Missouri Statute | Act | Code |Domestic Relations| US Code - US Statute

1. The provisions of sections 453.005 to 453.400 shall be
construed so as to promote the best interests and welfare of the child in
recognition of the entitlement of the child to a permanent and stable
home.

2. The division of family services and all persons involved in the
adoptive placement of children as provided in subdivisions (1), (2) and
(4) of section 453.014 shall provide for the diligent recruitment of
potential adoptive homes that reflect the ethnic and racial diversity of
children in the state for whom adoptive homes are needed.

3. Placement of a child in an adoptive home may not be delayed or denied
on the basis of race, color or national origin. (L. 1985 H.B. 366, et
al., A.L. 1997 H.B. 343, A.L. 2000 S.B. 757 & 602, A.L. 2001 S.B. 236)

1. Any person desiring to adopt another person as his or her
child shall petition the juvenile division of the circuit court of the
county in which:

(1) The person seeking to adopt resides;

(2) The child sought to be adopted was born;

(3) The child is located at the time of the filing of the petition; or

(4) Either birth person resides.

2. A petition to adopt shall not be dismissed or denied on the grounds
that the petitioner is not domiciled or does not reside in any of the
venues set forth in subdivision (2), (3) or (4) of subsection 1 of this
section.

3. If the person sought to be adopted is a child who is under the prior
and continuing jurisdiction of a court pursuant to the provision of
chapter 211, RSMo, any person desiring to adopt such person as his or her
child shall petition the juvenile division of the circuit court which has
jurisdiction over the child for permission to adopt such person as his or
her child. Upon receipt of a motion from the petitioner and consent of
the receiving court, the juvenile division of the circuit court which has
jurisdiction over the child may transfer jurisdiction to the juvenile
division of a circuit court within any of the alternative venues set
forth in subsection 1 of this section.

4. If the petitioner has a spouse living and competent to join in the
petition, such spouse may join therein, and in such case the adoption
shall be by them jointly. If such a spouse does not join the petition the
court in its discretion may, after a hearing, order such joinder, and if
such order is not complied with may dismiss the petition.

5. Upon receipt of a properly filed petition, a court, as defined in this
section, shall hear such petition in a timely fashion. A court or any
child-placing agency shall not deny or delay the placement of a child for
adoption when an approved family is available, regardless of the approved
family's residence or domicile. The court shall expedite the placement of
a child for adoption pursuant to subsection 3 of this section. (RSMo 1939
§ 9608, A.L. 1947 V. II p. 213, A.L. 1997 H.B. 343, A.L. 1998 H.B. 1822
merged with H.B. 1918 merged with S.B. 674, A.L. 2001 S.B. 348)

Prior revisions: 1929 § 14073; 1919 § 1095

(1954) Where two petitions for the adoption of the same child were filed
by different petitioners, court had jurisdiction to treat them as a
single action and, after being disqualified to act in one of the actions,
also to disqualify himself from hearing the other. State ex rel. Earnest
v. Meriwether (Mo.), 270 S.W.2d 20.

(1958) Where mother obtained permission to waiver her consent to adoption
under § 453.050, court did not acquire continuing jurisdiction for
adoption and transfer custody and subsequent petition by nonresidents to
adopt child who was then in foreign state was dismissed. In re Smith
(A.), 314 S.W.2d 464.

(1963) Evidence sustained dismissal of petition for adoption on ground
that there was considerable knowledge concerning antecedents of minor
child by petitioners and of the petitioners by one or both of the natural
parents and relatives and there was possibility of confrontation of a
nature detrimental to the minor child. In re K.W.S. (A.), 370 S.W.2d 698.

1. In all cases in which the termination of parental rights or
adoption of a child is contested by any person or agency, the trial court
shall, consistent with due process, expedite the contested termination or
adoption proceeding by entering such scheduling orders as are necessary
to ensure that the case is not delayed, and such case shall be given
priority in setting a final hearing of the proceeding and shall be heard
at the earliest possible date over other civil litigation, other than
division of family services' child protection cases.

2. In all cases as specified in subsection 1 of this section which are
appealed from the decision of a trial court:

(1) The transcript from the prior court proceeding shall be provided to
the appellate court no later than thirty days from the date the appeal is
filed; and

(2) The appellate court shall, consistent with its rules, expedite the
contested termination of parental rights or adoption case by entering
such scheduling orders as are necessary to ensure that a ruling will be
entered within thirty days of the close of oral arguments, and such case
shall be given priority over all other civil litigation, other than
division of family services' child protection cases, in reaching a
determination on the status of the termination of parental rights or of
the adoption; and

(3) In no event shall the court permit more than one request for an
extension by either party.

3. It is the intent of the general assembly that the permanency of the
placement of a child who is the subject of a termination of parental
rights proceeding or an adoption proceeding not be delayed any longer
than is absolutely necessary consistent with the rights of all parties,
but that the rights of the child to permanency at the earliest possible
date be given priority over all other civil litigation other than
division of family services' child protection cases. (L. 2000 S.B. 757 &
602)

The provisions of sections 192.016, 193.125, 210.109, 210.491,
211.444, and 211.447, RSMo, sections* 453.005, 453.010, 453.014, 453.015,
453.025, 453.026, 453.030, 453.040, 453.060, 453.065, 453.070, 453.073,
453.075, 453.077, 453.080, 453.110, 453.112, and 453.170 and section**
568.175, RSMo, shall apply to petitions for adoption filed on or after
August 28, 1997. (L. 1997 H.B. 343 § 1)

*Word "sections" does not appear in original rolls.

**Word "section" does not appear in original rolls.

1. The following persons may place a minor for adoption:

(1) The division of family services of the department of social services;

(2) A child placing agency licensed pursuant to sections 210.481 to
210.536, RSMo;

(3) The child's parents, without the direct or indirect assistance of an
intermediary, in the home of a relative of the child within the third
degree;

(4) An intermediary, which shall include an attorney licensed pursuant to
chapter 484, RSMo; a physician licensed pursuant to chapter 334, RSMo; or
a clergyman of the parents.

2. All persons granted the authority to place a minor child for adoption
as designated in subdivision (1), (2) or (4) of subsection* 1 of this
section 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.

3. The department of social services, division of family services and the
department of health and senior services shall promulgate rules and
regulations regarding the placement of a minor for adoption.

4. No rule or portion of a rule promulgated under the authority of this
section shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1989 H.B. 51, A.L. 1997 H.B.
343)

*Original rolls contain the word "section".

As used in sections 453.010 to 453.400, the following terms mean:

(1) "Minor" or "child", any person who has not attained the age of
eighteen years or any person in the custody of the division of family
services who has not attained the age of twenty-one;

(2) "Parent", a birth parent or parents of a child, including the
putative father of the child, as well as the husband of a birth mother at
the time the child was conceived, or a parent or parents of a child by
adoption. The putative father shall have no legal relationship unless he
has acknowledged the child as his own by affirmatively asserting his
paternity;

(3) "Putative father", the alleged or presumed father of a child
including a person who has filed a notice of intent to claim paternity
with the putative father registry established in section 192.016, RSMo,
and a person who has filed a voluntary acknowledgment of paternity
pursuant to section 193.087, RSMo; and

(4) "Stepparent", the spouse of a biological or adoptive parent. The term
does not include the state if the child is a ward of the state. The term
does not include a person whose parental rights have been terminated. (L.
1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343,
A.L. 1998 H.B. 1918)

1. The petition for adoption shall state:

(1) The name, sex and place of birth of the person sought to be adopted;

(2) The name of his parents, if known to the petitioner;

(3) If the person sought to be adopted is a minor, the fact that
petitioner has the ability to properly care for, maintain and educate
such person; and

(4) If it is desired to change the name of such person, the new name.

2. The petition for adoption shall include payment of a fifty dollar
filing fee which shall be used to fund the putative father registry
established pursuant to section 192.016, RSMo.

3. All fees provided for in this section shall be deposited in the
putative father registry fund. Notwithstanding the provisions of section
33.080, RSMo, to the contrary, money in the fund shall not be transferred
and placed to the credit of general revenue at the end of the biennium,
but shall be used upon appropriation by the general assembly for the
purpose of carrying out the provisions of this chapter. (RSMo 1939 §
9612, A.L. 1947 V. II p. 213, A.L. 1959 H.B. 384, A.L. 1982 H.B. 1171, et
al., A.L. 1985, H.B. 366, et al., A.L. 2004 H.B. 1453, A.L. 2005 S.B. 21)

Prior revisions: 1929 § 14077; 1919 § 1099

(1955) Pleadings should make apparent who parents are when they are
known. Adoption of McKinzie (A.), 275 S.W.2d 365.

