§9.1 History

• Library: Juvenile Law Deskbook (2021 Supp.)

A. (§9.1) History

Before 2013, a consent to termination of parental rights/adoption had to be executed in front of two witnesses, or a notary public. In 2013, § 453.030, now RSMo Supp. 2019, was revised to add that a consent to termination of parental rights/adoption can also be executed in front of a judge, who shall advise of the consequences of the consent. Section 453.030.5.

Also, after 2013, a consent to termination of parental rights/adoption is final when executed, unless the consenting party, prior to decree of adoption, alleges and proves by clear and convincing evidence that consent was not freely and voluntarily given. The burden of proof is with the consenting party. Further, an executed consent expires after six months, such that a petition for adoption must be filed within six months of the execution of the consent. Section 453.030.6.

While the consenting party’s consent is effective upon execution, the court may find that it is not in the best interest of the child for the court to accept the consent. For example, the court may decide it is not in the child’s best interest for the court to accept a consent to termination if the other biological parent will continue to parent the child and there is no adoptive resource to step into...