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Missouri Revised Statutes

Mo. Rev. Stat. § 453.040 (2026)

Consent of parents not required, when

✓ current as of May 2026
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  453.040.  Consent of parents not required, when. — The consent to the adoption of a child is not required of:

  (1)  A parent whose rights with reference to the child have been terminated pursuant to law, including section 211.444 or section 211.447 or other similar laws in other states;

  (2)  A parent of a child who has legally consented to a future adoption of the child;

  (3)  A parent whose identity is unknown and cannot be ascertained at the time of the filing of the petition;

  (4)  A man who has not been established to be the father and who is not presumed by law to be the father, and who, after the conception of the child, executes a verified statement denying paternity and disclaiming any interest in the child and acknowledging that this statement is irrevocable when executed and follows the consent as set forth in section 453.030;

  (5)  A parent or other person who has not executed a consent and who, after proper service of process, fails to file an answer or make an appearance in a proceeding for adoption or for termination of parental rights at the time such cause is heard;

  (6)  A parent who has a mental condition which is shown by competent evidence either to be permanent or such that there is no reasonable likelihood that the condition can be reversed and which renders the parent unable to knowingly provide the child the necessary care, custody and control;

  (7)  A parent who has abandoned a child as described in paragraph (b) of subdivision (2) of subsection 2 of section 211.447 or paragraph (b) of subdivision (1) of subsection 5 of section 211.447;

  (8)  A parent whose rights to the child may be terminated for any of the grounds set forth in section 211.447 and whose rights have been terminated after hearing and proof of such grounds as required by sections 211.442 to 211.487.  Such petition for termination may be filed as a count in an adoption petition.

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(RSMo 1939 §§ 9609, 9610, A.L. 1947 V. II p. 213, A.L. 1959 H.B. 438, A.L. 1982 H.B. 1171, et al., A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1121, et al., A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918 merged with S.B. 674, A.L. 2021 H.B. 429)

Prior revisions: 1929 §§ 14074, 14075; 1919 §§ 1096, 1097

(1954) Where evidence was sufficient to show surviving parent was unfit person to have child, her consent was not necessary to adoption.  Perkins v. Cowan (A.), 263 S.W.2d 740.

(1962) Evidence in proceedings by stepfather to adopt child supported finding that conduct of father constituted such willful failure to support and maintain child that his consent to adoption was not required.  In re Adoption of P.J.K. (A.), 359 S.W.2d 360.

(1962) Evidence failed to establish willful abandonment or neglect of illegitimate child by mother who placed child with family when she was ill and unable to care for child and offered to pay money for support of child.  In re Adoption of J.M.K. (A.), 363 S.W.2d 67.

(1964) Trial court reasonably found that the father did willfully neglect to provide proper care and maintenance for his children for a year where father was on an almost continuous series of drunks, drunks frequented the home, and care of children was left mainly to older brother.  In re C., C., and C. (A.), 380 S.W.2d 510.

