Stepparent Adoption in Missouri
Reviewed by DocDraft Legal Team - Missouri - Last updated October 6, 2026
In Missouri a stepparent petitions the juvenile division of the circuit court under RSMo 453.010, and the parent married to the stepparent usually joins the petition, because RSMo 453.090 keeps the legal ties only of a natural parent who joins. The other parent's written consent is required by RSMo 453.030 unless a ground in RSMo 453.040 is proved, such as a default after proper service or abandonment under RSMo 211.447, which for a child two or older means that for six months immediately before filing the parent willfully, substantially, and continuously neglected to provide necessary care and protection (a different test applies to a child under two), and Missouri case law requires clear, cogent and convincing evidence for that finding (S.S.S. v. C.V.S., 529 S.W.3d 811 (Mo. banc 2017)). A child fourteen years of age or older must consent in writing unless the court finds the child lacks sufficient mental capacity. When every required parent has consented, the juvenile court may waive the investigation and report under RSMo 453.070.5, except the criminal background check. Missouri has no statewide stepparent adoption petition form, so ask the circuit clerk for local forms.
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Where are you with adopting your stepchild?
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Can a stepparent adopt in Missouri without the other parent's consent?
Only if an RSMo 453.040 ground applies after service. Abandonment of a child two or older means six months immediately before filing of willful, substantial, and continuous neglect to provide necessary care and protection; another test applies under two. Default, or a termination count with a best interest finding, also works. Case law requires clear, cogent, and convincing evidence.
Which court and which form are used for a stepparent adoption in Missouri?
You petition the juvenile division of the circuit court in a county allowed by RSMo 453.010, such as where you live, where the child was born or is located, or where either birth parent lives. Missouri has no statewide stepparent adoption petition form, so ask the circuit clerk whether the court publishes a local packet.
Is a home study required for a stepparent adoption in Missouri?
RSMo 453.070 requires a full investigation and assessment before a decree for a child under eighteen. Under RSMo 453.070.5, when the child is the natural child of one of the petitioners and every required parent has consented, the juvenile court may waive the investigation and report, but not the criminal background check.
At what age must the child consent to a stepparent adoption in Missouri?
Under RSMo 453.030.2, a child fourteen years of age or older must give written consent, unless the court finds the child does not have sufficient mental capacity to give it. For a younger child, the guardian ad litem interviews the child when appropriate, and the court weighs the child's wishes in deciding best interests.
Missouri's juvenile division, RSMo 453.040, and the age fourteen consent rule
Missouri adoptions are filed in the juvenile division of the circuit court under RSMo 453.010.1, in the county where the person adopting resides, where the child was born, where the child is located when the petition is filed, or where either birth parent resides. The other parent's written consent, signed before a judge or notary or witnessed by two qualifying adults and executed not more than six months before filing, is required by RSMo 453.030 unless RSMo 453.040 excuses it. The excuse most stepparents look at is subdivision (7), abandonment as described in RSMo 211.447. For a child two years of age or older at filing, that means that for a period of six months immediately prior to the filing of the petition the parent willfully, substantially, and continuously neglected to provide the child with necessary care and protection. For a child under two, it means the parent, without good cause, left the child without any provision for parental support and without making arrangements to visit or communicate with the child, although able to do so, or, for a period of sixty days when the child was under one year of age, willfully, substantially, and continuously neglected to provide necessary care and protection. A parent alleged to fall under subdivision (7) must be served with a summons and the petition under RSMo 453.060, and the Supreme Court of Missouri reviews an abandonment finding for clear, cogent and convincing evidence (S.S.S. v. C.V.S., 529 S.W.3d 811 (Mo. banc 2017)). RSMo 211.447.6 sets the same standard for a termination count. Other routes are a default by a served parent and a termination count under RSMo 211.447, which also needs a best interest finding. A child fourteen or older must consent. When all required parents consent, the court may waive the investigation except the criminal background check. Missouri has no statewide petition form.
Relevant Laws
RSMo 453.030 (Court approval and required consents)
Requires the written consent of a child fourteen years of age or older, unless the court finds the child lacks sufficient mental capacity, and, with the exceptions in RSMo 453.040, the written consent of the child's mother and legally recognized father. Consents must be signed before a judge or notary or witnessed by two qualifying adults, and executed not more than six months before the petition is filed.
RSMo 453.040 (Consent of parents not required)
Excuses consent for, among others, a parent who after proper service fails to file an answer or make an appearance, a parent who has abandoned the child as described in RSMo 211.447 (six months of willful, substantial, and continuous neglect immediately before filing for a child two or older; a different test for a child under two), and a parent whose rights are terminated on RSMo 211.447 grounds, which may be a count in the adoption petition.
RSMo 453.070 (Investigation and waiver)
Bars a decree for a child under eighteen until a full investigation and assessment is made, with the report due within ninety days of the request. Subsection 5 lets the juvenile court waive the investigation and report, except the criminal background check, when the child is the natural child of one of the petitioners and all required parents have consented.
RSMo 453.010 (Petition, court and venue)
Directs the petition to the juvenile division of the circuit court of the county where the person adopting resides, the child was born, the child is located at filing, or either birth parent resides, and lets the petitioner's spouse join the petition.