1. The court shall, in all cases where the person sought to be
adopted is under eighteen years of age, appoint a guardian ad litem, if
not previously appointed pursuant to section 210.160, RSMo, to represent
the person sought to be adopted.

2. When the parent is a minor or incompetent, the court shall appoint a
guardian ad litem to represent such parent.

3. The guardian ad litem may be awarded a reasonable fee for such
services to be set by the court. The court, in its discretion, may award
such fees as a judgment to be paid by any party to the proceedings or
from public funds. Such an award of guardian fees shall constitute a
final judgment in favor of the guardian ad litem. Such final judgment
shall be enforceable against the parties in accordance with chapter 513,
RSMo.

4. The guardian ad litem shall:

(1) Be the legal advocate for the best interest of the party he is
appointed to represent with the power and authority to cross-examine,
subpoena witnesses, and offer testimony;

(2) Initiate an appeal of any disposition that he determines to be
adverse to the interests of the party he represents; and

(3) Ascertain the child's wishes, feelings and attitudes regarding the
adoption by interviewing persons with knowledge of the child, and if
appropriate, to meet with the child. (L. 1985 H.B. 366, et al., A.L. 1997
H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)

1. As early as is practical before a prospective adoptive parent
accepts physical custody of a child, the person placing the child for
adoption, as authorized by section 453.014, shall furnish to the court,
the guardian ad litem and the prospective adoptive parent a written
report regarding the child.

2. The person placing the child shall not be held liable for incorrect
information as provided by others or unintentional errors when making the
written report.

3. The department of social services, division of family services shall
promulgate rules and regulations regarding all written information that
shall be furnished to the court, the guardian ad litem and the
prospective adoptive parent.

4. No rule or portion of a rule promulgated under the authority of this
section shall become effective unless it has been promulgated pursuant to
the provisions of section 536.024, RSMo. (L. 1997 H.B. 343)

1. In all cases the approval of the court of the adoption shall
be required and such approval shall be given or withheld as the welfare
of the person sought to be adopted may, in the opinion of the court,
demand.

2. The written consent of the person to be adopted shall be required in
all cases where the person sought to be adopted is fourteen years of age
or older, except where the court finds that such child has not sufficient
mental capacity to give the same.

3. With the exceptions specifically enumerated in section 453.040, when
the person sought to be adopted is under the age of eighteen years, the
written consent of the following persons shall be required and filed in
and made a part of the files and record of the proceeding:

(1) The mother of the child; and

(2) Only the man who:

(a) Is presumed to be the father pursuant to the subdivision (1), (2), or
(3) of subsection 1 of section 210.822, RSMo; or

(b) Has filed an action to establish his paternity in a court of
competent jurisdiction no later than fifteen days after the birth of the
child and has served a copy of the petition on the mother in accordance
with section 506.100, RSMo; or

(c) Filed with the putative father registry pursuant to section 192.016,
RSMo, a notice of intent to claim paternity or an acknowledgment of
paternity either prior to or within fifteen days after the child's birth,
and has filed an action to establish his paternity in a court of
competent jurisdiction no later than fifteen days after the birth of the
child; or

(3) The child's current adoptive parents or other legally recognized
mother and father.

Upon request by the petitioner and within one business day of such
request, the clerk of the local court shall verify whether such written
consents have been filed with the court.

4. The written consent required in subdivisions (2) and (3) of subsection
3 of this section may be executed before or after the commencement of the
adoption proceedings, and shall be acknowledged before a notary public.
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 whose signatures and addresses shall be plainly written
thereon. The two adult witnesses shall not be the prospective adoptive
parents or any attorney representing a party to the adoption proceeding.
The notary public or witnesses shall verify the identity of the party
signing the consent.

5. The written consent required in subdivision (1) of subsection 3 of
this section by the birth parent shall not be executed anytime before the
child is forty-eight hours old. Such written consent shall be executed in
front of a judge or a notary public. 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 whose signatures and addresses shall be plainly written thereon
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 notary public or witnesses shall verify the identity of the party
signing the consent.

6. The written consents shall be reviewed and, if found to be in
compliance with this section, approved by the court within three business
days of such consents being presented to the court. Upon review, in lieu
of approving the consent within three business days, the court may set a
date for a prompt evidentiary hearing upon notice to the parties. Failure
to review and approve the written consent within three business days
shall not void the consent, but a party may seek a writ of mandamus from
the appropriate court, unless an evidentiary hearing has been set by the
court pursuant to this subsection.

7. The written consent required in subsection 3 of this section may be
withdrawn anytime until it has been reviewed and accepted by a judge.

8. A consent form shall be developed through rules and regulations
promulgated by the department of social services. No rule or portion of a
rule promulgated under the authority of this section shall become
effective unless it has been promulgated pursuant to the provisions of
chapter 536, RSMo. If a written consent is obtained after August 28,
1997, but prior to the development of a consent form by the department
and the written consent complies with the provisions of subsection 9 of
this section, such written consent shall be deemed valid.

9. However, the consent form must specify that:

(1) The birth parent understands the importance of identifying all
possible fathers of the child and may provide the names of all such
persons; and

(2) The birth parent understands that if he denies paternity, but
consents to the adoption, he waives any future interest in the child.

10. The written consent to adoption required by subsection 3 and executed
through procedures set forth in subsection 5 of this section shall be
valid and effective even though the parent consenting was under eighteen
years of age, if such parent was represented by a guardian ad litem, at
the time of the execution thereof.

11. Where the person sought to be adopted is eighteen years of age or
older, his written consent alone to his adoption shall be sufficient.

12. A birth parent, including a birth parent less than eighteen years of
age, shall have the right to legal representation and payment of any
reasonable legal fees incurred throughout the adoption process. In
addition, the court may appoint an attorney to represent a birth parent
if:

(1) A birth parent requests representation;

(2) The court finds that hiring an attorney to represent such birth
parent would cause a financial hardship for the birth parent; and

(3) The birth parent is not already represented by counsel.

13. Except in cases where the court determines that the adoptive parents
are unable to pay reasonable attorney fees and appoints pro bono counsel
for the birth parents, the court shall order the costs of the attorney
fees incurred pursuant to subsection 12 of this section to be paid by the
prospective adoptive parents or the child-placing agency. (RSMo 1939 §
9609, A.L. 1947 V. II p. 213, A.L. 1959 H.B. 438, A.L. 1982 H.B. 1171, et
al., A.L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918
merged with S.B. 674, A.L. 2002 H.B. 1443 merged with S.B. 923, et al.,
A.L. 2004 H.B. 1453)

Prior revisions: 1929 § 14074; 1919 § 1096

(1960) Where mother of illegitimate child consented to its transfer of
custody and consented to its future adoption, her consent would not be
revoked without cause and fact that she later married father of the child
who acknowledged paternity would not authorize setting aside of such
consent. In re G.K.D. (A.), 332 S.W.2d 62.

(1960) Where only surviving parent of child did not consent to adoption,
and never abandoned her or failed to provide for her, court had no power
to adjudge adoption. Hartwig v. Hartwig (A.), 333 S.W.2d 101.

(1966) Consent to adoption is jurisdictional, and when the consent
previously given is withdrawn by leave of court, that terminates the
proceedings, and judgment to that effect is the final determination of
the rights of the parties. In re D . . . . . (A.), 408 S.W.2d 361.

