Current Through June 2015

Who May Access Information

Citation: Ann. Stat. § 453.121Nonidentifying information is available to:

• The adoptive parents
• The child’s legal guardians
• The adult adopted person
• The adult adopted person’s lineal descendants if the adopted person is deceased

Identifying information is available to the adult adopted person or the adult adopted person’s lineal descendants if the adopted person is deceased.

Access to Nonidentifying Information

Citation: Ann. Stat. § 453.121Nonidentifying information, if known, concerning undisclosed birth parents or siblings shall be provided upon written request. Nonidentifying information can include the physical description, nationality, religious background, and medical history of the birth parents or siblings.

Mutual Access to Identifying Information

Citation: Ann. Stat. § 453.121An adult adopted person, or his or her lineal descendants if he or she is deceased, may make a written request to the court for information identifying his or her birth parents. If the birth parents have consented to the release of identifying information, the court shall disclose that information. If the birth parents have not consented to the release of the information, the court shall, within 10 days of receipt of the request, notify in writing the child-placing agency or juvenile court having access to the requested information.

If the agency or court is unable to notify the birth parent within 3 months, the identifying information shall not be disclosed to the adult adopted person. If an affidavit executed by a birth parent authorizing the release of information is filed with the court, the court shall disclose the identifying information.

Any adult adopted person whose adoption was finalized in this State, or whose birth parents had their parental rights terminated in this State, may request the court to secure and disclose identifying information concerning an adult sibling. Identifying information pertaining exclusively to the adult sibling, whether part of the permanent record of a file in the court or in an agency, shall be released only upon consent of that adult sibling.

The department shall maintain a registry for birth parents, adult siblings, and adult adopted persons to indicate their desire to be contacted by each other. At the time of registration, a birth parent or adult sibling may consent in writing to the release of identifying information to an adult adopted person. If such consent has not been executed and the division believes that a match has occurred, the division shall make confidential contact with the birth parents or adult siblings and with the adult adopted person. The birth parent, adult sibling, or adult adopted person may refuse to go forward with any further contact between the parties when contacted by the division.

Access to Original Birth Certificate

Citation: Ann. Stat. § 193.125The 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.

Where the Information Can Be Located

Missouri Division of Family Services, Adoption Information Registry

Current Through March 2017

Who Must Consent to an Adoption

Citation: Rev. Stat. § 453.030The written consent of the following persons shall be required:

• The mother
• The man who is presumed to be the father has acted to establish paternity no later than 15 days after the birth of the child or has filed with the putative father registry
• The child’s current adoptive parents or other legally recognized parent

Consent of Child Being Adopted

Citation: Rev. Stat. § 453.030A child who is age 14 or older must consent to the adoption except when the court finds that the child lacks sufficient mental capacity.

In a case involving a child younger than age 14, the guardian ad litem shall ascertain the child’s wishes and feelings about his or her adoption by conducting an interview or interviews with the child, if appropriate based on the child’s age and maturity level. This information shall be considered by the court as a factor in determining if the adoption is in the child’s best interests.

When the person sought to be adopted is age 18 or older, his or her written consent alone to his or her adoption shall be sufficient.

When Parental Consent is not Needed

Citation: Rev. Stat. § 453.040The consent to the adoption of a child is not required of:

• A parent whose rights to the child have been terminated
• A parent of a child who has legally consented to a future adoption of the child
• A parent whose identity is unknown and cannot be ascertained at the time of the filing of the petition
• 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
• A parent or other person who has not executed a consent and fails to respond to notice
• A parent who has a mental condition that is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and that renders the parent unable to knowingly provide the child the necessary care, custody, and control
• A parent who has for a period of at least 6 months for a child age 1 or older, or at least 60 days for a child under age 1, immediately prior to the filing of the petition for adoption, willfully abandoned the child or, for a period of at least 6 months immediately prior to the filing of the petition for adoption, willfully, substantially, and continuously neglected to provide the child with necessary care and protection

When Consent Can Be Executed

Citation: Rev. Stat. § 453.030The written consent of the birth mother shall not be executed anytime before the child is 48 hours old.

