453.030. Approval of court required--how obtained, consent of child and parent required, when--validity of consent--withdrawal of consent--forms, developed by department, contents--court appointment o
Approval of court required--how obtained, consent of child and parentrequired, when--validity of consent--withdrawal ofconsent--forms, developed by department, contents--courtappointment of attorney, when.
453.030. 1. In all cases the approval of the court of the adoptionshall be required and such approval shall be given or withheld as thewelfare of the person sought to be adopted may, in the opinion of thecourt, demand.
2. The written consent of the person to be adopted shall be requiredin all cases where the person sought to be adopted is fourteen years of ageor older, except where the court finds that such child has not sufficientmental capacity to give the same. In a case involving a child underfourteen years of age, the guardian ad litem shall ascertain the child'swishes and feelings about his or her adoption by conducting an interview orinterviews with the child, if appropriate based on the child's age andmaturity level, which shall be considered by the court as a factor indetermining if the adoption is in the child's best interests.
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 inand 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 ofcompetent jurisdiction no later than fifteen days after the birth of thechild and has served a copy of the petition on the mother in accordancewith section 506.100, RSMo; or
(c) Filed with the putative father registry pursuant to section192.016, RSMo, a notice of intent to claim paternity or an acknowledgmentof paternity either prior to or within fifteen days after the child'sbirth, and has filed an action to establish his paternity in a court ofcompetent jurisdiction no later than fifteen days after the birth of thechild; or
(3) The child's current adoptive parents or other legally recognizedmother 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 consentshave been filed with the court.
4. The written consent required in subdivisions (2) and (3) ofsubsection 3 of this section may be executed before or after thecommencement of the adoption proceedings, and shall be acknowledged beforea notary public. In lieu of such acknowledgment, the signature of theperson giving such written consent shall be witnessed by the signatures ofat least two adult persons whose signatures and addresses shall be plainlywritten thereon. The two adult witnesses shall not be the prospectiveadoptive parents or any attorney representing a party to the adoptionproceeding. The notary public or witnesses shall verify the identity ofthe party signing the consent.
5. The written consent required in subdivision (1) of subsection 3 ofthis section by the birth parent shall not be executed anytime before thechild is forty-eight hours old. Such written consent shall be executed infront of a judge or a notary public. In lieu of such acknowledgment, thesignature of the person giving such written consent shall be witnessed bythe signatures of at least two adult persons who are present at theexecution whose signatures and addresses shall be plainly written thereonand who determine and certify that the consent is knowingly and freelygiven. The two adult witnesses shall not be the prospective adoptiveparents or any attorney representing a party to the adoption proceeding.The notary public or witnesses shall verify the identity of the partysigning the consent.
6. The written consents shall be reviewed and, if found to be incompliance with this section, approved by the court within three businessdays of such consents being presented to the court. Upon review, in lieuof approving the consent within three business days, the court may set adate for a prompt evidentiary hearing upon notice to the parties. Failureto review and approve the written consent within three business days shallnot void the consent, but a party may seek a writ of mandamus from theappropriate court, unless an evidentiary hearing has been set by the courtpursuant to this subsection.
7. The written consent required in subsection 3 of this section maybe withdrawn anytime until it has been reviewed and accepted by a judge.
8. A consent form shall be developed through rules and regulationspromulgated by the department of social services. No rule or portion of arule promulgated under the authority of this section shall become effectiveunless it has been promulgated pursuant to the provisions of chapter 536,RSMo. If a written consent is obtained after August 28, 1997, but prior tothe development of a consent form by the department and the written consentcomplies with the provisions of subsection 9 of this section, such writtenconsent shall be deemed valid.
9. However, the consent form must specify that:
(1) The birth parent understands the importance of identifying allpossible fathers of the child and may provide the names of all suchpersons; and
(2) The birth parent understands that if he denies paternity, butconsents to the adoption, he waives any future interest in the child.
10. The written consent to adoption required by subsection 3 andexecuted through procedures set forth in subsection 5 of this section shallbe valid and effective even though the parent consenting was under eighteenyears of age, if such parent was represented by a guardian ad litem, at thetime of the execution thereof.
11. Where the person sought to be adopted is eighteen years of age orolder, his written consent alone to his adoption shall be sufficient.
12. A birth parent, including a birth parent less than eighteen yearsof age, shall have the right to legal representation and payment of anyreasonable legal fees incurred throughout the adoption process. Inaddition, 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 birthparent 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 adoptiveparents are unable to pay reasonable attorney fees and appoints pro bonocounsel for the birth parents, the court shall order the costs of theattorney fees incurred pursuant to subsection 12 of this section to be paidby 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, A.L. 2009 H.B. 154)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.