Missouri Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 453.030- 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
Statute: § 453.030
- A child 14 years of age 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
Statute: § 453.040
- A parent:
- Whose rights have been terminated
- Whose identity is unknown
- Who has been found incompetent
- Who has abandoned or failed to support or care for the child
- Whose rights have been terminated
When Consent Can Be Executed
Statute: § 453.030
- Consent may be executed before a judge or notary public any time after the child is 48 hours old, before or after a petition for adoption is filed.
How Consent Must Be Executed
Statute: § 453.030
- Consent must be acknowledged before a notary public, or have the consenting person's signature witnessed by two adults.
Revocation of Consent
Statute: § 453.030- Consent may be withdrawn at any time until it is reviewed and accepted by the judge.
- Case law states that consent is irrevocable absent fraud, duress, or coercion.
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