Section 28.5 Putative Father Registry and Adoption

• Library: Family Law Deskbook and 2014 Supp

V. (§28.5) Putative Father Registry and Adoption

In Lehr v. Robertson, 463 U.S. 248 (1983), the United States Supreme Court held that a father’s failure to utilize the putative father registry to assert his paternity prevented him from contesting the subsequent adoption of a child even though he attempted to assert his paternity in a separate paternity suit in a neighboring county. Like New York, Missouri has established a putative father registry. Section 192.016, RSMo Supp. 2011. In 1997, the Missouri legislature amended § 192.016 regarding the adoption and termination of parental rights statutes so as to tie them to the putative father registry.

Section 453.030.3(2), RSMo Supp. 2011, provides, as to which man’s consent is required for adoption, the following:

(2) Only the man who:

(a) Is presumed to be the father pursuant to the subdivision (1), (2), or (3) of subsection 1 of section 210.822, RSMo; or

(b) Has filed an...