Step-parent Adoption Laws in Missouri

In a step-parent adoption the family trying to adopt is a birth parent and a new spouse, usually following a divorce from, or death of, a prior spouse. Missouri has step-parent adoption laws in place to protect both the child and the original birth parent at risk of losing their parenting rights.

  1. Termination of Birth Parent Rights

    • A termination of the birth parent's rights, or TPR, is the surrender of all rights associated with parenthood. Before an adoption can be finalized, a TPR must happen. The easiest way for a TPR to happen is when the birth parent consents to terminate her rights. The other way to effectuate a TPR is by court hearing. During the hearing the court determines if there is a statutory reason that a TPR is in the best interest of the child. According to the Missouri Bar Adoption Guide, "a court may decide to terminate parental rights because of a finding that the birth parent abandoned, abused or neglected the child."

    Home Visit

    • Except in a step-parent adoption in which all parties to the adoption consent, all prospective adoptive parents must participate in a full investigation, according to the Missouri Bar Adoption Guide. A full investigation includes an assessment. The assessment can take up to eight weeks, and includes the gathering of information like criminal record checks and medical information. The prospective step-parent is also interviewed during this time.

    Custody Order

    • Finally, the court issues a transfer of custody order. The transfer of custody order is the official documentation that the step-parent now has parental rights over the child. To receive a transfer of custody order, the step-parent must appear before the court. According to the Missouri Bar Adoption Guide, "the court enters a custody order if it finds that the assessment, verified accounting, and reports on the child are all satisfactory, and that there has been compliance with all applicable laws." The child then becomes the child of the step-parent as if he were born to that parent.

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