Section 2.22 Parties Who Must Consent

• Library: Adoption Law and Practice 2014 Supp

A. (§2.22) Parties Who Must Consent

As noted in §2.17, supra, when the person sought to be adopted is age 14 or older, his or her written consent to the adoption is required unless the court finds that the child lacks sufficient mental capacity to give consent. Likewise, except as specified in § 453.040, RSMo 2000, if the person to be adopted is under the age of 18 years, the written consent of each living parent of the person to be adopted is required and must be filed. Section 453.030.3, RSMo Supp. 2003.

Section 453.030 identifies the persons who must consent to the adoption of a person under 18 years of age, except as specified in § 453.040, to include:

· the mother of the child; and

· a man

· who, under § 210.822.1(1), (2), (3), or (5), RSMo, is presumed to be the father;

· who, under § 192.016, RSMo, has filed, either before or within 15 days after the child’s birth, a notice of intent to claim paternity or an acknowledgment of paternity with the putative father registry;

· who no later than 15 days after the child’s birth has filed a court action to establish paternity; and

· the current adoptive parents of the child or other legally recognized mother and father.

Section 453.030.3(1)–(3).

The consents may be executed before or after the institution of the adoption, but they must be duly acknowledged before a notary public. It is recommended that the acknowledgment be similar in form to that employed under a warranty deed or a deed of trust. In lieu of the acknowledgment before a notary, the signature of the person giving the written consent may be witnessed by at least two adult persons whose signatures and respective addresses must be plainly written on the consent. In addition, the prospective adoptive parents cannot serve as the two adult witnesses, and the notary public or witnesses must verify the identity of the party signing the consent. Section 453.030.4.

Any consent given as above specified will be valid and effective even though the parent consenting was under the age of 18 years at the time of the execution of it if the parent was represented by a guardian ad litem. Section 453.030.10.

The written consent of the mother of the child "shall not be executed anytime before the child is forty-eight hours old" and must be executed before a judge or a notary public. Section 453.030.5. Instead of this acknowledgment, the signature of the mother of the child may be witnessed by the signatures of at least two adult persons who are present at...