Section 2.31 Jurisdictional Requirements

• Library: Adoption Law and Practice 2014 Supp

A. (§2.31) Jurisdictional Requirements

The provisions of § 453.080, RSMo Supp. 2003, specify that the court may grant an adoption when, among other factors being satisfied, the person sought to be adopted, if a minor, has been in the lawful and actual custody of the petitioner or petitioners for a period of at least six months before the entry of the adoption decree. The six-month period of lawful and actual custody has been held to be jurisdictional. In re Novak, 536 S.W.2d 33 (Mo. banc 1976); see also D.L.G., Sr. v. E.L.S., 774 S.W.2d 477, 482 (Mo. banc 1989) (discussed in §2.37, infra). The period of custody must have been continuous and must have been during the six months immediately before the entry...