Missouri Revised Statutes

Mo. Rev. Stat. § 453.010 (2026)

Petition for permission to adopt, venue, jurisdiction

✓ current as of May 2026

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453.010. Petition for permission to adopt, venue, jurisdiction — no denial or delay in placement of child based on residence or domicile — expedited placement, when. — 1. Any person desiring to adopt another person as his or her child shall petition the juvenile division of the circuit court of the county in which:

(1) The person seeking to adopt resides;

(2) The child sought to be adopted was born;

(3) The child is located at the time of the filing of the petition; or

(4) Either birth person resides.

2. A petition to adopt shall not be dismissed or denied on the grounds that the petitioner is not domiciled or does not reside in any of the venues set forth in subdivision (2), (3) or (4) of subsection 1 of this section.

3. If the person sought to be adopted is a child who is under the prior and continuing jurisdiction of a court pursuant to the provision of chapter 211, any person desiring to adopt such person as his or her child shall petition the juvenile division of the circuit court which has jurisdiction over the child for permission to adopt such person as his or her child. Upon receipt of a motion from the petitioner and consent of the receiving court, the juvenile division of the circuit court which has jurisdiction over the child may transfer jurisdiction to the juvenile division of a circuit court within any of the alternative venues set forth in subsection 1 of this section.

4. If the petitioner has a spouse living and competent to join in the petition, such spouse may join therein, and in such case the adoption shall be by them jointly. If such a spouse does not join the petition the court in its discretion may, after a hearing, order such joinder, and if such order is not complied with may dismiss the petition.

5. Upon receipt of a properly filed petition, a court, as defined in this section, shall hear such petition in a timely fashion. A court or any child-placing agency shall not deny or delay the placement of a child for adoption when an approved family is available, regardless of the approved family's residence or domicile. The court shall expedite the placement of a child for adoption pursuant to subsection 3 of this section.

6. A licensed child-placing agency may file a petition for transfer of custody if a birth parent consents in writing by power of attorney for placement of a minor child, a consent to adoption, or any other document which evidences a desire to place the child with the licensed child-placing agency for the purposes of transfer of custody of the child to the licensed child-placing agency. The written consent obtained from the birth parent shall strictly comply with section 453.030.

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(RSMo 1939 § 9608, A.L. 1947 V. II p. 213, A.L. 1997 H.B. 343, A.L. 1998 H.B. 1822 merged with H.B. 1918 merged with S.B. 674, A.L. 2001 S.B. 348, A.L. 2007 S.B. 84)

Prior revisions: 1929 § 14073; 1919 § 1095

(1954) Where two petitions for the adoption of the same child were filed by different petitioners, court had jurisdiction to treat them as a single action and, after being disqualified to act in one of the actions, also to disqualify himself from hearing the other. State ex rel. Earnest v. Meriwether (Mo.), 270 S.W.2d 20.

(1958) Where mother obtained permission to waiver her consent to adoption under § 453.050, court did not acquire continuing jurisdiction for adoption and transfer custody and subsequent petition by nonresidents to adopt child who was then in foreign state was dismissed. In re Smith (A.), 314 S.W.2d 464.

(1963) Evidence sustained dismissal of petition for adoption on ground that there was considerable knowledge concerning antecedents of minor child by petitioners and of the petitioners by one or both of the natural parents and relatives and there was possibility of confrontation of a nature detrimental to the minor child. In re K.W.S. (A.), 370 S.W.2d 698.

Notes of Decisions

Cited in 44 cases (2 in the last 5 years), 1951–2023 · leading case: State Ex Rel. Womack v. Rolf, 173 S.W.3d 634 (Mo. 2005).

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State Ex Rel. Womack v. Rolf, 173 S.W.3d 634 (Mo. 2005). · cites it 5× “K was decided, section 453.010, RSMo 1986, simply addressed the venue of adoption petitions and when a spouse must join in such a petition.”

In re the Adoption of Smith, 314 S.W.2d 464 (Mo. Ct. App. 1958). · cites it 9× “The Court heard testimony, took the matter under advisement and on December 9, 1957, dismissed the application for legal custody for want of jurisdiction, finding that “There is not sufficient competent evidence to show that this Court has jurisdiction under Section 453.”

Morris v. Ulbright, 558 S.W.2d 660 (Mo. 1977). · cites it 8× “When a child is adopted in accordance with the provisions of this chapter, all legal relationships and all rights and duties between such child and his natural parents (other than a natural parent who joins in the petition for adoption as provided in section 453.010) shall cease…”

Allen v. Martin, 400 S.W.3d 881 (Mo. Ct. App. 2013). · cites it 5× “015(1), a definitions statute, states that, “as used in sections 453.010 to 453.400,” the terms “minor” or “child” mean “any person who has not attained the age of eighteen years or any person in the custody of the division of family services who has not attained the age of…”

Hyman v. Stanley, 257 S.W.2d 388 (Mo. Ct. App. 1953). · cites it 5× “"If the petitioner has a spouse living and competent to join in the petition, such spouse may join therein, and in such case the adoption shall be by them jointly; provided, however, that if such a spouse does not join the petition the court in its discretion may, after a…”

Holt v. Burlington N. R.R., 685 S.W.2d 851 (Mo. Ct. App. 1984). · cites it 2× “§ 453.010 et. seq. Six months after Ann’s death, the probate division of the Ray County Circuit Court decreed that James is the equitably adopted son of Ann Holt.”

Brassfield v. Allwood, 557 S.W.2d 674 (Mo. Ct. App. 1977). · cites it 2× “1952); § 453.010 RSMo 1969. Equity will decree specific performance, however, where a party has so far acted on the promise that to deny him the benefit of the agreement would be unjust.”

Adoption of K. B. I. D. v. v. M. G., 417 S.W.2d 702 (Mo. Ct. App. 1967). · cites it 2× “The “subject matter” of which the juvenile court in Barton County retained jurisdiction was *708 the adoptee’s status as a neglected child, while the provisions of Section 453.010, par. I, 5 conferred the authority to hear the adoption proceeding upon the juvenile division of…”

Aegerter v. Thompson, 610 S.W.2d 308 (Mo. Ct. App. 1980). · cites it 2× “090 which mandates that “all legal relationships and all rights and duties between such child and his natural parents (other than a natural parent who joins in the petition for adoption as provided in section 453.010) shall cease and determine.”

In Re Adoption of P. J. K., 359 S.W.2d 360 (Mo. Ct. App. 1962). · cites it 2× “Section 453.010; In re Mayernik, Mo., 292 S.”

Tomlinson v. O'BRIANT, 634 S.W.2d 546 (Mo. Ct. App. 1982). · cites it 2× “492, RSMo 1978, 1 rather than permitting them to proceed under the provisions of § 453.010. Defendant concedes the order of August 22,1980, was not an appeala-ble order.”

In re Brockmire, 424 S.W.3d 445 (Mo. 2014). · cites it 2× “When a child [regardless of age] is adopted in accordance with the provisions of this chapter, all legal relationships and all rights and duties between such child and his natural parents (other than a natural parent who joins in the petition for adoption as provided in section…”

Show all 44 citing cases →

— Mo. Rev. Stat. § 453.010(B) — 1 case

B.S. v. A.O., 70 S.W.3d 579 (Mo. Ct. App. 2002).

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