The consent to the adoption of a child is not required of:

(1) A parent whose rights with reference to the child have been
terminated pursuant to law, including section 211.444, RSMo, or section
211.447, RSMo, or other similar laws in other states;

(2) A parent of a child who has legally consented to a future adoption of
the child;

(3) A parent whose identity is unknown and cannot be ascertained at the
time of the filing of the petition;

(4) 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 and acknowledging that this statement is
irrevocable when executed and follows the consent as set forth in section
453.030;

(5) A parent or other person who has not executed a consent and who,
after proper service of process, fails to file an answer or make an
appearance in a proceeding for adoption or for termination of parental
rights at the time such cause is heard;

(6) A parent who has a mental condition which is shown by competent
evidence either to be permanent or such that there is no reasonable
likelihood that the condition can be reversed and which renders the
parent unable to knowingly provide the child the necessary care, custody
and control;

(7) A parent who has for a period of at least six months, for a child one
year of age or older, or at least sixty days, for a child under one year
of age, immediately prior to the filing of the petition for adoption,
willfully abandoned the child or, for a period of at least six months
immediately prior to the filing of the petition for adoption, willfully,
substantially and continuously neglected to provide him with necessary
care and protection;

(8) A parent whose rights to the child may be terminated for any of the
grounds set forth in section 211.447, RSMo, and whose rights have been
terminated after hearing and proof of such grounds as required by
sections 211.442 to 211.487, RSMo. Such petition for termination may be
filed as a count in an adoption petition. (RSMo 1939 §§ 9609, 9610, A.L.
1947 V. II p. 213, A.L. 1959 H.B. 438, A.L. 1982 H.B. 1171, et al., A.L.
1985 H.B. 366, et al., A.L. 1986 H.B. 1121, et al., A.L. 1997 H.B. 343,
A.L. 1998 H.B. 1918 merged with S.B. 674)

Prior revisions: 1929 §§ 14074, 14075; 1919 §§ 1096, 1097

(1951) Evidence held sufficient to support finding of unfitness of parent
to have custody of child. In re Wines' Adoption (A.), 239 S.W.2d 101.

(1953) Where juvenile court found six-week-old child neglected and took
custody from parents, contention in adoption proceedings begun over year
later, that neglect did not continue for year overruled. Hyman v. Stanley
(A.), 257 S.W.2d 388.

(1954) Where evidence was sufficient to show surviving parent was unfit
person to have child, her consent was not necessary to adoption. Perkins
v. Cowan (A.), 263 S.W.2d 740.

(1962) Evidence in proceedings by stepfather to adopt child supported
finding that conduct of father constituted such willful failure to
support and maintain child that his consent to adoption was not required.
In re Adoption of P.J.K. (A.), 359 S.W.2d 360.

(1962) Evidence failed to establish willful abandonment or neglect of
illegitimate child by mother who placed child with family when she was
ill and unable to care for child and offered to pay money for support of
child. In re Adoption of J.M.K. (A.), 363 S.W.2d 67.

(1964) Trial court reasonably found that the father did willfully neglect
to provide proper care and maintenance for his children for a year where
father was on an almost continuous series of drunks, drunks frequented
the home, and care of children was left mainly to older brother. In re
C., C., and C. (A.), 380 S.W.2d 510.

1. The juvenile court may, upon application, permit a parent to
waive the necessity of his consent to a future adoption of the child.
However, that approval cannot be granted until the child is at least two
days old.

2. The waiver of consent may be executed before or after the institution
of the adoption proceedings, and shall be acknowledged before a notary
public, or 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 whose addresses shall be plainly written thereon.

3. A waiver of consent shall be valid and effective even though the
parent waiving consent was under eighteen years of age at the time of the
execution thereof. (L. 1947 V. II p. 213 § 9609, A.L. 1959 H.B. 438, A.L.
1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al.)

(1955) Parent does not have arbitrary right to revoke consent to
adoption, but such revocation may be permitted for cause in sound
discretion of court. Adoption of McKinzie (A.), 275 S.W.2d 365.

(1956) Since consent is irrevocable without leave of court, it is
revocable with leave of court, so that a remedy is available to rectify
injudicious consent. In re Mayernik (Mo.), 292 S.W.2d 562.

1. A writ of summons and a copy of the petition shall be served
on:

(1) Any person, agency, organization or institution whose consent to the
adoption is required by law unless such consent is filed in court;

(2) Any person whose consent to the adoption, according to the allegation
of the petition for adoption, is not required for the reasons set forth
in subdivision (6) or (7) of section 453.040;

(3) Any person, agency, organization or institution, within or without
the state, having custody of the child sought to be adopted under a
decree of a court of competent jurisdiction even though its consent to
the adoption is not required by law;

(4) The legally appointed guardian of the child;

(5) Any person adjudicated by a court of this state or another state, a
territory of the United States or another country to be the father of the
child;

(6) Any person who has timely filed a notice of intent to claim paternity
of the child pursuant to section 192.016, RSMo, or an acknowledgment of
paternity pursuant to section 193.087, RSMo.

2. Except as provided in this section and section 453.014, it is not
necessary to serve any person, agency, organization or institution whose
consent is not required pursuant to the provisions of sections 453.030 to
453.050.

3. If service of summons cannot be made in the manner prescribed in
section 506.150, RSMo, then the service shall be made by mail or
publication as provided in section 506.160, RSMo.

4. Upon service, whether personal or constructive, the court may act upon
the petition without the consent of any party, except that of a parent
whose consent is required by sections 453.030 to 453.050, and the
judgment is binding on all parties so served. Any such party has the
right to appeal from the judgment in the manner and form provided by the
civil code of Missouri.

5. In all cases where the putative father is unknown, a search of the
Missouri putative father registry shall be conducted to determine if a
man has filed or been registered with the registry. If such a man is
discovered, service shall be carried out according to the provisions of
this section.

6. Upon request, the court may order that the writ of summons and copy of
the petition required by this section may be served without the names and
addresses of the petitioners when the court deems it to be in the best
interests of the child. (L. 1947 V. II p. 213 § 9610, A.L. 1959 H.B. 438,
A.L. 1961 p. 343, A.L. 1982 H.B. 1171, et al., A.L. 1983 H.B. 749 merged
with H.B. 713 Revision, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1121,
et al. merged with H.B. 1554 Revision, A.L. 1988 H.B. 1052, A.L. 1995
H.B. 232 & 485 merged with S.B. 174, A.L. 1997 H.B. 343, A.L. 1998 S.B.
674, A.L. 2004 H.B. 1453)

(1956) Where written consent of foster mother of child was filed but no
notice was given nonresident foster father, whose address was unknown,
the adoption was held valid in case determining right of descendant of
adopted child to inherit from collateral relative (case does not state
whether original foster parents had adopted child although this issue was
in case and court ruled second adoption was proper). Vreeland v. Vreeland
(Mo.), 296 S.W.2d 55.

Any man who has engaged in sexual intercourse with a woman is
deemed to be on notice that a child may be conceived and as a result is
entitled to notice of an adoption proceeding only as provided in this
chapter. (L. 2004 H.B. 1453)

As used in sections 453.065 to 453.074, the following words and
terms shall have the meanings indicated:

(1) "Child", a person within the state who is under the age of eighteen
or in the custody of the division of family services who is in need of
medical, dental, educational, mental or other related health services and
treatment, as defined in this section, or who belongs to a racial or
ethnic minority, who is five years of age or older, or who is a member of
a sibling group, and for whom an adoptive home is not readily available.
If the physical, dental or mental condition of the child requires care
after the age of eighteen, payment can be continued with the approval of
the division of family services of the department of social services and
subject to annual review;

(2) "Diminishing allotment", a monthly payment which periodically
diminishes over a period of not longer than four years at which time it
ceases;

(3) "Long term subsidy", a continuous monthly payment toward the child's
care for a period of more than four years;

(4) "Special services", an allotment to a child who is in need of
medical, dental, educational, mental health or other related health
services and treatment, including treatment for physical handicap,
intellectual impairment, developmental disability, mental or emotional
disturbance, social maladjustment;

(5) "Time limited subsidy", a monthly allotment which is continued for a
limited time after legal adoption, not exceeding four years. This
compensation is to aid the family in integrating the care of the new
child in their home. (L. 1973 H.B. 254 § 453.085 subsec. 1, A.L. 1982
H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343)

1. Except as provided in subsection 5 of this section, no decree
for the adoption of a child under eighteen years of age shall be entered
for the petitioner or petitioners in such adoption as ordered by the
juvenile court having jurisdiction, until a full investigation, which
includes an assessment of the adoptive parents, an appropriate
postplacement assessment and a summary of written reports as provided for
in section 453.026, and any other pertinent information relevant to
whether the child is suitable for adoption by the petitioner and whether
the petitioner is suitable as a parent for the child, has been made. The
report shall also include a statement to the effect that the child has
been considered as a potential subsidy recipient.

