Adoptions

Practice Area

Adoptions

Adoptions, like families, come in various shapes and sizes and can be just as complex. Listed below are the different types of adoptions in Missouri.

 

  1. Stepparent Adoption – when the new spouse of a parent wishes to adopt a child.
  2. Adult Adoptions – when a person over the age of 18 is adopted.
  3. Independent or Private Placement Adoptions – where the placement of the child being adopted is handled without an agency involvement.
  4. Agency Adoption – when a child is adopted through a licensed agency.
  5. International Adoption – when the transfer of custody of a child is based on the laws of the country where the child is from and the adoption is based on the laws where the child.

 

The Center for Family Law handles stepparent adoptions and independent adoptions. 

Stepparent Adoptions

Stepparent adoptions are the most common type of adoption. Many families today reflect a blended household, with a new spouse assuming the role of mom or dad for the spouse’s child because the child’s natural parent has been estranged for a lengthy period of time or has passed away. Stepparent adoptions are the formal process by which the stepparent becomes the permanent parent and assumes all legal and financial responsibility for the child. 

In some cases, the natural parent is willing to consent to the adoption. This makes the legal process for obtaining a stepparent adoption very straightforward. Absent the natural parent’s consent, the court will grant the stepparent adoption in the following situations:
  • If the natural parent has willfully abandoned or neglected to provide for the child for a period of six months prior to the filing of the petition.
  • If the natural parent suffers from a mental condition that is permanent or cannot be reversed and renders the parent unable to provide the child the necessary care, custody, and control.
  • If the natural parent’s identity is unknown and cannot be ascertained at the time of filing the petition.
  • If the natural parent’s rights have been terminated by another court.
In all adoptions, a Guardian ad Litem is appointed by the court to represent the child’s best interests and there is a formal hearing to finalize the adoption even when the natural parents have consented. Unlike with other types of adoptions, for stepparent adoptions, the court does not require a formal transfer of custody to the stepparent for a period of six months prior to the final adoption hearing. A home study is also not required in a stepparent adoption.

Private or Independent Adoptions

Private or independent adoptions involve direct placement between the birth mother and prospective adoption parents without the use of an agency. This type of adoption requires two hearings—a hearing on the formal transfer of custody for a period of six months and then an adoption hearing after the six month period has passed. If the natural parents will not consent then the requirements above will need to be met as well in order for the court to terminate the natural parental rights prior to transferring custody to the adoptive parents. The adoptive parents will also have to get a home study.
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