How Consent Must Be Executed

Citation: Rev. Stat. § 453.030The written consent of the father or other parents may be executed before or after the commencement of the adoption proceedings and shall be executed in front of a judge or acknowledged before a notary public. If consent is executed in front of a judge, it shall be the duty of the judge to advise the consenting birth parent of the consequences of the consent. 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. The two adult witnesses shall not be the prospective adoptive parents or any attorney representing a party to the adoption proceeding.

The written consent of the birth mother shall be executed in front of a judge or acknowledged before a notary public. If consent is executed in front of a judge, it shall be the duty of the judge to advise the consenting party of the consequences of the consent. 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 and who determine and certify that the consent is knowingly and freely given. The two adult witnesses shall not be the prospective adoptive parents or any attorney representing a party to the adoption proceeding.

The consent form must specify the following:

• The birth parent understands the importance of identifying all possible fathers of the child and may provide the names of all such persons.
• The birth father understands that if he denies paternity but consents to the adoption, he waives any future interest in the child.

The written consent to adoption shall be valid and effective even though the consenting parent was younger than age 18 if the parent was represented by a guardian ad litem at the time the consent was executed.

Revocation of Consent

Citation: Rev. Stat. § 453.030Consent is final when executed unless the consenting party, prior to a final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party.

Current Through May 2017

Jurisdiction

Citation: Ann. Stat. § 453.010The juvenile division of the circuit court has jurisdiction over adoption proceedings.

Venue

Citation: Ann. Stat. § 453.010The adoption petition shall be filed in the county in which one of the following applies:

• The petitioner resides.
• The child to be adopted was born.
• The child is located at the time of the filing of the petition.
• Either birth parent resides.

Current Through September 2015

Who Must Be Studied

Citation: Ann. Stat. § 453.070; Code of Regs. Tit. 13, § 40-73.080 An assessment must made of the adoptive parents.

In regulation: The adoption home study must include all members of the applicants’ household.

Agency or Person Conducting the Study

Citation: Ann. Stat. § 453.070 The investigation, as directed by the court having jurisdiction, may be made by any of the following:

• The Children’s Division of the Department of Social Services
• A juvenile court officer
• A licensed child-placing agency
• A social worker
• A professional counselor
• A licensed psychologist who is associated with a licensed child-placing agency
• Another suitable person appointed by the court

Qualifications for Adoptive Parents

Citation: Ann. Stat. § 453.070 The assessment and investigation will determine whether the child is suitable for adoption by the petitioner and whether the petitioner is suitable as a parent for the child.

Elements of a Home Study

Citation: Code of Regs. Tit. 13, § 40-73.080 The family assessment process shall include:

• Confidential interviews with the applicants and all members of the applicants’ household, as age appropriate
• A visit to the residence of the applicants that includes a complete inspection of the home
• A minimum of at least two separate visits on nonconsecutive days

A social history on each applicant that shall include:

• A description of the applicant’s family of origin, including type of family structure, values, child rearing, relationships past and present, and discipline methods
• Education and occupational history including current employment
• Marital history and current relationships
• Interests and hobbies
• Physical and mental health history including psychiatric treatment, if any, and extent of alcohol and drug use
• The applicant’s emotional stability and maturity
• Religious beliefs and practices
• Parenting background including motivation to adopt
• Location and description of physical residence, including type of community and school district available
• Financial status and management

Supplemental documentation shall include:

• At least four reference letters, including one employment-related reference per applicant from one who has worked with the person within the past 5 years, one relative, and one nonrelated personal reference
• A child abuse and neglect background screening check that is no more than 6 months old
• Criminal arrest and conviction records from a State law enforcement agency that are no more than 6 months old
• Written medical reports on all adult members of the household that are no more than 12 months old

Grounds for Withholding Approval

Citation: Code of Regs. Tit. 13, § 40-59.030 Information obtained from the criminal background and central registry checks regarding harmful acts to a child is provided to local division staff who are completing the home study. Findings of harmful acts do not automatically preclude approval. The relevance of the findings to child-caring responsibilities will be determined by division staff.