2. Such investigation shall be made, as directed by the court having
jurisdiction, either by the division of family services of the state
department of social services, a juvenile court officer, a licensed
child-placement agency, a social worker licensed pursuant to chapter 337,
RSMo, or other suitable person appointed by the court. The results of
such investigation shall be embodied in a written report that shall be
submitted to the court within ninety days of the request for the
investigation.

3. The department of social services, division of family services, shall
develop rules and regulations regarding the content of the assessment of
the petitioner or petitioners. The content of the assessment shall
include but not be limited to, a report on the condition of the
petitioner's home and information on the petitioner's education,
financial, marital, medical and psychological status and criminal
background check. If an assessment is conducted after August 28, 1997,
but prior to the promulgation of rules and regulations by the department
concerning the contents of such assessment, any discrepancy between the
contents of the actual assessment and the contents of the assessment
required by department rule shall not be used as the sole basis for
invalidating an adoption. No rule or portion of a rule promulgated
pursuant to the authority of this section shall become effective unless
it has been promulgated pursuant to the provisions of chapter 536, RSMo.

4. 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.

5. In cases where the adoption or custody involves a child under eighteen
years of age that is the natural child of one of the petitioners and
where all of the parents required by this chapter to give consent to the
adoption or transfer of custody have given such consent, the juvenile
court may waive the investigation and report, except the criminal
background check, and enter the decree for the adoption or order the
transfer of custody without such investigation and report.

6. In the case of an investigation and report made by the division of
family services 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.

7. Any adult person or persons over the age of eighteen, who, as foster
parent or parents, have cared for a foster child continuously for a
period of nine months or more and bonding has occurred as evidenced by
the positive emotional and physical interaction between the foster parent
and child, may apply to such authorized agency for the placement of such
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. (L. 1947 V. II p. 213 §
9612a, A.L. 1973 H.B. 254, A.L. 1976 H.B. 1278, A.L. 1985 H.B. 366, et
al., A.L. 1989 H.B. 51, A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918 merged
with S.B. 674, A.L. 1999 H.B. 472, A.L. 2001 S.B. 348)

(1955) Order transferring custody of child to petitioners before
investigation was made was void. Sherrill v. Bigler (A.), 276 S.W.2d 473.

Any subsidies available to adoptive parents pursuant to section
453.073 and section 453.074 shall also be available to a qualified
relative of a child who is granted legal guardianship of the child in the
same manner as such subsidies are available for adoptive parents,
including income restrictions as provided in subsection 4 of section
453.073. As used in this section "relative" means any grandparent, aunt,
uncle, adult sibling of the child or adult first cousin of the child. (L.
1999 S.B. 1, et al., A.L. 2001 S.B. 236, A.L. 2005 S.B. 539)

1. The children's division is authorized to grant a subsidy to a
child in one of the forms of allotment defined in section 453.065.
Determination of the amount of monetary need is to be made by the
division at the time of placement, if practicable, and in reference to
the needs of the child, including consideration of the physical and
mental condition, and age of the child in each case; provided, however,
that the subsidy amount shall not exceed the expenses of foster care and
medical care for foster children paid under the homeless, dependent and
neglected foster care program.

2. The subsidy shall be paid for children who have been in the care and
custody of the children's division under the homeless, dependent and
neglected foster care program. In the case of a child who has been in the
care and custody of a private child-caring or child-placing agency or in
the care and custody of the division of youth services or the department
of mental health, a subsidy shall be available from the children's
division subsidy program in the same manner and under the same
circumstances and conditions as provided for a child who has been in the
care and custody of the children's division.

3. Within thirty days after the authorization for the grant of a subsidy
by the children's division, a written agreement shall be entered into by
the division and the parents. The agreement shall set forth the following
terms and conditions:

(1) The type of allotment;

(2) The amount of assistance payments;

(3) The services to be provided;

(4) The time period for which the subsidy is granted shall not exceed one
year. The agreement can be renewed for subsequent years at the discretion
of the director. All existing agreements will have deemed to have expired
one year after they were initially entered into;

(5) The obligation of the parents to inform the division when they are no
longer providing support to the child or when events affect the subsidy
eligibility of the child;

(6) The eligibility of the child for Medicaid.

4. The subsidy shall only be granted to children who reside in a
household with an income that does not exceed two hundred percent of the
federal poverty level or are eligible for Title IV-E adoption assistance.
(L. 1973 H.B. 254 § 453.085 subsecs. 2, 3, 4, A.L. 1978 H.B. 1684, A.L.
1981 H.B. 37, A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al.,
A.L. 1997 H.B. 343, A.L. 2001 S.B. 48, A.L. 2005 S.B. 539)

1. The division of family services shall have the following
duties in the administration of the subsidy program:

(1) Notify all petitioners for adoption of the availability of subsidies
for a child;

(2) Provide all petitioners for adoption with the rules and eligibility
requirements for subsidies;

(3) Inform the parents of a child receiving a subsidy of reductions or
other modifications in the terms and conditions of the written agreement;

(4) Establish procedures for the resolution of disputes involving the
delay, denial, amount or type of subsidy;

(5) File an annual report to the legislature in the budget proposal on
the adoption subsidy program, including but not limited to, the number
and types of subsidies being paid, an accounting of state and federal
funds expended, and a projection of future monetary needs to maintain the
subsidy program;

(6) Comply with all federal laws relating to adoption subsidies in order
to maintain the eligibility of the state of Missouri for federal funds.

2. The provisions of this section shall not apply to the adoption of a
child by the spouse of a biological parent or an adoptive parent. (L.
1985 H.B. 366, et al.)

1. The court shall require the petitioner in any proceeding for
adoption to file at the time of filing the petition for permission to
adopt, a signed and verified full accounting of any money, anything of
value or other consideration paid or transferred by or on behalf of the
petitioner in connection with the placement or adoption. The accounting
shall show all payments or transfers made or to be made or consideration
given or promised by or on behalf of the petitioner in connection with
the placement or adoption, including:

(1) Hospital, medical and physician expenses incurred by the mother or a
child in connection with the birth and any illness of the newborn child;

(2) Counseling services for a parent or child for a reasonable time
before and after the child's placement for adoption;

(3) Expenses incurred in obtaining a preplacement assessment and an
assessment during the proceeding for adoption;

(4) Reasonable legal expenses of the birth parents and adoptive parents,
court costs and travel or other administrative expenses connected with an
adoption;

(5) Reasonable living expenses, including but not limited to food,
shelter, utilities, transportation or clothing expenses of the birth
parents and child which are within the norms of the community in which
the birth mother resides; and

(6) Any other services or items the court finds are reasonably necessary.

2. The court may decline to issue a decree of adoption and, in the event
one of the petitioners is not a biological or adoptive parent of the
child, may order the transfer of lawful custody from the petitioners to a
licensed child-placement agency if, after a hearing, it determines:

(1) That any of the payments, transfers or consideration were
unreasonable; or

(2) That any of the payments, transfers or consideration were other than
those permitted under section 568.175, RSMo; or

(3) That the petitioner has failed to report all of the payments,
transfers or consideration given by or on behalf of the petitioner in
connection with the placement or adoption. (L. 1985 H.B. 366, et al.,
A.L. 1989 H.B. 51, A.L. 1990 H.B. 1296, A.L. 1997 H.B. 343, A.L. 1998
H.B. 1918 merged with S.B. 674)

1. When a child has been placed with the petitioner for the
required six-month placement period, the person conducting the
preplacement assessment of the adoption or other persons authorized to
conduct assessments pursuant to section 453.070 shall provide the court
with a postplacement assessment. The specific content of which shall be
determined by rule by the department of social services, division of
family services. The postplacement assessment shall include an update of
the preplacement assessment which was submitted to the court pursuant to
section 453.070, and a report on the emotional, physical and
psychological status of the child. If an assessment is conducted after
August 28, 1997, but prior to the promulgation of rules and regulations
by the department concerning the contents of such assessment, any
discrepancy between the contents of the actual assessment and the
contents of the assessment required by department rule shall not be used
as the sole basis for invalidating an adoption.

