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MISSOURI Missouri Revised Statutes Chapter 453, 453.005 to453.503 (1995) Who Can Adopt? Any person can adopt. If the person is married the spouse may choose to joinin the petition to adopt. If the spouse elects not to join the court may ordersuch joinder, or reject the petition. Who Can Be Adopted? Any person may be adopted. Consent to Adoption The following persons must give written consent to the adoption: (1) the biological parents, even if they are minors; (2) the court; and (3) the adoptee, if 14 years of age or older, unless the court finds theadoptee lacks mental capacity. (4) If the adoptee is 18 years of age, only the adoptee's consent isrequired. The following persons are not required to give consent: (1) a parent whose parental rights have been terminated; (2) a parent who has waived consent; (3) a parent whose identity is unknown and cannot be ascertained; (4) a parent whose mental condition disables the parent from providing thechild with care; or (5) a parent who has for a period of at least 6 months, for a child 1 year ofage or older, or at least 60 days for a child under 1 year of age, willfullyabandoned the child, or willfully, substantially, and continuously neglected toprovide the child with care and protection. Written consent may be given either before or after the adoption proceedings,but the adoption will only be permitted when the adoptee is at least 2 daysold. Confidentiality The files and records in adoption proceedings shall not be opened, except upona court order. Nonidentifying information regarding the biological family shall be disclosedto the adoptive parents, or adult adoptee upon written request. The adultadoptee may request identifying information regarding his biological parents.The adoptive parents must give their consent before agency or court can attemptto contact the biological parents. If the adoptive parents are deceased orgive their consent, the agency or court shall make reasonable efforts to notifythe biological parents of the request. If, after 3 months, the biologicalparents cannot be found, the information cannot be disclosed. If thebiological parent refuses to consent to the release of information, then itshall not be disclosed. If the biological parent is deceased the informationmay be disclosed, if the parent filed an affidavit prior to his deathconsenting to such disclosure. If such consent was not given, the informationwill only be released if it is necessary for health-related purposes. The Division of Family Services of the Department of Social Services shallmaintain a registry where biological parents and adult adoptees can indicatetheir desires to contact each other. Information can only be released whenboth parties desire to contact the other party. Permissible Fees The court requires that an adoptive parent submit all statements of paymentmade in connection with the adoption. The statement shall include doctor andhospital expenses, court costs, and agency and attorney fees. The court mayrefuse to allow the adoption if it finds that any payments were unreasonable,or that the adoptive parent did not report all payments made in connection withthe adoption. Place of Adoption Hearing The hearing may take place in the court in the county where the adoptiveparent or adoptee lives. Authority To Place Child The following persons are authorized to place the child for adoption: (1) the Division of Family Services of the Department of Social Services; (2) a child-placing agency licensed to place a child; (3) the child's parents, without any assistance of an intermediary, in thehome of a relative of the child; and (4) an intermediary, which includes an attorney, a physician, or a clergymanof the parents. Relative Adoption The court may waive the preadoption investigation and report when one of theparties seeking to adopt is a stepparent and the other is the natural parent.The biological parents may place a child for adoption with relatives withoutthe assistance of a child-placing agency or other intermediary. |
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Not available in electronic form at this time for this state, sorry. |
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The Missouri Bar |
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