Consent Laws

Who Must Consent to an Adoption
Citation: Rev. Stat. § 199.500
An adoption shall not be granted without the voluntary and informed consent of:

• The living parent or parents of a child born in lawful wedlock
• The mother of the child born out of wedlock
• The father of the child born out of wedlock, if paternity is established in a legal action or in an affidavit acknowledging paternity of the child

A minor parent may consent to an adoption, but a guardian ad litem for the parent shall be appointed.

Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 199.500
In the case of a child age 12 or older, the consent of the child shall be given in court. The court in its discretion may waive this requirement.

When Parental Consent is not Needed
Citation: Rev. Stat. §§ 199.500; 199.502
The consent of a parent shall not be required if the parent:

• Has been adjudged mentally disabled
• Has had his or her parental rights terminated
• Is divorced from the other parent, his or her rights have been terminated, and consent has been given by the parent having custody and control of the child
• Is a birth parent who has not established parental rights
• Has abandoned the child for a period of not less than 90 days
• Has inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury
• Has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, physical injury or emotional harm
• Has been convicted of a felony that involved the infliction of serious physical injury to the child
• For a period of not less than 6 months, has continuously or repeatedly failed, refused to provide, or been substantially incapable of providing essential parental care and protection for the child, and there is no reasonable expectation of improvement in parental care and protection
• Has caused or allowed the child to be sexually abused or exploited
• For reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing essential food, clothing, shelter, medical care, or education reasonably necessary and available for the child's well-being, and there is no reasonable expectation of significant improvement in the parent's conduct in the immediately foreseeable future
• Has had his or her rights to another child involuntarily terminated and the condition or factor that was the basis for the previous termination finding has not been corrected
• Has been convicted of having caused or contributed to the death of another child as a result of physical or sexual abuse or neglect

When Consent Can Be Executed
Citation: Rev. Stat. § 199.500
An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to 72 hours after the birth of the child.

How Consent Must Be Executed
Citation: Rev. Stat. § 625.040
A petition for voluntary termination of parental rights shall be filed in the circuit court of the county where petitioner resides.

Revocation of Consent
Citation: Rev. Stat. § 199.500
If placement approval by the secretary is required, the voluntary and informed consent shall become final and irrevocable 20 days the placement approval or the execution of the voluntary and informed consent, whichever is later.If placement approval by the secretary is not required, the voluntary and informed consent shall become final and irrevocable 20 days after the execution of the voluntary and informed consent.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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