Notes of Decisions
Cited in 186 cases (5 in the last 5 years), 1951–2025 · leading case: S.S.S. v. C.V.S., 529 S.W.3d 811 (Mo. 2017).
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S.S.S. v. C.V.S., 529 S.W.3d 811 (Mo. 2017). · cites it 23× “Standard of Review This Court reviews whether there was clear', cogent, and' convincing evidence to support a statutory ground for terminating parental rights or to support a finding that a parent’s consent is not necessary for adoption pursuant to § 453.”
S.M. v. E.M.B.R., 332 S.W.3d 793 (Mo. 2011). · cites it 44× “Section 453.040 sets out the scenarios in which the consent of a parent to adoption is not required.”
Adoption of C.M. v. E.M.B.R., 414 S.W.3d 622 (Mo. Ct. App. 2013). · cites it 23× “Count I of the Amended Petition pled termination of Mother’s parental rights pursuant to section 453.040(7), alleging Mother’s consent was not necessary because Mother had willfully abandoned Child at least sixty days prior to the filing of the Amended Petition.”
In the Interest of A.R.M., 750 S.W.2d 86 (Mo. Ct. App. 1988). · cites it 33× “In essence the majority opinion holds that petitioner, maternal grandmother, who by her own evidence entirely foreclosed any contact by the natural father can invoke the jurisdiction of the Juvenile Court to obtain an adoption by claiming the natural father abandoned the child…”
In Re Adoption of W.B.L., 681 S.W.2d 452 (Mo. 1984). · cites it 11× “The trial court expressly determined the natural mother willfully abandoned and neglected the child within the meaning of § 453.040. It was in a far better position than this Court to evaluate the sincerity of the appellant and her excuses.”
In Re Adoption of Nlbmt v. Lentz, 212 S.W.3d 123 (Mo. 2007). · cites it 20× “030 and those in which consent is not required under section 453.040. Section 453.030 states in pertinent part: 1.”
In Re Adoption of HMC, 11 S.W.3d 81 (Mo. Ct. App. 2000). · cites it 22× “("Adoptive Parents") pursuant to section 453.040(5), RSMo 1994. [1] Natural Mother and Father contend that the trial court erred in terminating their parental rights because the court's decision was not supported by clear, cogent and convincing evidence that Natural Mother had…”
S.L.N. v. D.L.N., 167 S.W.3d 736 (Mo. Ct. App. 2005). · cites it 28× “2d at 934 ; § 453.040. Section 211.447 is the provision of Chapter 211 under which a parent’s rights may be terminated.”
In Re Adoption of CMBR, 332 S.W.3d 793 (Mo. 2011). · cites it 46× “Section 453.040 sets out the scenarios in which the consent of a parent to adoption is not required.”
B.S. v. A.O., 70 S.W.3d 579 (Mo. Ct. App. 2002). · cites it 11× “1 Section 453.040(8) provides that a party filing a petition to adopt under Chapter 453 may include a count in the petition seeking termination of parental rights on any of the grounds set forth in Section 211.”
J_ S_ B v. K_ E_ R, 31 S.W.3d 551 (Mo. Ct. App. 2000). · cites it 31× “Section 453.040, RSMo Cum.Supp.1997, was in force when Mother and J_filed the adoption petition.”
Matter of BSR, 965 S.W.2d 444 (Mo. Ct. App. 1998). · cites it 17× “" On October 8, 1996, the Circuit Court of Clay County entered a judgment terminating the parental rights of the appellant based upon findings of willful abandonment and willful, substantial and continuous neglect and granting the respondents' petition for adoption, pursuant to…”
Show all 186 citing cases →
— Mo. Rev. Stat. § 453.040(1) — 14 cases
In Re Adoption of Nlbmt v. Lentz, 212 S.W.3d 123 (Mo. 2007). “030 and those in which consent is not required under section 453.040. Section 453.030 states in pertinent part: 1.”
S.M. v. E.M.B.R., 332 S.W.3d 793 (Mo. 2011). “Section 453.040 sets out the scenarios in which the consent of a parent to adoption is not required.”
Ellington v. S.R. ex rel. Aylward, 664 S.W.2d 609 (Mo. Ct. App. 1984).
S.L.N. v. D.L.N., 167 S.W.3d 736 (Mo. Ct. App. 2005). “2d at 934 ; § 453.040. Section 211.447 is the provision of Chapter 211 under which a parent’s rights may be terminated.”
In re of S.L.N., 8 S.W.3d 916 (Mo. Ct. App. 2000).
— Mo. Rev. Stat. § 453.040(2) — 7 cases
H.W.C. v. D.A.H., 1 S.W.3d 524 (Mo. Ct. App. 1999).
In Re Adoption of Rule, 435 S.W.2d 35 (Mo. Ct. App. 1968).
