Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws Missouri may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Missouri child adoption law including such topics as adoption facilitators, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment
or Surrender).
Use of Facilitators in Adoptive Placements
Use of Intermediaries/Facilitators
Citation: Ann. Stat. § 568.175
A person, agency, or other organization commits the crime of trafficking in children if he or it offers, gives, receives, or solicits any money, consideration, or other thing of value for the delivery
or offer of a child for adoption, or for the execution of a consent to future adoption.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 453.075(1)
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 having any needed assessments made
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
Any other services or items the court finds reasonably necessary
Birth Parent Expenses Not Allowed
Citation: § 453.075(2)
Payments that the court finds unreasonable
Any payment not permitted by law
Allowable Payments for Arranging Adoption
Citation: § 568.175
It is a felony 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: § 568.175
It is a felony 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.
Accounting of Expenses Required by Court
Citation: § 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.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. § 453.030
The written consent of the following persons shall be required:
The mother
Only the man who is presumed to be the father, if he 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
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 453.030
A child who is age 14 or older must consent to the adoption, except where the court finds that the child lacks sufficient mental capacity.
When Parental Consent is not Needed
Citation: Rev. Stat. § 453.040
The 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. § 453.030
The written consent of the birth mother shall not be executed anytime before the child is 48 hours old.
Revocation of Consent
Citation: Rev. Stat. § 453.030
Written consent may be withdrawn anytime until it has been reviewed and accepted by a judge.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: §§ 453.030; 192.016
The putative father may file prior to the child's birth, or within 15 days after the child's birth, a notice of intent to claim paternity or an acknowledgment of paternity form.
Registration requires a completed Department of Health form.
Please visit adoption law in Missouri for more details. |