2.4 New Birth Certificate

3. Adult Adoption in Missouri

3.1 Consent & Process

3.2 Timeline

3.3 Legal Effects

4. Frequently Asked Questions

Does child support from the absent parent continue after the adoption is finalized?

What if the absent parent contests the adoption?

Are home studies required for stepparent adoptions?

Can an adult adoptee change their last name as part of an adoption?

How long does the adoption process take in Missouri?

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