Missouri Revised Statutes

Mo. Rev. Stat. § 453.060 (2026)

Service on parties, how accomplished

✓ current as of May 2026

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453.060. Service on parties, how accomplished — petitioners' names not to appear on copy of petition served with summons, when — right of appeal — waiver of service — putative father unknown, procedure. — 1. A writ of summons and a copy of the petition shall be served on:

(1) Any person, agency, organization or institution whose consent to the adoption is required by law unless such consent is filed in court;

(2) Any person whose consent to the adoption, according to the allegation of the petition for adoption, is not required for the reasons set forth in subdivision (6) or (7) of section 453.040;

(3) Any person, agency, organization or institution, within or without the state, having custody of the child sought to be adopted under a decree of a court of competent jurisdiction even though its consent to the adoption is not required by law;

(4) The legally appointed guardian of the child;

(5) Any person adjudicated by a court of this state or another state, a territory of the United States or another country to be the father of the child;

(6) Any person who has timely filed a notice of intent to claim paternity of the child pursuant to section 192.016 or an acknowledgment of paternity pursuant to section 193.087.

2. Except as provided in this section and section 453.014, it is not necessary to serve any person, agency, organization or institution whose consent is not required pursuant to the provisions of sections 453.030 to 453.050.

3. If service of summons cannot be made in the manner prescribed in section 506.150, then the service shall be made by mail or publication as provided in section 506.160.

4. Upon service, whether personal or constructive, the court may act upon the petition without the consent of any party, except that of a parent whose consent is required by sections 453.030 to 453.050, and the judgment is binding on all parties so served. Any such party has the right to appeal from the judgment in the manner and form provided by the civil code of Missouri.

5. In all cases where the putative father is unknown, a search of the Missouri putative father registry shall be conducted to determine if a man has filed or been registered with the registry. If such a man is discovered, service shall be carried out according to the provisions of this section.

6. Upon request, the court may order that the writ of summons and copy of the petition required by this section may be served without the names and addresses of the petitioners when the court deems it to be in the best interests of the child.

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(L. 1947 V. II p. 213 § 9610, A.L. 1959 H.B. 438, A.L. 1961 p. 343, A.L. 1982 H.B. 1171, et al., A.L. 1983 H.B. 749 merged with H.B. 713 Revision, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1121, et al. merged with H.B. 1554 Revision, A.L. 1988 H.B. 1052, A.L. 1995 H.B. 232 & 485 merged with S.B. 174, A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)

(1956) Where written consent of foster mother of child was filed but no notice was given nonresident foster father, whose address was unknown, the adoption was held valid in case determining right of descendant of adopted child to inherit from collateral relative (case does not state whether original foster parents had adopted child although this issue was in case and court ruled second adoption was proper). Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.

Notes of Decisions

Cited in 17 cases, 1956–2013 · leading case: Aegerter v. Thompson, 610 S.W.2d 308 (Mo. Ct. App. 1980).

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Aegerter v. Thompson, 610 S.W.2d 308 (Mo. Ct. App. 1980). · cites it 3× “Section 453.060, RSMo 1978 1 prescribes the persons and organizations who shall be served with a writ of summons and a copy of the petition.”

Strobel v. M.M.A., 824 S.W.2d 28 (Mo. Ct. App. 1991). · cites it 3× “1966); Section 453.060, RSMo Cum.Supp.1990. In any event the mother should not be heard to complain since the boy had earlier spent a continuous years’ time in the respondents’ home and was taken there voluntarily by her on this occasion.”

In Re Mayernik, 292 S.W.2d 562 (Mo. 1956). · cites it 2× “050, supra; and § 453.060, RSMo 1949, V.A.M.S.; Cook and Eppenberger, The New Adoption Act, Vol.”

State ex rel. T.W.N. v. Kehm, 787 S.W.2d 728 (Mo. Ct. App. 1989). · cites it 3× “” Section 453.060, RSMo prescribes the persons and organizations who shall be served with a copy of the petition to adopt.”

In Re Baby Girl ____, 850 S.W.2d 64 (Mo. 1993). “" § 453.060. Absent such findings, Dennis is a necessary party with significant rights of his own.”

Allen v. Martin, 400 S.W.3d 881 (Mo. Ct. App. 2013). · cites it 2× “This is another instance where the term "child” in an adoption statute should be interpreted to include both minor and adult adop-tees, despite Section 453.060's inclusion in the range of statutes to which Section 453.”

I_ D v. B_ C_ D, 941 S.W.2d 658 (Mo. Ct. App. 1997). · cites it 5× “We therefore hold Grandparents were compelled to serve a copy of the amended petition on Mother unless — as argued by Grandparents — service was not required by reason of § 453.060, RSMo 1994, which reads in pertinent part: 7 “1.”

In re the Adoption of Smith, 314 S.W.2d 464 (Mo. Ct. App. 1958). · cites it 2× “Section 453.060, V.A.M.S., 1949. Such action, with or without court authorization, is not, standing alone, an actual commencement of adoption proceedings.”

Vreeland v. Vreeland, 296 S.W.2d 55 (Mo. 1956). · cites it 3× “We rule that in such a case the consent necessary as provided for in Section 453.060 RSMo 1949, V.A.M.S., must be given by the foster parents.”

J.B.M. v. S.L.M., 54 S.W.3d 711 (Mo. Ct. App. 2001). · cites it 3× “Loveheart is inapplicable to the present case, as the applicable statute here, § 453.060, RSMo Supp.1992, did not extend the waiver of service for unknown and unascertainable parents to those who are known but cannot be located .”

D.F. v. C.D., 108 S.W.3d 669 (Mo. Ct. App. 2002). “Before the 1997 amendment even though an agency was instructed to give *676 “preference and first consideration” to foster parents the next sentence of § 453.060(5) provided: “However, the final determination of the propriety of the adoption of such children shall be within the…”

In the Interest of Beste, 515 S.W.2d 530 (Mo. 1974). ““The right to appeal from the decree of adoption is granted ‘in the manner and form provided by the civil code of Missouri’ (§ 453.060), and the right to appeal exists only when and where it is conferred by statute.”

Show all 17 citing cases →

— Mo. Rev. Stat. § 453.060(5) — 2 cases

In Re Cdg, 108 S.W.3d 669 (Mo. Ct. App. 2002).

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