Section 30.29 Second-Parent Adoption

• Library: Family Law Deskbook and 2014 Supp

2. (§30.29) Second-Parent Adoption

Section 453.010.1, RSMo Supp. 2011, provides that “[a]ny person” who desires to adopt another person must petition the court. But § 453.090.1, RSMo 2000, provides that, upon adoption, all rights and obligations of the natural parents are terminated (except for the rights of a petitioner’s spouse who joins the petition—e.g., in a stepparent adoption—under § 453.010). If these sections are read strictly, it would appear that Chapter 453, RSMo, does not allow adoption of a child by the same-sex partner of a biological parent (second-parent adoption). But numerous jurisdictions have allowed second-parent adoptions in spite of having similar statutes divesting biological parents of all rights except in stepparent adoptions. See:

· In re Adoption of K.S.P., 804 N.E.2d 1253 (Ind. Ct. App. 2004)

· In re Petition of K.M., 653 N.E.2d 888 (Ill. App. Ct. 1995)

· Sharon S. v. Superior Court, 73 P.3d 554 (Cal...