Section 453.010

Title XXX DOMESTIC RELATIONS

Chapter 453

Effective - 28 Aug 2001, 2 histories, see footnote   (history) 

  453.010.  Petition for permission to adopt, venue, jurisdiction — no denial or delay in placement of child based on residence or domicile — expedited placement, when. — 1. Any person desiring to adopt another person as his or her child shall petition the juvenile division of the circuit court of the county in which:

  (1) The person seeking to adopt resides;

  (2) The child sought to be adopted was born;

  (3) The child is located at the time of the filing of the petition; or

  (4) Either birth person resides.

  2. A petition to adopt shall not be dismissed or denied on the grounds that the petitioner is not domiciled or does not reside in any of the venues set forth in subdivision (2), (3) or (4) of subsection 1 of this section.

  3. If the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to the provision of chapter 211, RSMo, any person desiring to adopt such person as his or her child shall petition the juvenile division of the circuit court which has jurisdiction over the child for permission to adopt such person as his or her child. Upon receipt of a motion from the petitioner and consent of the receiving court, the juvenile division of the circuit court which has jurisdiction over the child may transfer jurisdiction to the juvenile division of a circuit court within any of the alternative venues set forth in subsection 1 of this section.

  4. If the petitioner has a spouse living and competent to join in the petition, such spouse may join therein, and in such case the adoption shall be by them jointly. If such a spouse does not join the petition the court in its discretion may, after a hearing, order such joinder, and if such order is not complied with may dismiss the petition.

  5. Upon receipt of a properly filed petition, a court, as defined in this section, shall hear such petition in a timely fashion. A court or any child-placing agency shall not deny or delay the placement of a child for adoption when an approved family is available, regardless of the approved family's residence or domicile. The court shall expedite the placement of a child for adoption pursuant to subsection 3 of this section.

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RSMo 1939 § 9608, A.L. 1947 V. II p. 213, A.L. 1997 H.B. 343, A.L. 1998 H.B. 1822 merged with H.B. 1918 merged with S.B. 674, A.L. 2001 S.B. 348)

Prior revisions: 1929 § 14073; 1919 § 1095