Regional Variances
Missouri stepparent adoption requirements
Court
Juvenile division of the circuit court, in the county where the person adopting resides, the child was born, the child is located at filing, or either birth parent resides (RSMo 453.010.1).
Petition form
No statewide stepparent adoption petition form. Ask the circuit clerk for any local adoption forms and the filing fee.
Other parent's consent
Written consent of the mother and legally recognized father, signed before a judge or notary or witnessed by two qualifying adults, executed not more than six months before filing (RSMo 453.030.3, .4, .6). The parent married to the stepparent usually joins as a co-petitioner (RSMo 453.010.4, 453.090.1).
Proceeding without consent
RSMo 453.040(7): abandonment as described in RSMo 211.447. Child two or older at filing: for six months immediately prior to filing, willful, substantial, and continuous neglect to provide necessary care and protection (211.447.5(1)(b)). Child under two: without good cause, no provision for parental support and no arrangements to visit or communicate, although able to do so, or sixty days of such neglect while under one (211.447.2(2)(b)). Also 453.040(5) default after proper service and 453.040(8) termination count (best interest finding). Parent must be served (RSMo 453.060). Standard: clear, cogent and convincing evidence, set by RSMo 211.447.6 for a termination count and applied by the Supreme Court of Missouri to a 453.040(7) abandonment finding (S.S.S. v. C.V.S., 529 S.W.3d 811 (Mo. banc 2017)).
Home study
Full investigation and assessment required (RSMo 453.070.1), report due within ninety days of the request. May be waived, except the criminal background check, when the child is the natural child of one of the petitioners and all required parents consented (RSMo 453.070.5).
Residency or waiting period
The court checks that the child has been in the petitioner's lawful and actual custody for at least six months before the decree (RSMo 453.080.1(1)). A petition is not dismissed only because the petitioner lives outside the county venues in RSMo 453.010.1(2) to (4).
Child's consent age
Fourteen years of age or older, unless the court finds the child lacks sufficient mental capacity; for a younger child the guardian ad litem ascertains the child's wishes (RSMo 453.030.2).
Suggested Compliance Checklist
Decide the consent route for the other parent
Before filing days after startingAsk for written consent first. If you will rely on RSMo 453.040(7), match the abandonment test in RSMo 211.447 to the child's age at filing: for a child two or older, six months immediately before filing of willful, substantial, and continuous neglect to provide necessary care and protection. Gather contact and support records. The parent must be served under RSMo 453.060, and Missouri case law requires clear, cogent and convincing evidence of the ground.
File the petition in the juvenile division
At filing days after startingFile in the juvenile division of the circuit court in a county allowed by RSMo 453.010.1, with your spouse joining as co-petitioner and any consents already signed. Missouri has no statewide stepparent petition form, so use the circuit's local forms if it has them and pay the local filing fee.
Get the written consents signed correctly
No more than six months before filing days after startingUnder RSMo 453.030, have each consent signed before a judge or notary public, or witnessed by two adults who are not the adoptive parents. Include the written consent of a child fourteen or older unless the court finds the child lacks sufficient mental capacity.
Handle service and the investigation
Before the hearing days after startingServe the summons and petition on every person RSMo 453.060 requires, using mail or publication if personal service fails. Ask the court whether it will waive the RSMo 453.070 investigation under subsection 5, and arrange the criminal background check, which is not waived.
Confirm the child's new name and update records
After the final decree days after startingRSMo 453.080.3 lets the decree change the child's name as the petition asks, so list the new name when you file. Order certified copies of the decree for schools, Social Security and passports while the new birth certificate is issued under RSMo 193.125. A separate name change petition is needed only for name changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide the consent route for the other parent | Ask for written consent first. If you will rely on RSMo 453.040(7), match the abandonment test in RSMo 211.447 to the child's age at filing: for a child two or older, six months immediately before filing of willful, substantial, and continuous neglect to provide necessary care and protection. Gather contact and support records. The parent must be served under RSMo 453.060, and Missouri case law requires clear, cogent and convincing evidence of the ground. | - | Before filing |
| File the petition in the juvenile division | File in the juvenile division of the circuit court in a county allowed by RSMo 453.010.1, with your spouse joining as co-petitioner and any consents already signed. Missouri has no statewide stepparent petition form, so use the circuit's local forms if it has them and pay the local filing fee. | - | At filing |
| Get the written consents signed correctly | Under RSMo 453.030, have each consent signed before a judge or notary public, or witnessed by two adults who are not the adoptive parents. Include the written consent of a child fourteen or older unless the court finds the child lacks sufficient mental capacity. | - | No more than six months before filing |
| Handle service and the investigation | Serve the summons and petition on every person RSMo 453.060 requires, using mail or publication if personal service fails. Ask the court whether it will waive the RSMo 453.070 investigation under subsection 5, and arrange the criminal background check, which is not waived. | - | Before the hearing |
| Confirm the child's new name and update records | RSMo 453.080.3 lets the decree change the child's name as the petition asks, so list the new name when you file. Order certified copies of the decree for schools, Social Security and passports while the new birth certificate is issued under RSMo 193.125. A separate name change petition is needed only for name changes outside the adoption. | name-change-petition | After the final decree |
Frequently Asked Questions
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Filing a Workplace Harassment Complaint in Missouri
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