When Studies Must Be Completed

Citation: Ann. Stat. § 453.070; Code of Regs. Tit. 13, § 40-73.080 The results of the investigation shall be incorporated in a written report that shall be submitted to the court within 90 days of the request for the investigation. The assessment of petitioner or petitioners shall be submitted to the petitioner and to the court prior to the scheduled hearing of the adoptive petition.

In regulation: Adoptive family assessments shall be updated annually. An update also shall be completed if there is a significant change in the family situation. Updates shall include:

• One or more interviews with all members of the family
• Medical reports on all household members biennially unless otherwise indicated
• Child abuse/neglect reports on all adults completed within the past 30 days
• Arrest record check completed within the past 30 days
• Evaluation of any previous placements
• A summary of additional children to be adopted

Postplacement Study Requirements

Citation: Ann. Stat. § 453.077; Code of Regs. Tit. 13, § 40-73.080 When a child has been placed with the petitioner for the required 6-month placement period, the person conducting the preplacement assessment shall provide the court with a postplacement assessment. The postplacement assessment shall include an update of the preplacement assessment that was submitted to the court and a report on the emotional, physical, and psychological status of the child.

In regulation: A child-placing agency shall maintain contact with the family during the supervision period. For children younger than age 3, the agency shall:

• Conduct quarterly home visits until the adoption is final
• Conduct monthly telephone contacts between home visits
• Receive regular written reports from the child’s pediatrician

For children age 3 or older or children with special needs, the agency shall:

• Conduct one home visit within the first 10 days of placement, then, at a minimum, quarterly until the adoption is finalized
• Conduct monthly telephone contacts between home visits
• Receive regular written reports from the child’s pediatrician

The agency shall document in the child’s record that all members of the adoptive family’s household, including the adoptive child, were interviewed during supervision and that the following issues were discussed:

• How the addition of this child into the family has changed marital and sibling relationships and how extended family and friends have reacted to the adoption
• What role each family member has assumed in child care
• How parents have coped with adjustments, additional responsibilities, discipline, physical, psychological, emotional, and financial stresses
• How the family is imparting knowledge of the child’s history, as age appropriate
• The child’s adjustment, including health, school, and family

Exceptions for Stepparent or Relative Adoptions

Citation: Ann. Stat. § 453.070In cases where the adoption involves a child younger than age 18 that is the natural child of one of the petitioners, the court may waive the investigation and report, except the criminal background check.

Requirements for Interjurisdictional Placements

Citation: Ann. Stat. §§ 210.620; 210.622Prior to sending a child to a receiving State, the public child-placing agency shall submit a written request for assessment to the receiving State. The assessment shall evaluate the prospective placement to determine whether the placement meets the individualized needs of the child, including, but not limited to, the child’s safety and stability; health and well-being; and mental, emotional, and physical development.

Upon receipt of a request from the public child welfare agency of the sending State, the receiving State shall initiate an assessment of the proposed placement to determine its safety and suitability. If the proposed placement is a placement with a relative, the public child-placing agency of the sending State may request a determination of whether the placement qualifies as a provisional placement.

The public child-placing agency in the receiving State may request from the public or private child-placing agency in the sending State and shall be entitled to receive supporting or additional information necessary to complete the assessment.

The public child-placing agency in the receiving State shall complete or arrange for the completion of the assessment within the timeframes established by the rules of the Interstate Commission.

Notwithstanding the provisions above, the division may enter into an agreement with a similar agency in any State adjoining Missouri that provides for the emergency placement of abused or neglected children across State lines, without the prior approval required by the interstate compact. A request for approval shall be initiated if the placement extends beyond 30 days.

