Section 17 Notice to Parents

• Library: Remedies 2006

Rule 95.03 requires the written consent of each known parent to be filed. If it is not filed, the Rule requires a copy of the petition together with a notice stating the date of the hearing to be served at least 30 days before the hearing. Service may be by registered or certified mail and is proved by the certificate of the clerk that the clerk has mailed a copy of the petition and the notice by registered or certified mail.

What if it is impossible to successfully execute service by mail on a nonconsenting parent? The Rule provides no guidance, and there are no Missouri decisions on point. Nevertheless, the possibility that additional efforts are required to give notice to the father,
at least, arises from the holding of In re Thomas, 416 S.W.2d 52 (Mo. App. E.D. 1967). In Thomas, the court stated that a father has a right for his child to bear his surname, unless it is in the interest of the child that the child bears a different name. See...