Section 453.060

Title XXX DOMESTIC RELATIONS

Chapter 453

Effective - 28 Aug 2004   

  453.060.  Service on parties, how accomplished — petitioners' names not to appear on copy of petition served with summons, when — right of appeal — waiver of service — putative father unknown, procedure. — 1.  A writ of summons and a copy of the petition shall be served on:

  (1)  Any person, agency, organization or institution whose consent to the adoption is required by law unless such consent is filed in court;

  (2)  Any person whose consent to the adoption, according to the allegation of the petition for adoption, is not required for the reasons set forth in subdivision (6) or (7) of section 453.040;

  (3)  Any person, agency, organization or institution, within or without the state, having custody of the child sought to be adopted under a decree of a court of competent jurisdiction even though its consent to the adoption is not required by law;

  (4)  The legally appointed guardian of the child;

  (5)  Any person adjudicated by a court of this state or another state, a territory of the United States or another country to be the father of the child;

  (6)  Any person who has timely filed a notice of intent to claim paternity of the child pursuant to section 192.016 or an acknowledgment of paternity pursuant to section 193.087.

  2.  Except as provided in this section and section 453.014, it is not necessary to serve any person, agency, organization or institution whose consent is not required pursuant to the provisions of sections 453.030 to 453.050.

  3.  If service of summons cannot be made in the manner prescribed in section 506.150, then the service shall be made by mail or publication as provided in section 506.160.

  4.  Upon service, whether personal or constructive, the court may act upon the petition without the consent of any party, except that of a parent whose consent is required by sections 453.030 to 453.050, and the judgment is binding on all parties so served.  Any such party has the right to appeal from the judgment in the manner and form provided by the civil code of Missouri.

  5.  In all cases where the putative father is unknown, a search of the Missouri putative father registry shall be conducted to determine if a man has filed or been registered with the registry.  If such a man is discovered, service shall be carried out according to the provisions of this section.

  6.  Upon request, the court may order that the writ of summons and copy of the petition required by this section may be served without the names and addresses of the petitioners when the court deems it to be in the best interests of the child.

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(L. 1947 V. II p. 213 § 9610, A.L. 1959 H.B. 438, A.L. 1961 p. 343, A.L. 1982 H.B. 1171, et al., A.L. 1983 H.B. 749 merged with H.B. 713 Revision, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1121, et al. merged with H.B. 1554 Revision, A.L. 1988 H.B. 1052, A.L. 1995 H.B. 232 & 485 merged with S.B. 174, A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)

(1956) Where written consent of foster mother of child was filed but no notice was given nonresident foster father, whose address was unknown, the adoption was held valid in case determining right of descendant of adopted child to inherit from collateral relative (case does not state whether original foster parents had adopted child although this issue was in case and court ruled second adoption was proper).  Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.