Foster to Adopt Placements

Citation: Ann. Stat. §§ 210.566; 453.070If a child becomes free for adoption while in foster care, the child’s foster family shall be given preferential consideration as adoptive parents.

Any adult person or persons age 18 or older, who, as foster parent or parents, have cared for a foster child continuously for a period of 9 months or more, and bonding has occurred as evidenced by the positive emotional and physical interaction between the foster parent and child, may apply for the placement of the child with them for the purpose of adoption if the child is eligible for adoption. The agency and court shall give preference and first consideration for 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.

Links to Resources

State regulations full text (PDF – 560 KB)

Current Through February 2016

Birth Parents in Relation to Adopted Person

Citation: Ann. Stat. §§ 453.090; 474.060When a child is adopted, all legal relationships and all rights and duties between such child and his or her birth parents shall cease.

If, for purposes of intestate succession, a relationship of parent and child must be established to determine succession by, through, or from a person, an adopted person is the child of an adopting parent and not of the birth parents, except that adoption of a child by the spouse of a birth parent has no effect on the relationship between the child and such birth parent.

Adoptive Parents in Relation to Adopted Person

Citation: Ann. Stat. §§ 453.090; 453.150When a child is adopted, he or she shall be capable of inheriting from his or her parent(s) by adoption as fully as though born to them. The parent(s) by adoption shall be capable of inheriting from their adopted child as fully as though such child had been born to them. The adopted child shall be capable of inheriting from or taking through his or her parent(s) by adoption property limited expressly to heirs of the body of such parent(s) by adoption.

Any person adopted by deed of adoption or agreement of adoption in writing prior to 1917 shall hereafter be deemed and held to be for every purpose the child of his or her parent(s) by adoption as fully as though born to them in lawful wedlock, and such adoption shall have the same force and effect as an adoption under the provisions of this chapter, including all inheritance rights.

Adopted Persons Who Are Not Included in a Will

Citation: Ann. Stat. §§ 474.240; 474.435If a testator fails to provide in his or her will for any child who was adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate, unless:

• It appears from the will that the omission was intentional.
• When the will was executed, the testator had one or more children and gave substantially all his or her estate to the other parent of the omitted child.
• The testator provided for the child by transfer outside the will with the intent that the transfer be in lieu of a testamentary provision.

Adopted persons are included in class gift terminology and terms of relationship in accordance with rules for determining relationships for purposes of intestate succession.

Current Through November 2014

What may be included in postadoption contact agreements?

Citation: Ann. Stat. § 453.080(4)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.

Who may be a party to a postadoption contact agreement?

Citation: Ann. Stat. § 453.080(4)The parties to the adoption may participate in the agreement.

What is the role of the court in postadoption contact agreements?

Citation: Ann. Stat. § 453.080(4)The court shall not have jurisdiction to deny continuing contact between the adopted child and the 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.

Are agreements legally enforceable?

This issue is not addressed in statutes reviewed.

How may an agreement be terminated or modified?

This issue is not addressed in statutes reviewed.

Current Through

Agency or Person Preparing the Report

Citation: Ann. Stat. § 453.026The person placing the child for adoption shall furnish to the court, guardian ad litem, and prospective adoptive parent a written report regarding the child.

Contents of Report About the Adopted Person

Citation: Ann. Stat. § 453.026The Children’s Division of the Department of Social Services shall promulgate rules and regulations regarding all written information that shall be furnished to the court, guardian ad litem, and prospective adoptive parent.

Contents of Report About the Birth Family

Citation: Ann. Stat. § 453.121Nonidentifying information, if known, concerning undisclosed birth parents or siblings shall be furnished by the child-placing agency or the juvenile court to the adoptive parents, legal guardians, adopted adult, or, if the adopted adult is deceased, the adopted adult’s lineal descendants, upon written request. Nonidentifying information includes the physical description, nationality, religious background, and medical history of the birth parent or sibling.

