Missouri Adoption Laws
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed November 04, 2024
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Missouri adoption laws protect the legal rights of the birth parents, the adoptive parents, and the adopted child. The adoption process in Missouri is similar to that of other states. Adoptive parents must undergo a home study, a background check, and other screenings. The biological parents must surrender their parental rights.
Any adult over 21 may become an adoptive parent. Families considering adoption can go through a private adoption agency or the Missouri Department of Social Services Children’s Division. This article provides a brief overview of adoption laws in the state of Missouri.
Missouri Adoption Laws
Missouri adoption laws allow any adult 21 years of age or over to adopt. There are no marital requirements. Single individuals or married couples may adopt children. Missouri state law has no explicit restrictions on same-sex couples adopting children.
An adoptive family can already have children. Adoptive parents must also:
- Be in good mental and physical health
- Pass a criminal background check including a child abuse registry search
- Demonstrate proof of financial stability
- Attend an orientation session explaining the adoption process
All prospective parents must undergo a home study by a licensed social worker. This is true for independent adoptions and agency adoptions. The social worker interviews the family, inspects the residence, and ensures it will be a safe and loving home for the placement of children.
Types of Adoption
Missouri has different types and categories of adoption. It's important to know which one is right for you and your family. The legal processes include:
In closed adoptions, courts seal adoption records. The adoptive family and birth parents have no contact after the adoption. Very few Missouri adoptions are closed.
Semi-closed adoptions allow the adoptive family and birth parents to communicate through an intermediary. This can be an agency or an attorney.
In open adoptions, the birth parents and adoptive parents have direct communication. The birth mother may be a part of her child’s life if she wishes. This is the most common type of adoption in Missouri, and studies have shown adoptees do best when they have contact with their birth parents.
There are different types of adoptions as well. Not only minor children are eligible for adoption:
- Agency adoptions: These adoptions are carried out through licensed adoption agencies. Child placing agencies match available children with prospective parents who contact the Department of Social Services or the agency itself.
- Independent adoptions: Birth parents find prospective families on their own or with the assistance of private intermediaries like attorneys or friends. A social worker or juvenile officer conducts the home study at the court’s direction.
- Relative adoptions: These involve adopters related to the child. The child’s parents may place the child in a relative’s home without an intermediary.
- Stepparent adoption: The spouse of a custodial parent can petition to adopt the child. The non-custodial parent must agree to the adoption and terminate their parental rights.
- Adult adoptions: Adult adoptions take place when the adoptee is over the age of 18. Adopted adults must consent in writing.
- Foster care adoption: These occur when a foster family decides to adopt a foster child. Courts and social services give preference to foster parents if the parents and child have developed a bond.
Children over 14 must consent to their adoptions in writing. Under Missouri law, siblings cannot be separated during foster care or adoptions unless keeping them together is detrimental to their health and well-being.
Adoption Process
Children become available for adoption upon the termination of parental rights of the birth parents. The birth father may sign a consent for adoption at any time after the child’s birth. The birth mother must wait at least 48 hours, even in an uncontested adoption.
A man who may have parental rights to a child must place his name on Missouri’s Putative Father Registry before or within 15 days after the child’s birth. After that time, courts may terminate the father’s rights without notice.
After the placement hearing, the child must live with the prospective adoptive parents for six months. The finalization hearing makes the adoption official.
Interstate Adoptions: Domestic adoptions from other states must comply with the Interstate Compact on Placement of Children (ICPC). Parents should consult an attorney or adoption specialist for this type of adoption. In Missouri, the child must stay in state with at least one adoptive parent until the court transfers custody to them.
International Adoptions: Adopting from other countries requires the services of at least two attorneys, one in each country. These adoptions must follow the rules of the Hague Convention. The state of Missouri is not often involved in these adoptions.
Missouri Adoption Laws: Related Resources
- How to Adopt
- Foster Care Overview
- Foster Care and Adoption - Missouri DSS
- The Best Interests of the Child
Adopting in Missouri? Get Legal Advice from a Missouri Adoption Attorney
If you’re considering adopting a child or placing your own child with an adoptive family, it's a good idea to get legal advice from an adoption professional. An experienced Missouri family law attorney will explain everything involved in your important decision and stand with you throughout the process.
Next Steps: Search for a Local Attorney
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