In Re Slaughter, 290 S.W.2d 408 (Mo. Ct. App. 1956).
J. B. B. v. Baby Girl S. ex rel. Deiter, 611 S.W.2d 359 (Mo. Ct. App. 1980).
Siemer v. Rule, 435 S.W.2d 35 (Mo. Ct. App. 1968).
— Mo. Rev. Stat. § 453.040(3) — 2 cases
In the Interest of W. H. J., 511 S.W.2d 795 (Mo. 1974).
IN THE INTEREST OF: E.R.S., A child under seventeen years of age, D.R., Movant-Appellant v. T.J.B. & T.M.B., Respondents-Respondents (Mo. Ct. App. 2019).
— Mo. Rev. Stat. § 453.040(4) — 33 cases
In Re Adoption of W.B.L., 681 S.W.2d 452 (Mo. 1984). “The trial court expressly determined the natural mother willfully abandoned and neglected the child within the meaning of § 453.040. It was in a far better position than this Court to evaluate the sincerity of the appellant and her excuses.”
Matter of Adoption of Pearson, 612 S.W.2d 30 (Mo. Ct. App. 1981).
Adoption of Mike & Russ, 553 S.W.2d 706 (Mo. Ct. App. 1977).
In Re Adoption of D___ R___ E___, 696 S.W.2d 882 (Mo. Ct. App. 1985).
Kambitch v. Ederle, 642 S.W.2d 690 (Mo. Ct. App. 1982).
— Mo. Rev. Stat. § 453.040(5) — 31 cases
In Re Adoption of HMC, 11 S.W.3d 81 (Mo. Ct. App. 2000). “("Adoptive Parents") pursuant to section 453.040(5), RSMo 1994. [1] Natural Mother and Father contend that the trial court erred in terminating their parental rights because the court's decision was not supported by clear, cogent and convincing evidence that Natural Mother had…”
In the Interest of A.R.M., 750 S.W.2d 86 (Mo. Ct. App. 1988). “In essence the majority opinion holds that petitioner, maternal grandmother, who by her own evidence entirely foreclosed any contact by the natural father can invoke the jurisdiction of the Juvenile Court to obtain an adoption by claiming the natural father abandoned the child…”
Matter of BSR, 965 S.W.2d 444 (Mo. Ct. App. 1998). “" On October 8, 1996, the Circuit Court of Clay County entered a judgment terminating the parental rights of the appellant based upon findings of willful abandonment and willful, substantial and continuous neglect and granting the respondents' petition for adoption, pursuant to…”
Deardorff v. Bohannon, 761 S.W.2d 651 (Mo. Ct. App. 1988).
J.R. v. J.R.R., 965 S.W.2d 444 (Mo. Ct. App. 1998).
— Mo. Rev. Stat. § 453.040(6) — 2 cases
In Re the Adoption of: I.M.W., a female minor child, C.R.R. & V.L.R. v. B.A.T., 522 S.W.3d 301 (Mo. Ct. App. 2017).
In Re the Adoption of: I.M.W., a female minor child, C.R.R. & V.L.R. v. B.A.T. (Mo. Ct. App. 2017).
— Mo. Rev. Stat. § 453.040(7) — 63 cases
S.S.S. v. C.V.S., 529 S.W.3d 811 (Mo. 2017). “Standard of Review This Court reviews whether there was clear', cogent, and' convincing evidence to support a statutory ground for terminating parental rights or to support a finding that a parent’s consent is not necessary for adoption pursuant to § 453.”
Adoption of C.M. v. E.M.B.R., 414 S.W.3d 622 (Mo. Ct. App. 2013). “Count I of the Amended Petition pled termination of Mother’s parental rights pursuant to section 453.040(7), alleging Mother’s consent was not necessary because Mother had willfully abandoned Child at least sixty days prior to the filing of the Amended Petition.”
S.M. v. E.M.B.R., 332 S.W.3d 793 (Mo. 2011). “Section 453.040 sets out the scenarios in which the consent of a parent to adoption is not required.”
In Re Adoption of CMBR, 332 S.W.3d 793 (Mo. 2011). “Section 453.040 sets out the scenarios in which the consent of a parent to adoption is not required.”
In Re the Adoption of B.D.W., 185 S.W.3d 727 (Mo. Ct. App. 2006).
— Mo. Rev. Stat. § 453.040(8) — 11 cases
B.S. v. A.O., 70 S.W.3d 579 (Mo. Ct. App. 2002). “1 Section 453.040(8) provides that a party filing a petition to adopt under Chapter 453 may include a count in the petition seeking termination of parental rights on any of the grounds set forth in Section 211.”
J_ S_ B v. K_ E_ R, 31 S.W.3d 551 (Mo. Ct. App. 2000). “Section 453.040, RSMo Cum.Supp.1997, was in force when Mother and J_filed the adoption petition.”
In Re Qmb, 85 S.W.3d 654 (Mo. Ct. App. 2002).
S.L.N. v. D.L.N., 167 S.W.3d 736 (Mo. Ct. App. 2005). “2d at 934 ; § 453.040. Section 211.447 is the provision of Chapter 211 under which a parent’s rights may be terminated.”
K.L.T. v. Thornton, 237 S.W.3d 605 (Mo. Ct. App. 2007).
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