When the Report Is Made

Citation: Ann. Stat. § 453.026The report about the child must be compiled as early as is practical before the prospective adoptive parent accepts physical custody of the child.

Exceptions for Stepparent or Relative Adoptions

This issue is not addressed in the statutes reviewed.

Current Through March 2017

Birth Parent Expenses Allowed

Citation: Ann. Stat. § 453.075(1)Payment of the following expenses is permitted:

• Hospital, medical, or physician expenses incurred by the mother or the child
• Counseling services for the parent or child for a reasonable time before and after the placement for adoption
• Expenses incurred in obtaining a preplacement assessment and an assessment during the proceeding for adoption
• Reasonable legal expenses, court costs, travel, and other administrative expenses in connection with the adoption
• Reasonable living expenses, including food, shelter, utilities, transportation, and clothing expenses of the birth parents and child that are within the norms of the community in which the birth mother resides
• Any other services or items the court finds reasonably necessary

Birth Parent Expenses Not Allowed

Citation: Ann. Stat. § 453.075(2)The court may disallow the following:

• Payments that the court finds unreasonable
• Any unlawful payment in connection with the child’s placement, as described in § 568.175

Allowable Payments for Arranging Adoption

Citation: Ann. Stat. § 568.175It is unlawful for any organization to engage in child trafficking by soliciting, offering, or giving money for the delivery of a child for adoption.

Allowable Payments for Relinquishing Child

Citation: Ann. Stat. § 568.175It is unlawful to give or receive anything of value for the execution of consent to adoption or waiver of consent for future adoption or termination of parental rights.

Allowable Fees Charged by Department/Agency

Citation: Ann. Stat. § 453.070(6)In the case of an investigation and report made by the Children’s Division 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.

Accounting of Expenses Required by Court

Citation: Ann. Stat. § 453.075(1)The petitioner must file with the court a signed and verified full accounting of all payments made, agreed to be made, or promised in connection with the adoption.

Current Through August 2107

Legal Definition of ‘Father’

Citation: Rev. Stat. §§ 210.817; 210.822

The term ‘parent and child relationship’ means the legal relationship existing between a child and his or her natural or adoptive parents on which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

A man shall be presumed to be the natural father of a child if:

• He and the child’s natural mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated.
• Before the child’s birth, he and the child’s natural mother have attempted to marry each other, although the attempted marriage is or may be declared invalid, and:
  • If the attempted marriage may be declared invalid only by a court, the child is born during the attempted marriage or within 300 days after its termination.
  • If the marriage is invalid without a court order, the child is born within 300 days after the termination of cohabitation.
• After the child’s birth, he and the child’s natural mother have married or attempted to marry each other, although the marriage is or may be declared invalid, and:
  • He has acknowledged his paternity of the child in writing filed with the bureau.
  • With his consent, he is named as the child’s father on the child’s birth certificate.
  • He is obligated to support the child pursuant to a written voluntary promise or by court order.
• An expert concludes that the blood tests show that the alleged parent is not excluded and that the probability of paternity is 98 percent or higher, using a prior probability of 0.5.

Paternity Registry

Citation: Rev. Stat. § 192.016

The Department of Health and Senior Services shall establish a putative father registry that shall record the names and addresses of:

• Any person adjudicated by a court of this state to be the father of a child born out of wedlock
• Any person who has filed a notice of intent to claim paternity of the child with the registry before or after the birth of a child out of wedlock
• 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

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.

Lack of knowledge of the pregnancy does not excuse the failure to file a claim of paternity in a timely manner pursuant to § 453.030. Failure to file in a timely manner shall result in the forfeiture of a man’s right to withhold consent to an adoption proceeding unless:

• The person was led to believe through the mother’s misrepresentation or fraud that:
  • The mother was not pregnant, when in fact she was.
  • The pregnancy was terminated, when in fact the baby was born.
  • After the birth, the child died, when in fact the child is alive.
• The person, upon the discovery of the misrepresentation or fraud, satisfied the requirements of § 453.030(3)(b) or (c) within 15 days of that discovery.