2. No rule or portion of a rule promulgated pursuant to the authority of
this section shall become effective unless it has been promulgated
pursuant to the provisions of chapter 536, RSMo. (L. 1997 H.B. 343, A.L.
1998 H.B. 1918 merged with S.B. 674)

1. The court shall conduct a hearing to determine whether the
adoption shall be finalized. During such hearing, the court shall
ascertain whether:

(1) The person sought to be adopted, if a child, has been in the lawful
and actual custody of the petitioner for a period of at least six months
prior to entry of the adoption decree; except that the six-month period
may be waived if the person sought to be adopted is a child who is under
the prior and continuing jurisdiction of a court pursuant to chapter 211,
RSMo, and the person desiring to adopt the child is the child's current
foster parent. "Lawful and actual custody" shall include a transfer of
custody pursuant to the laws of this state, another state, a territory of
the United States, or another country;

(2) The court has received and reviewed a postplacement assessment on the
monthly contacts with the adoptive family pursuant to section 453.077,
except for good cause shown in the case of a child adopted from a foreign
country;

(3) The court has received and reviewed an updated financial affidavit;

(4) The court has received the recommendations of the guardian ad litem
and has received and reviewed the recommendations of the person placing
the child, the person making the assessment and the person making the
postplacement assessment;

(5) There is compliance with the uniform child custody jurisdiction act,
sections 452.440 to 452.550, RSMo;

(6) There is compliance with the Indian Child Welfare Act, if applicable;

(7) There is compliance with the Interstate Compact on the Placement of
Children pursuant to section 210.620, RSMo; and

(8) It is fit and proper that such adoption should be made.

2. If a petition for adoption has been filed pursuant to section 453.010
and a transfer of custody has occurred pursuant to section 453.110, the
court may authorize the filing for finalization in another state if the
adoptive parents are domiciled in that state.

3. If the court determines the adoption should be finalized, a decree
shall be issued setting forth the facts and ordering that from the date
of the decree the adoptee shall be for all legal intents and purposes the
child of the petitioner or petitioners. The court may decree that the
name of the person sought to be adopted be changed, according to the
prayer of the petition.

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. The court shall not have
jurisdiction to deny continuing contact between the adopted person 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. (RSMo 1939 §
9613, A.L. 1947 V. II p. 213, A.L. 1985 H.B. 366, et al., A.L. 1997 H.B.
343, A.L. 1998 H.B. 1918 merged with S.B. 674, A.L. 2001 S.B. 348)

Prior revisions: 1929 § 14078; 1919 § 1100

(1953) Validity of judgment of adoption is determined solely by this
section. Judgment held sufficient. Hyman v. Stanley (A.), 257 S.W.2d 388.

(1959) A prior order of court is not a prerequisite to lawful custody of
a child placed in a home for parental care if the right to supervise its
care and resume its custody is retained by its legal custodian. State ex
rel. Dorsey v. Kelly (Mo.), 327 S.W.2d 160.

1. When a child is adopted in accordance with the provisions of
this chapter, all legal relationships and all rights and duties between
such child and his natural parents (other than a natural parent who joins
in the petition for adoption as provided in section 453.010) shall cease
and determine. Such child shall thereafter be deemed and held to be for
every purpose the child of his parent or parents by adoption, as fully as
though born to him or them in lawful wedlock.

2. Such child shall be capable of inheriting from, and as the child of,
his parent or parents by adoption as fully as though born to him or them
in lawful wedlock and, if a minor, shall be entitled to proper support,
nurture and care from his parent or parents by adoption.

3. The parent or parents by adoption shall be capable of inheriting from
and as the parent or parents of their adopted child as fully as though
such child had been born to him or them in lawful wedlock, and, if such
child is a minor, shall be entitled to the services, wages, control and
custody of such adopted child.

4. The adopted child shall be capable of inheriting from and taking
through his parent or parents by adoption property limited expressly to
heirs of the body of such parent or parents by adoption.

5. The word "child" as used in this section, shall, unless the context
hereof otherwise requires, be construed to mean either a person under or
over the age of eighteen years. (RSMo 1939 § 9614, A.L. 1947 V. II p.
213, A.L. 1982 H.B. 1171, et al.)

Prior revisions: 1929 § 14079; 1919 § 1101

(1953) Children of daughter of testatrix who were adopted by other
persons held not entitled to inherit from grandparent through natural
mother and therefore could not be held pretermitted heirs. Miss. Valley
Trust Co. v. Palms, 360 Mo. 610, 229 S.W.2d 675, distinguished on ground
it involved construction of will and contrary statement held obiter. In
re Furnish's Will, 363 Mo. 932, 254 S.W.2d 645.

(1955) Will construed and words "descendants of a deceased child" of
testator held to include an adopted child of testator's deceased son.
Hayes v. St. Louis Union Trust Co. (Mo.), 280 S.W.2d 649.

(1956) Descendant of child who was adopted by mother of deceased after
her divorce from father of deceased held entitled to inherit from
deceased as nephew of half-blood. Vreeland v. Vreeland (Mo.), 296 S.W.2d
55.

(1958) Daughter adopted by testator's daughter in 1909 held to be
entitled to share in distribution of remainder of trust estate to "lineal
descendants" of testator under will executed in 1927 and where remainder
vested in 1955 and such ruling did not render acts passed subsequent to
testator's death and prior to vesting of remainder which qualified
adopted daughter as lineal descendant violative of §§ 10 and 13 of Art. I
of the Constitution. Commerce Trust Co. v. Weed (Mo.), 318 S.W.2d 289.

(1975) Where child was adopted by mother's second husband the child was
removed from the blood stream of his natural father was not entitled to
take under a trust instrument providing for "natural or adoptive
children" of the natural father. Commerce Trust Company v. Duden (A.),
523 S.W.2d 97.

(1977) Held, adoption does not prevent adopted child from being "heir of
the body" for the purpose of taking the fee on the death of his natural
parent who was a tenant in tail. See also dissent. Morris v. Ulbright
(Mo.), 558 S.W.2d 660.

After the entry of the decree of adoption, the clerk of the
court shall immediately send to the department of health and senior
services a certificate of the decree of adoption, which shall set forth
the original name, the new name, sex, date and place of birth of the
person adopted, the name of his natural parents, if known, the names of
the adopting parents, and any other pertinent facts set forth in the
decree of adoption on forms prescribed and furnished by the state
registrar pursuant to section 193.125, RSMo. (L. 1947 V. II p. 213 §
9614a, A.L. 1955 p. 517, A.L. 1959 H.B. 384, A.L. 1985 H.B. 366, et al.)

In the event that the juvenile court does not grant the
adoption, the court may order that a guardian be appointed under the
provisions of chapter 475, RSMo, to provide long-term care for the child.
The order appointing the guardian shall specify the powers and duties of
the guardian and the period of time the guardianship shall remain in
effect with mandatory review by the court as provided in chapter 475,
RSMo. (L. 1985 H.B. 366, et al.)

1. After an adoptive placement has been made, the division of
family services or other child-placing agency shall inform the adoptive
parents of postplacement services available to them and the child. Such
services may include, aiding the family in contacting adoptive family
support groups, providing family counseling, periodic visitation by the
agency and any other resources or services that would assist the family
and the child in adjusting to the adoption.

2. In the event that an adoptive placement or a final adoption is
disrupted resulting in the removal of the child from the home of the
adoptive parents, the division of family services or other child-placing
agency shall assist the parents and the child by providing or arranging
contact with support groups, counseling or any other service deemed
necessary to aid the family and the child in adjusting to the removal.
(L. 1985 H.B. 366, et al.)

1. 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 or charge of a minor child so transferred, without
first having filed a petition before the circuit court sitting as a
juvenile court of the county where the child may be, praying that such
surrender or transfer may be made, and having obtained such an order from
such court approving or ordering transfer of custody.

2. If any such surrender or transfer is made without first obtaining such
an order, such court shall, on petition of any public official or
interested person, agency, organization or institution, order an
investigation and report as described in section 453.070 to be completed
by the division of family services and shall make such order as to the
custody of such child in the best interest of such child.

3. Any person violating the terms of this section shall be guilty of a
class D felony.

4. The investigation required by subsection 2 of this section shall be
initiated by the division of family services within forty-eight hours of
the filing of the court order requesting the investigation and report and
shall be completed within thirty 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.

5. This 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.

6. 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:

(1) A family assessment has been made as required in section 453.070 and
has been reviewed by the court;

(2) A recommendation has been made by the guardian ad litem;

(3) A petition for transfer of custody for adoption has been properly
filed or an order terminating parental rights has been properly filed;

(4) The financial affidavit has been filed as required under section
453.075;

(5) The written report regarding the child who is the subject of the
petition containing the information has been submitted as required by
section 453.026;

(6) Compliance with the Indian Child Welfare Act, if applicable; and

(7) Compliance with the Interstate Compact on the Placement of Children
pursuant to section 210.620, RSMo.

