Missouri Revised Statutes

Mo. Rev. Stat. § 453.110 (2026)

Prohibiting transfer of custody of child

✓ current as of May 2026

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453.110. Prohibiting transfer of custody of child — exception — penalty — investigation and report — transfer of custody order issued, when. — 1. No person, agency, organization or institution shall surrender custody of a minor child, or transfer the custody of such a child to another, and no person, agency, organization or institution shall take possession or charge of a minor child so transferred, without first having filed a petition before the circuit court sitting as a juvenile court of the county where the child may be, praying that such surrender or transfer may be made, and having obtained such an order from such court approving or ordering transfer of custody.

2. If any such surrender or transfer is made without first obtaining such an order, such court shall, on petition of any public official or interested person, agency, organization or institution, order an investigation and report as described in section 453.070 to be completed by the children's division and shall make such order as to the custody of such child in the best interest of such child.

3. Any person who violates the terms of this section is guilty of a class E felony.

4. The investigation required by subsection 2 of this section shall be initiated by the children's division within forty-eight hours of the filing of the court order requesting the investigation and report and shall be completed within thirty days. The court shall order the person having custody in violation of the provisions of this section to pay the costs of the investigation and report.

5. This section shall not be construed to prohibit any parent, agency, organization or institution from placing a child with another individual for care if the right to supervise the care of the child and to resume custody thereof is retained, or from placing a child with a licensed foster home within the state through a child-placing agency licensed by this state as part of a preadoption placement.

6. After the filing of a petition for the transfer of custody for the purpose of adoption, the court may enter an order of transfer of custody if the court finds all of the following:

(1) A family assessment has been made as required in section 453.070 and has been reviewed by the court;

(2) A recommendation has been made by the guardian ad litem;

(3) A petition for transfer of custody for adoption has been properly filed or an order terminating parental rights has been properly filed;

(4) The financial affidavit has been filed as required under section 453.075;

(5) The written report regarding the child who is the subject of the petition containing the information has been submitted as required by section 453.026;

(6) Compliance with the Indian Child Welfare Act, if applicable; and

(7) Compliance with the Interstate Compact on the Placement of Children pursuant to section 210.620.

7. A hearing on the transfer of custody for the purpose of adoption is not required if:

(1) The conditions set forth in subsection 6 of this section are met;

(2) The parties agree and the court grants leave; and

(3) Parental rights have been terminated pursuant to section 211.444 or 211.447.

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(RSMo 1939 § 9616, A.L. 1947 V. II p. 213, A.L. 1989 H.B. 51, A.L. 1997 H.B. 343, A.L. 2004 H.B. 1453, A.L. 2014 H.B.1299 Revision merged with S.B. 491)

Prior revisions: 1929 § 14081; 1919 § 1103

Effective 1-01-17

(1951) In adoption proceeding mother could not be awarded custody of her child where she had previously been deprived of such custody by divorce decree. In re Wines' Adoption (A.), 239 S.W.2d 101.

(1955) Lawful custody of minor child must be awarded by an appropriate court and it must appear that petitioners have had actual custody at least nine months before a decree of adoption can be granted. Thus, where petitioners had actual custody without court order, court could make order as to custody and hold petition for adoption in abeyance for nine months. In re Davis' Adoption (A.), 285 S.W.2d 35.

(1959) Where charitable organization placed child in home for adoption, but reserved the right to supervise its care and to resume its custody, the transfer of the actual custody was lawful so as to authorize its adoption. State ex rel. Dorsey v. Delly (Mo.), 327 S.W.2d 160.

(1960) In proceeding for adoption of child, the denial of an application for transfer of custody filed therein was not a final judgment from which an appeal would lie. In re Smith (A.), 331 S.W.2d 169.

(1960) Where a physician arranged the transfer of the custody of a child from an unwed mother to other parties the court, in its discretion, had power to transfer the custody of the child to the Child Welfare Services of the state. In re Smith (A.), 339 S.W.2d 490.

(1961) This section does not limit jurisdiction of juvenile court in connection with transfers of custody but merely prohibits voluntary transfers of custody without obtaining court approval. State ex rel. M.L.H. v. Carroll (A.), 343 S.W.2d 622.

(1961) Where action to transfer custody of minor child was filed by persons then having actual custody, court had full jurisdiction to inquire into the facts and make such orders as may be for the child's best interest. Consequently a dismissal because of violation of this section was erroneous. In re Adoption of Knight (A.), 347 S.W.2d 239.