Alternate Means to Establish Paternity

Citation: Rev. Stat. §§ 210.826; 210.834

An action may be brought at any time for the purpose of declaring the existence or nonexistence of the father and child relationship presumed under § 210.822(1), by any of the following:

• A child
• The child’s natural mother
• A man presumed to be the child’s father
• A man alleging himself to be a father
• Any person having physical or legal custody of a child for a period of more than 60 days
• The Family Support Division

An action to determine the existence of the father and child relationship with respect to a child who has no presumed father may be brought by:

• The child
• The mother or the person who has legal custody of the child
• Any person having physical or legal custody of a child for a period of more than 60 days
• The Family Support Division
• The personal representative or a parent of the mother if the mother has died
• A man alleging himself to be the father
• The personal representative or a parent of the alleged father if the alleged father has died or is a minor

The court may, and shall upon request of any party, require the child, mother, alleged father, any presumed father who is a party to the action, and any male witness who testifies or shall testify about his sexual relations with the mother at the possible time of conception to submit to blood tests. Whenever the court finds that the results of the blood tests show that a person presumed or alleged to be the father of the child is not the father of such child, such evidence shall be conclusive of nonpaternity.

Required Information

Citation: Rev. Stat. § 192.016

A person filing a notice of intent to claim paternity of a child or an acknowledgment of paternity shall file the acknowledgment affidavit form developed by the state registrar. The form shall include the minimum requirements prescribed by the Secretary of the U.S. Department of Health and Human Services pursuant to 42 U.S.C. § 652(a)(7).

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

Revocation of Claim to Paternity

Citation: Rev. Stat. § 192.016

A person who has filed a notice of intent to claim paternity may at any time revoke a notice of intent to claim paternity that was previously filed and, upon receipt of such notification by the registry, the revoked notice of intent to claim paternity shall be deemed null and void.

Access to Information

Citation: Rev. Stat. §§ 192.016; 453.014(1)

The department shall, upon request and within 2 business days of such request, provide the names and addresses of persons listed with the registry to:

• Any court or authorized agency
• The Children’s Division of the Department of Social Services
• A licensed child-placing agency
• The child’s parents
• An intermediary, including an attorney, a physician, or a member of the clergy of the parents

Such information shall not be divulged to any other person, except upon order of a court for good cause shown.

Current Through June 2014

Effect and Recognition of a Foreign Adoption Decree

Citation: Rev. Stat. § 453.170(2)When an adoption occurs in a foreign country and the adopted child migrates to the United States with the permission of the U.S. Department of Justice and the U.S. Immigration and Naturalization Service,* this State shall recognize the adoption.

[*As of March 1, 2003, the responsibility for providing immigration-related services was transferred from the U.S. Immigration and Naturalization Service to the U.S. Citizenship and Immigration Services, a bureau of the U.S. Department of Homeland Security. The statutes do not yet reflect this change.]

Readoption After an Intercountry Adoption

Citation: Rev. Stat. § 453.170(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 U.S. Department of Justice and the U.S. Immigration and Naturalization Service that 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.

Application for a U.S. Birth Certificate

Citation: Rev. Stat. §§ 453.170(2); 193.125(9)The Department of Health and Senior Services shall issue a birth certificate for the adopted child upon request and upon receipt of proof of adoption as required in § 193.125(7). The department, upon receipt of proof that a person has been adopted by a Missouri resident pursuant to laws of countries other than the United States, shall prepare a birth certificate in the name of the adopted child as decreed by the court of such country.