7. A hearing on the transfer of custody for the purpose of adoption is
not required if:

(1) The conditions set forth in subsection 6 of this section are met;

(2) The parties agree and the court grants leave; and

(3) Parental rights have been terminated pursuant to section 211.444 or
211.447, RSMo. (RSMo 1939 § 9616, A.L. 1947 V. II p. 213, A.L. 1989 H.B.
51, A.L. 1997 H.B. 343, A.L. 2004 H.B. 1453)

Prior revisions: 1929 § 14081; 1919 § 1103

CROSS REFERENCE: Parental transfer of custody by power of attorney,
limitation one year, exception, RSMo 475.024

(1951) In adoption proceeding mother could not be awarded custody of her
child where she had previously been deprived of such custody by divorce
decree. In re Wines' Adoption (A.), 239 S.W.2d 101.

(1955) Lawful custody of minor child must be awarded by an appropriate
court and it must appear that petitioners have had actual custody at
least nine months before a decree of adoption can be granted. Thus, where
petitioners had actual custody without court order, court could make
order as to custody and hold petition for adoption in abeyance for nine
months. In re Davis' Adoption (A.), 285 S.W.2d 35.

(1959) Where charitable organization placed child in home for adoption,
but reserved the right to supervise its care and to resume its custody,
the transfer of the actual custody was lawful so as to authorize its
adoption. State ex rel. Dorsey v. Delly (Mo.), 327 S.W.2d 160.

(1960) In proceeding for adoption of child, the denial of an application
for transfer of custody filed therein was not a final judgment from which
an appeal would lie. In re Smith (A.), 331 S.W.2d 169.

(1960) Where a physician arranged the transfer of the custody of a child
from an unwed mother to other parties the court, in its discretion, had
power to transfer the custody of the child to the Child Welfare Services
of the state. In re Smith (A.), 339 S.W.2d 490.

(1961) This section does not limit jurisdiction of juvenile court in
connection with transfers of custody but merely prohibits voluntary
transfers of custody without obtaining court approval. State ex rel.
M.L.H. v. Carroll (A.), 343 S.W.2d 622.

(1961) Where action to transfer custody of minor child was filed by
persons then having actual custody, court had full jurisdiction to
inquire into the facts and make such orders as may be for the child's
best interest. Consequently a dismissal because of violation of this
section was erroneous. In re Adoption of Knight (A.), 347 S.W.2d 239.

(1962) Evidence did not warrant finding that mother voluntarily and
intentionally relinquished custody of her illegitimate child to
petitioners in adoption proceedings with the intent to never again claim
the rights of a parent or perform duties of a parent and therefore did
not lawfully transfer permanent custody to petitioners. In re Adoption of
J.M.K. (A.), 363 S.W.2d 67.

1. The files and records of the court in adoption proceedings
shall not be open to inspection or copy by any person or persons, except
upon an order of the court expressly permitting the same issued in
accordance with the provisions of section 453.121.

2. Any person who permits such inspection or copy without an order of the
court as provided in this section shall be guilty of a class C
misdemeanor. (L. 1941 p. 319 § 9611B, A.L. 1947 V. II p. 213 § 9611, A.L.
1986 H.B. 920)

(1978) Statute limiting the right of adopted child to see adoption files
did not unconstitutionally infringe on first amendment right to receive
information, right to liberty or privacy, or equal protection.
Application of Maples (Mo.), 563 S.W.2d 760.

1. As used in this section, unless the context clearly indicates
otherwise, the following terms mean:

(1) "Adopted adult", any adopted person who is eighteen years of age or
over;

(2) "Adopted child", any adopted person who is less than eighteen years
of age;

(3) "Adult sibling", any brother or sister of the whole or half blood who
is eighteen years of age or over;

(4) "Identifying information", information which includes the name, date
of birth, place of birth and last known address of the biological parent;

(5) "Nonidentifying information", information concerning the physical
description, nationality, religious background and medical history of the
biological parent or sibling.

2. All papers, records, and information pertaining to an adoption whether
part of any permanent record or file may be disclosed only in accordance
with this section.

3. Nonidentifying information, if known, concerning undisclosed
biological parents or siblings shall be furnished by the child-placing
agency or the juvenile court to the adoptive parents, legal guardians or
adopted adult upon written request therefor.

4. An adopted adult may make a written request to the circuit court
having original jurisdiction of such adoption to secure and disclose
information identifying the adopted adult's biological parents. If the
biological parents have consented to the release of identifying
information under subsection 11 of this section, the court shall disclose
such identifying information to the adopted adult. If the biological
parents have not consented to the release of identifying information
under subsection 11 of this section, the court shall, within ten days of
receipt of the request, notify in writing the adoptive parents of such
petitioner and the child-placing agency or juvenile court personnel
having access to the information requested of the request by the adopted
adult.

5. Within three months after receiving notice of the request of the
adopted adult, the child-placing agency or juvenile court personnel shall
notify the adoptive parents, if such adoptive parents are living and
shall not make any attempt to notify the biological parents without prior
written consent of such adoptive parents for adoptions instituted or
completed prior to August 13, 1986, but may proceed if there is proof
that the adoptive parents are deceased or incapacitated, as such term is
defined in chapter 475, RSMo. If the adoptive parents are living but are
unwilling to give such written consent, the child-placing agency or the
juvenile court personnel shall make a written report to the court stating
that they were unable to notify the biological parent. If the adoptive
parents are deceased or give written consent, the child-placing agency or
the juvenile court personnel shall make reasonable efforts to notify the
biological parents of the request of the adopted adult. The child-placing
agency or juvenile court personnel may charge actual costs to the adopted
adult for the cost of making such search. All communications under this
subsection are confidential. For purposes of this subsection, "notify"
means a personal and confidential contact with the biological parent of
the adopted adult, which initial contact shall not be made by mail and
shall be made by an employee of the child-placing agency which processed
the adoption, juvenile court personnel or some other licensed
child-placing agency designated by the child-placing agency or juvenile
court. Nothing in this section shall be construed to permit the
disclosure of communications privileged pursuant to section 491.060,
RSMo. At the end of three months, the child-placing agency or juvenile
court personnel shall file a report with the court stating that each
biological parent that was located was given the following information:

(1) The nature of the identifying information to which the agency has
access;

(2) The nature of any nonidentifying information requested;

(3) The date of the request of the adopted adult;

(4) The right of the biological parent to file an affidavit with the
court stating that the identifying information should be disclosed;

(5) The effect of a failure of the biological parent to file an affidavit
stating that the identifying information should be disclosed.

6. If the child-placing agency or juvenile court personnel reports to the
court that it has been unable to notify the biological parent within
three months, the identifying information shall not be disclosed to the
adopted adult. Additional requests for the same or substantially the same
information may not be made to the court within one year from the end of
the three-month period during which the attempted notification was made,
unless good cause is shown and leave of court is granted.

7. If, within three months, the child-placing agency or juvenile court
personnel reports to the court that it has notified the biological parent
pursuant to subsection 5 of this section, the court shall receive the
identifying information from the child-placing agency. If an affidavit
duly executed by a biological parent authorizing the release of
information is filed with the court, the court shall disclose the
identifying information as to that biological parent to the adopted
adult, provided that the other biological parent either:

(1) Is unknown;

(2) Is known but cannot be found and notified pursuant to section 5 of
this act;

(3) Is deceased; or

(4) Has filed with the court an affidavit authorizing release of
identifying information. If the biological parent fails or refuses to
file an affidavit with the court authorizing the release of identifying
information, then the identifying information shall not be released to
the adopted adult. No additional request for the same or substantially
the same information may be made within three years of the time the
biological parent fails or refuses to file an affidavit authorizing the
release of identifying information.

8. If the biological parent is deceased but previously had filed an
affidavit with the court stating that identifying information shall be
disclosed, the information shall be forwarded to and released by the
court to the adopted adult. If the biological parent is deceased and, at
any time prior to his death, the biological parent did not file an
affidavit with the court stating that the identifying information shall
be disclosed, the adopted adult may petition the court for an order
releasing the identifying information. The court shall grant the petition
upon a finding that disclosure of the information is necessary for
health-related purposes.

