453.050. Waiving of necessity of consent, when permitted — how executed. — 1. The juvenile court may, upon application, permit a parent to waive the necessity of such person's consent to a future adoption of the child. However, that approval cannot be granted until the child is at least two days old.
2. The waiver of consent may be executed before or after the institution of the adoption proceedings, and shall be executed in front of a judge or acknowledged before a notary public, or in lieu of such acknowledgment, the signature of the person giving such written consent shall be witnessed by the signatures of at least two adult persons whose addresses shall be plainly written thereon. If waiver of consent is executed in front of a judge, it shall be the duty of the judge to advise the consenting party of the consequences of the waiver of consent.
3. A waiver of consent shall be valid and effective even though the parent waiving consent was under eighteen years of age at the time of the execution thereof.
Notes of Decisions
Cited in
14
cases, 1952–1999 · leading case:
In Re Mayernik, 292 S.W.2d 562 (Mo. 1956).
In Re Mayernik, 292 S.W.2d 562 (Mo. 1956).
· cites it 5× “Subsection 2, §§ 453.050 and 453.110, supra. It is provided in Subsection 2 of § 453.”
In Re Adoption of ADA, 789 S.W.2d 842 (Mo. Ct. App. 1990).
· cites it 4× “With the passage of the present § 453.050, RSMo 1978, in 1947, consent was made irrevocable ‘without leave of the court.”
In Re Baby Girl ____, 850 S.W.2d 64 (Mo. 1993).
· cites it 2× “" § 453.050. In 1985, the italicized provision was omitted from § 453.”
Schleisman v. Schleisman, 989 S.W.2d 664 (Mo. Ct. App. 1999).
· cites it 3× “§ 453.050, RSMo 1994. None of these procedures were followed in the instant case.”
In the Interest of L.W.F., 818 S.W.2d 727 (Mo. Ct. App. 1991).
· cites it 2× “See § 453.050. But, the trial court has determined that the mother’s consent to an adoption cannot be withdrawn.”
In the Interest of W. H. J., 511 S.W.2d 795 (Mo. 1974).
· cites it 16× “” Section 453.050 provides: “1. The juvenile court may, upon application, if it appears wise, permit a parent *804 of a child * * * to waive the necessity of * * * consent to a future adoption of such child.”
In Re D____, 408 S.W.2d 361 (Mo. Ct. App. 1966).
· cites it 2× “§ 453.050(2). Nevertheless, the consent is revocable if leave of court is obtained.”
In re the Adoption of Smith, 314 S.W.2d 464 (Mo. Ct. App. 1958).
· cites it 2× “The procedure as described in both the caption and prayer of the application is specifically provided for by Section 453.050, Par. 1, Adoption, V.A.M.”
In Re Adams, 248 S.W.2d 63 (Mo. Ct. App. 1952).
“Appellant Anna Brown answers in the affirmative, contending that (1) her custody of the child was lawful because it was based upon the 1945 decree of adoption which was valid in so far as the mother of the child is concerned, based as it was on a written consent executed by her…”
Hagemann v. Ambrogio, 292 S.W.2d 562 (Mo. 1956).
· cites it 5× “Subsection 2, §§ 453.050 and 453.110, supra. It is provided in Subsection 2 of § 453.”
Peggy v. Michael, 850 S.W.2d 64 (Mo. 1993).
· cites it 2× “” § 453.050. In 1985, the italicized provision was omitted from § 453.”
— Mo. Rev. Stat. § 453.050(1) — 1 case
In the Interest of W. H. J., 511 S.W.2d 795 (Mo. 1974).
“” Section 453.050 provides: “1. The juvenile court may, upon application, if it appears wise, permit a parent *804 of a child * * * to waive the necessity of * * * consent to a future adoption of such child.”
— Mo. Rev. Stat. § 453.050(2) — 3 cases
In Re D____, 408 S.W.2d 361 (Mo. Ct. App. 1966).
“§ 453.050(2). Nevertheless, the consent is revocable if leave of court is obtained.”
In the Interest of W. H. J., 511 S.W.2d 795 (Mo. 1974).
“” Section 453.050 provides: “1. The juvenile court may, upon application, if it appears wise, permit a parent *804 of a child * * * to waive the necessity of * * * consent to a future adoption of such child.”
D v. Sv, 408 S.W.2d 361 (Mo. Ct. App. 1966).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.