If such proof contains the surname of either adoptive parent, the department shall prepare a birth certificate as requested by the adoptive parents. Any subsequent change of the name of the adopted child 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 the birth certificate and adoption decree
• A copy of the approval of the immigration of the adopted person by the U.S. Immigration and Naturalization Service that shows the child lawfully entered the United States

The authenticity of the translation of the birth certificate and adoption decree shall be sworn to by the translator in a notarized document. The State Registrar shall file the documents relating to the adoption, and the documents may be opened by the State Registrar only by an order of a court.

A birth certificate shall be issued upon request of one of the adoptive parents or the adopted person if he or she is of legal age. The birth certificate prepared 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 §§ 193.005 to 193.325.

Current Through October 2017

Definitions

This issue is not addressed in the statutes reviewed.

Prohibited or Required Actions Regarding Custody

Citation: Rev. Stat. § 453.110No person, agency, organization, or institution shall surrender custody of a minor child or transfer the custody of 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 with the court and obtaining an order from the court approving or ordering transfer of custody.

If any surrender or transfer is made without first obtaining a court order, the court shall, on petition of any public official or interested person, agency, organization, or institution, order an investigation and report as described in § 453.070 to be completed by the Children’s Division and shall make an order regarding the custody of the child that is in the best interests of the child. The investigation shall be initiated by the division within 48 hours, and the investigation and report shall be completed within 30 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.

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:

• The required family assessment has been made and reviewed by the court.
• A recommendation has been made by the guardian ad litem.
• A petition for transfer of custody for adoption or an order terminating parental rights has been properly filed.
• The required financial affidavit has been filed.
• The written report regarding the child who is the subject of the petition containing the information required by § 453.026 has been submitted.
• The placement is in compliance with the Indian Child Welfare Act or the Interstate Compact on the Placement of Children, if applicable.

Exceptions

Citation: Rev. Stat. §§ 453.110; 453.014This section shall not be construed to prohibit any parent, agency, organization, or institution from placing a child with another individual 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 preadoption placement.

The child’s parents, without the direct or indirect assistance of an intermediary, may place a minor for adoption in the home of a relative of the child within the third degree.

Consequences

Citation: Rev. Stat. § 453.110Any person who violates the terms of this section is guilty of a class E felony.

Current Through August 2015

Use of Advertisement

This issue is not addressed in the statutes reviewed.

Use of Intermediaries/Facilitators

Citation: Ann. Stat. §§ 568.175; 453.014A person, partnership, corporation, agency, association, institution, society, or other organization commits the crime of trafficking in children if he, she, 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, a waiver of consent to future adoption, or a consent to termination of parental rights. A crime is not committed under this section if the money, consideration, or thing of value or conduct is permitted under chapter 453 relating to adoption.

An intermediary, including a licensed attorney, a licensed physician, or a clergyman of the parents, may place a minor for adoption. The intermediary shall comply with the rules and regulations promulgated by the Department of Social Services and the Department of Health and Senior Services for such placement.

Current Through December 2015

Who May Adopt

Citation: Ann. Stat. § 453.010Any person, regardless of residence, may adopt. If that person is married, his or her spouse may join in the petition. If the spouse does not join in, the court may order joinder, and if the order is not complied with, the court may dismiss the petition.

Who May Be Adopted

Citation: Ann. Stat. § 453.010Any child may be adopted.

Who May Place a Child for Adoption

Citation: Ann. Stat. §§ 453.014; 453.110A child may be placed by any of the following:

• The Children’s Division of the Department of Social Services
• A licensed child-placing agency
• The child’s parent(s) without the direct or indirect assistance of an intermediary, in the home of a relative of the child within the third degree
• An intermediary, including an attorney, physician, or clergy member

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 of a minor child so transferred, without first having filed a petition with the court and obtaining an order from the court approving or ordering a transfer of custody.

If a transfer of custody is made without first obtaining a court order, the court shall, on petition of any public official or interested person, agency, organization, or institution, order an investigation and report as described in § 453.070 to be completed by the division and shall make a custody order that is in the best interests of the child.

MO Adoption Laws Source.