9. Any adopted adult whose adoption was finalized in this state or whose
biological parents had their parental rights terminated in this state may
request the court to secure and disclose identifying information
concerning an adult sibling and upon a finding by the court that such
information is necessary for urgent health-related purposes in the same
manner as provided in this section. 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.

10. The central office of the children's division within the department
of social services shall maintain a registry by which biological parents,
adult siblings, and adoptive adults may indicate their desire to be
contacted by each other. The division may request such identification for
the registry as a party may possess to assure positive identifications.
At the time of registry, a biological parent or adult sibling may consent
in writing to the release of identifying information to an adopted adult.
If such a consent has not been executed and the division believes that a
match has occurred on the registry between biological parents or adult
siblings and an adopted adult, an employee of the division shall make the
confidential contact provided in subsection 5 of this section with the
biological parents or adult siblings and with the adopted adult. If the
division believes that a match has occurred on the registry between one
biological parent or adult sibling and an adopted adult, an employee of
the division shall make the confidential contact provided by subsection 5
of this section with the biological parent or adult sibling. The division
shall then attempt to make such confidential contact with the other
biological parent, and shall proceed thereafter to make such confidential
contact with the adopted adult only if the division determines that the
other biological parent meets one of the conditions specified in
subsection 7 of this section. The biological parent, adult sibling, or
adopted adult may refuse to go forward with any further contact between
the parties when contacted by the division.

11. The provisions of this section, except as provided in subsection 5 of
this section governing the release of identifying and nonidentifying
adoptive information apply to adoptions completed before and after August
13, 1986. (L. 1986 H.B. 920 § 1, A.L. 2005 S.B. 21)

After the expiration of one year from the date of entry of the
decree of adoption, the validity thereof shall not be subject to attack
in any proceedings, collateral or direct, by reason of any irregularity
in proceedings had pursuant to this chapter. (L. 1947 V. II p. 213 §
9616c)

Any person adopted by deed of adoption or agreement of adoption
in writing prior to 1917 and wherein said instrument was filed for record
prior to July 1, 1917, shall hereafter be deemed and held to be for every
purpose the child of its parent or parents 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. (L. 1943 p. 353 § 9616a)

(1952) Where deed of adoption, executed in 1912, was filed for record
April 23, 1918, this section has no application, and blood relatives of
adopted child, rather than relatives of adoptive parents, inherit from
such child notwithstanding child inherited property from adoptive
parents. Rumans v. Lighthizer, 363 Mo. 125, 249 S.W.2d 397.

(1958) Daughter adopted by testator's daughter in 1909 held to be
entitled to share in distribution of remainder of trust estate to "lineal
descendants" of testator under will executed in 1927 and where remainder
vested in 1955 and such ruling did not render acts passed subsequent to
testator's death and prior to vesting of remainder which qualified
adopted daughter as lineal descendant violative of §§ 10 and 13 of Art. I
of the Constitution. Commerce Trust Co. v. Weed (Mo.), 318 S.W.2d 289.

The director of the department of social services shall develop
and implement a program to work through local churches to find adoptive
placements for minority and hard to place children. The program shall be
known as "Missouri, One Church-One Child" program. (L. 1989 H.B. 51 § 1)

1. After the expiration of one year from the date this chapter
shall become effective, the validity of any decree of adoption pursuant
to any prior law shall not be subject to attack in any proceedings,
collateral or direct, by reason of any irregularity in proceedings had
pursuant to such prior law.

2. Any consent required for an adoption may only be revoked within one
year of the date of such consent for fraud or duress. (L. 1947 V. II p.
213 § 9616d, A.L. 1998 S.B. 674)

1. When an adoption occurs pursuant to the laws of other states
of the United States, Missouri shall, from the date of adoption hold the
adopted person to be for every purpose the lawful child of its parent or
parents by adoption as fully as though born to them in lawful wedlock,
and such adoption shall have the same force and effect as adoption
pursuant to the provisions of this chapter, including all inheritance
rights.

2. When an adoption occurs in a foreign country and the adopted child has
migrated to the United States with the permission of the United States
Department of Justice and the United States Department of Immigration and
Naturalization Services, this state shall recognize the adoption. The
department of health and senior services, upon receipt of proof of
adoption as required in subsection 7 of section 193.125, RSMo, shall
issue a birth certificate for the adopted child upon request on forms
prescribed and furnished by the state registrar pursuant to section
193.125, RSMo.

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 United States Department of Justice and the
United States Department of Immigration and Naturalization Services which
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. (L. 1945 p. 625 § 9616b, A.L. 1981 H.B. 433, A.L. 1997
H.B. 343, A.L. 1998 H.B. 1918 merged with S.B. 674, A.L. 2001 S.B. 236)

The court may make an order of protection as a condition of any
order made under this section. The order of protection may set forth
reasonable conditions of behavior by a person or agency who is before the
court, and the order may require any such person or agency to make
periodic reports to the court containing such information as the court
may prescribe. (L. 1973 H.B. 255 § 4, A.L. 1974 S.B. 576)

As used in this section and section 453.325, the following terms
shall mean:

(1) "Division", the division of family services in the department of
social services;

(2) "Maintenance of effort", state funds appropriated for the aid to
families with dependent children (AFDC), emergency assistance,
AFDC-related child care and the JOBS program;

(3) "Temporary assistance for needy families", the federal block grant
moneys available to the state for public assistance benefits and programs
authorized by the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996, and commonly known as "TANF". (L. 2001 S.B.
236 § 453.320)

1. The division of family services in the department of social
services shall, subject to appropriations, establish the "Grandparents as
Foster Parents Program". The grandparents as foster parents program
recognizes that:

(1) Raising a grandchild differs from when the grandparents raised their
own children;

(2) Caring for a grandchild often places additional financial, social and
psychological strain on grandparents with fixed incomes;

(3) Different parenting skills are necessary when raising a grandchild
and many grandparents do not possess such skills, are not aware of how to
obtain such skills and cannot afford access to the services necessary to
obtain such skills;

(4) Grandparents, like nonrelative foster parents, need a support
structure, including counseling for the grandchild and caretaker, respite
care and transportation assistance and child care;

(5) The level of care provided by grandparents does not differ from
nonrelative foster care, but reimbursement for such care is substantially
less for grandparents; and

(6) Grandparents are often unaware of the cash assistance alternatives to
the federal TANF block grant funds which are available to support the
grandchildren placed in their care.

2. A grandparent shall be eligible to participate in the grandparents as
foster parents program if such grandparent:

(1) Is fifty years of age or older;

(2) Is the legal guardian of a grandchild placed in such grandparent's
custody;

(3) Has an annual household income of less than two hundred percent of
the federal poverty level; and

(4) Participates in the training available through the division pursuant
to subsection 4 of this section.

The division shall annually review the eligibility of grandparents
participating in the program.

3. If there are no grandparents of a child who are willing to participate
in the grandparents as foster parents program, the division may include
in the program any other close relative who becomes the legal guardian of
the child or obtains legal custody of the child, as granted by a court of
competent jurisdiction if such relative also meets the requirements of
subdivisions (1), (3) and (4) of subsection 2 of this section.

4. Subject to appropriations, the grandparents as foster parents program:

(1) Shall provide reimbursement up to seventy-five percent of the current
foster care payment schedule to eligible grandparents, as defined in
subsection 2 of this section, for the care of a grandchild;

(2) Shall establish program requirements, including, but not limited to,
participation in foster parent training, parenting skills training,
childhood immunizations and other similar health screens;

(3) Shall provide continuing counseling for the child and grandparent;

(4) May provide support services, including, but not limited to, respite
care, child care and transportation assistance. Eligibility for
child-care services pursuant to this program shall be based on the same
eligibility criteria used for other child-care benefits provided by the
division of family services;

(5) Shall provide Medicaid services to such child;

(6) May provide ancillary services, such as child care, respite care,
transportation assistance and clothing allowances, but not direct
financial payments to the participants in the program after such
participants complete the training required in subdivision (2) of this
subsection; and

(7) Shall establish criteria for the reduction in cash benefits received
by any grandparent providing care for three or more grandchildren
pursuant to the grandparents as foster parents program.

5. Funding for cash benefits and other assistance provided to eligible
grandparents shall be made from the state maintenance of effort funds.
The provisions of this section shall not be construed to create an
entitlement for participants in the program.