(1962) Evidence did not warrant finding that mother voluntarily and intentionally relinquished custody of her illegitimate child to petitioners in adoption proceedings with the intent to never again claim the rights of a parent or perform duties of a parent and therefore did not lawfully transfer permanent custody to petitioners. In re Adoption of J.M.K. (A.), 363 S.W.2d 67.

Notes of Decisions

Cited in 36 cases (2 in the last 5 years), 1952–2025 · leading case: Collins v. Missouri Bar Plan, 157 S.W.3d 726 (Mo. Ct. App. 2005).

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Collins v. Missouri Bar Plan, 157 S.W.3d 726 (Mo. Ct. App. 2005). · cites it 6× “Section 453.110, RSMo 2000, which prohibits the permanent transfer of custody of a child without court order, has an "obvious purpose" of opposing the "concept that a parent could pass children on like chattel to a new owner.”

S.M. v. E.M.B.R., 332 S.W.3d 793 (Mo. 2011). · cites it 8× “• The transfer was improper under section 453.110. • There was a lack of notice of the hearing to transfer custody of Child pursuant to Rule 44.”

White v. Darrington, 91 S.W.3d 718 (Mo. Ct. App. 2002). · cites it 9× “White appeals the decision of the trial court dismissing his action invoking § 453.110, RSMo 2000. We affirm the decision of the trial court.”

Adoption of C.M. v. E.M.B.R., 414 S.W.3d 622 (Mo. Ct. App. 2013). · cites it 4× “Furthermore, the Supreme Court determined any error in the failure to comply with section 453.110 would require rehearing of the transfer of custody matter, which the court determined “[was] not in Child’s best interest at this point in the proceeding.”

In the Interest of K.A.W., 133 S.W.3d 1 (Mo. 2004). · cites it 4× “The transfer of custody from Mother to both couples violated section 453.110, 9 the purpose of which is “to prohibit the indiscriminate transfer of children” and to prevent parents from passing them on “like chattel to a new owner.”

In Re Baby Girl ____, 850 S.W.2d 64 (Mo. 1993). · cites it 5× “Nonetheless, their actions failed to comply with the laws enacted by Missouri's legislature concerning the transfer of custody of children born in this state, specifically § 453.110, RSMo Supp.1992. [1] In such situations, the statute vests jurisdiction in the county where the…”

In re the Adoption of Smith, 314 S.W.2d 464 (Mo. Ct. App. 1958). · cites it 12× “Section 453.110 reads: “1. No person, agency, organization or institution shall surrender custody of a minor child, or transfer the custody of such a child to another * * * without first having filed a petition before the circuit court sitting as a juvenile court of the county…”

State ex rel. Dorsey v. Kelly, 327 S.W.2d 160 (Mo. 1959). · cites it 15× “Relator admits that the child was in the actual custody of petitioners for more than one year immediately prior to that date, but contends that inasmuch as the court has made no formal order or consent to her being placed in the custody of petitioners by Charities in accordance…”

In Re the Adoption of J. M. K. Ex Rel. A. C., 363 S.W.2d 67 (Mo. Ct. App. 1962). · cites it 10× “At the first hearing, upon the conclusion of petitioners’ evidence, the child’s mother offered no evidence but filed a motion to dismiss the petition on the grounds that (1) petitioners’ evidence shows that custody was obtained contrary to the provisions of Section 453.110…”

Matter of Williams, 672 S.W.2d 394 (Mo. Ct. App. 1984). · cites it 4× “See § 453.110, RSMo 1978; Joan M. Krauskoppf, Missouri Adoption Law and the Proposed Uniform Adoption Law, 26 Journal of the Missouri Bar 172, 179 (1970).”

State Ex Rel. M. L. H. v. Carroll, 343 S.W.2d 622 (Mo. Ct. App. 1961). · cites it 8× “Relator contends that the Juvenile Court has jurisdiction to pass upon surrenders of transfers of custody of a minor only under the provisions of § 453.110 of the adoption statute. She asserts that this is the only statute which gives the Juvenile Court any jurisdiction to…”

Adoption of K. B. I. D. v. v. M. G., 417 S.W.2d 702 (Mo. Ct. App. 1967). · cites it 4× “Jasper County transferring custody of the child to her for adoption, pursuant to Section 453.110, par. 1. 3 The appellant has thoroughly-mixed several distinct ideas in making this point, i.”

Show all 36 citing cases →

— Mo. Rev. Stat. § 453.110(1) — 2 cases

S.M. v. E.M.B.R., 332 S.W.3d 793 (Mo. 2011). “• The transfer was improper under section 453.110. • There was a lack of notice of the hearing to transfer custody of Child pursuant to Rule 44.”

In Re Adoption of CMBR, 332 S.W.3d 793 (Mo. 2011).

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