6. Grandparents who are either under fifty years of age, or are fifty
years of age or older and refuse to participate in the training pursuant
to subsection 2 of this section but who meet the requirements of
subdivisions (1), (2) and (3) of subsection 2 of this section, may apply
to the division for foster care reimbursement and assistance. Such cash
and noncash assistance shall be funded through the TANF funds. Any work
participation and time limit requirements pursuant to the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996, as
amended, shall apply to all such persons. (L. 2001 S.B. 236)

1. A stepparent shall support his or her stepchild to the same
extent that a natural or adoptive parent is required to support his or
her child so long as the stepchild is living in the same home as the
stepparent. However, nothing in this section shall be construed as
abrogating or in any way diminishing the duty a parent otherwise would
have to provide child support, and no court shall consider the income of
a stepparent, or the amount actually provided for a stepchild by a
stepparent, in determining the amount of child support to be paid by a
natural or adoptive parent.

2. A natural or adoptive parent shall be liable to a stepparent for the
sum of money expended by a stepparent for the support of a stepchild when
that sum of money was expended because of the neglect or refusal of* the
natural or adoptive parent to pay any part of or all of the court-ordered
amount of support.

3. This section shall not abrogate or diminish the common law right which
a stepparent may possess to recover from a natural or adoptive parent the
expense of providing necessaries for a stepchild in the absence of a
court order for child support determining the amount of support to be
paid by a natural or adoptive parent.

4. This section shall not be construed as granting to a stepparent any
right to the care and custody of a stepchild or as granting a stepchild
any right to inherit from a stepparent under the general statutory laws
governing descent and distribution.

5. This section shall apply without regard to whether public assistance
is being provided on behalf of the stepchild or stepchildren in question.

6. This section shall be construed to apply only to support obligations
incurred on or after July 1, 1977, notwithstanding that a marriage giving
rise to the support obligation occurred prior to July 1, 1977.

7. With respect to section 208.040, RSMo, this section shall not be
construed to render a child ineligible for public assistance on the basis
of the child's not being deprived of parental support, but it shall be
construed to permit the inclusion of the income of a stepparent in the
determination of eligibility for benefits and in the determination of the
amount of the assistance payment.

8. In the determination of eligibility for benefits and in the
determination of the amount of the assistance payment under section
208.150, RSMo, that portion of the stepparent's income, as defined by the
division of family services in the administration of aid to families with
dependent children, shall be considered. (L. 1977 H.B. 601 § 3, A.L. 1982
H.B. 1462)

Effective 2-16-82

*Word "or" appears in original rolls.

The "Interstate Adoption Assistance Compact" is hereby enacted
into law authorizing the department of social services to enter into
interstate agreements with agencies of other states for the protection of
children on behalf of whom adoption assistance is being provided by the
state of Missouri.

Article I

(a) The Legislature finds that:

1. Finding adoptive families for children for whom state assistance is
desirable, pursuant to the state adoption subsidy programs, and assuring
the protection of the interests of the children affected during the
entire assistance period, require special measures when the adoptive
parents move to other states or are residents of another state; and

2. Provision of medical and other necessary services for children with
state assistance encounters special difficulties when the provision of
services takes place in other states.

(b) The purposes of this section are:

1. Authorize the department of social services to enter into interstate
agreements with agencies of other states for the protection of children
on behalf of whom adoption assistance is being provided by the
department; and

2. Provide procedures for interstate children's adoption assistance
payments, including medical payments.

Article II

1. The department of social services may develop, participate in the
development of, negotiate and enter into one or more interstate compacts
on behalf of this state with other states to implement one or more of the
purposes set forth in this chapter. When so entered into, and for so long
as it shall remain in force, such a compact shall have the force and
effect of law.

2. As used in this section, unless the context clearly indicates
otherwise, the following terms have the following meanings.

A. "Adoption assistance state" means the state that is signatory to an
adoption assistance agreement in a particular case.

B. "State" means a state of the United States, the District of Columbia,
the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
Commonwealth of the Northern Mariana Islands or a territory or possession
of or administered by the United States.

C. "Residence state" means the state of which the child is a resident by
virtue of the residence of the adoptive parents.

Article III

1. A compact entered into pursuant to the authority conferred by this
section shall have the following content:

A. A provision making it available for joinder by all states;

B. A provision or provisions for withdrawal from the compact upon written
notice to the parties, but with a period of one year between the date of
the notice and the effective date of the withdrawal;

C. A requirement that the protection afforded by or pursuant to the
compact continue in force for the duration of the adoption assistance and
be applicable to all children and their adoptive parents who, on the
effective date of the withdrawal, are receiving adoption assistance from
a party state other than the one in which they are resident and have
their principal place of abode;

D. A requirement that each instance of adoption assistance to which the
compact applies be covered by an adoption assistance agreement in writing
between the adoptive parents and the state child welfare agency of the
state which undertakes to provide the adoption assistance and that any
such agreement be expressly for the benefit of the adopted child and
enforceable by the adoptive parents and the state agency providing the
adoption assistance; and

E. Such other provisions as may be appropriate to implement the proper
administration of the compact.

Article IV

1. A compact entered into pursuant to the authority conferred by this
section may contain provisions in addition to those required pursuant to
Article III as follows:

A. Provisions establishing procedures and entitlements to medical,
developmental, child care or other social services for the child in
accordance with applicable laws, even though the child and the adoptive
parents are in a state other than the one responsible for or providing
the services or the funds to defray part or all of the costs thereof; and

B. Such other provisions as may be appropriate or incidental to the
proper administration of the compact.

Article V

1. A child resident in this state who is the subject of an adoption
assistance agreement with another state shall be entitled to receive a
medical assistance identification from this state, upon the filing in the
department of a certified copy of the adoption assistance agreement
obtained from the adoption assistance state. In accordance with
regulations of the department of social services, the adoptive parents
shall be required at least annually to show that the agreement is still
in force or has been renewed.

2. The department of social services shall consider the holder of a
medical assistance identification pursuant to this Article as any other
holder of a medical assistance identification under the laws of this
state and shall process and make payment on claims on account of that
holder in the same manner and pursuant to the same conditions and
procedures as for other recipients of medical assistance.

3. The department of social services shall provide coverage and benefits
for a child who is in another state and who is covered by an adoption
assistance agreement made by the department of social services for the
coverage or benefits, if any, not provided by the residence state. The
adoptive parents acting for the child may submit evidence of payment for
services or benefit amounts not payable in the residence state and shall
be reimbursed. There shall be no reimbursement for services or benefit
amounts covered under any insurance or other third-party medical contract
or arrangement held by the child or the adoptive parents. The department
of social services shall make rules implementing this subsection. The
additional coverage and benefit amounts provided pursuant to this
subsection shall be for services to the cost of which there is no federal
contribution, or which, if federally aided, are not provided by the
residence state. Among other things, the regulations shall include
procedures to be followed in obtaining prior approvals for services in
those instances where required for the assistance.

4. The submission of any claim for payment or reimbursement for services
or benefits, pursuant to this Article or the making of any statement in
connection therewith, which claim or statement the maker knows or should
know to be false, misleading or fraudulent shall be punishable as perjury
and subject to the provisions of the Missouri Criminal Code and other
applicable laws.

5. The provisions of this section shall apply only to medical assistance
for children under adoption assistance agreements from states that have
entered into a compact with this state under which the other state
provides medical assistance to children under adoption assistance
agreements made by this state. All other children entitled to medical
assistance, pursuant to adoption assistance agreements entered into by
this state, shall be eligible to receive it in accordance with the laws
and procedures applicable thereto.

Article VI

Consistent with federal law, the department of social services in
connection with the administration of this Article and any compact
pursuant to this section, shall include in any state plan made pursuant
to the Adoption Assistance and Child Welfare Act of 1980, Public Law
96-272, Titles IV-E and XIX of the United States Social Security Act, and
any other applicable federal laws, the provision of adoption assistance
and medical assistance for which the federal government pays some or all
of the cost. The department of social services shall apply for and
administer all relevant federal aid, in accordance with law. (L. 1985
H.B. 366, et al. § 2)

The state of Missouri shall reserve the right to withdraw from
the interstate assistance compact by a law requiring such withdrawal. (L.
1985 H.B. 366, et al. § 3)

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