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Missouri Revised Statutes

Mo. Rev. Stat. § 453.140 (2026)

Validity of decree not subject to attack for irregularities after expiration of one year

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  453.140.  Validity of decree not subject to attack for irregularities after expiration of one year. — After the expiration of one year from the date of entry of the decree of adoption, the validity thereof shall not be subject to attack in any proceedings, collateral or direct, by reason of any irregularity in proceedings had pursuant to this chapter.

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(L. 1947 V. II p. 213 § 9616c)

Notes of Decisions
Cited in 7 cases, 1954–1989 · leading case: D.L.G. v. E.L.S., 774 S.W.2d 477 (Mo. 1989).
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D.L.G. v. E.L.S., 774 S.W.2d 477 (Mo. 1989). · cites it 13× “Thereafter, the guardian ad litem filed a motion to dismiss the petition to set aside the adoption decree on the ground the proceeding was barred by Section 453.140, RSMo 1986. *481 In connection with a scheduled hearing in circuit court on the guardian ad litem’s motion to…”
Delancy v. Kerr, 547 S.W.2d 837 (Mo. Ct. App. 1977). · cites it 2× “In § 453.140 RSMo 1969 it is provided that “After the expiration of one year from the date of entry of the decree of adoption, the validity thereof shall not be subject to attack in any proceedings, collateral or direct, by reason of any irregularity in proceedings had pursuant…”
Novak v. Novak, 536 S.W.2d 33 (Mo. 1976). “The proceeding instituted by Jacquelyn Novak asking that it be set aside was filed some seven months after the adoption decree and, hence, came within the limitations of § 453.140, which provides as follows: “After the expiration of one year from the date of entry of the decree…”
In Interest of BLG, 731 S.W.2d 492 (Mo. Ct. App. 1987). “…Decree by Adopting Parent or Natural Parent Consenting to Adoption. See also 2 Am. Jur.2d Adoption, § 79, p. 925. Cf. § 453.140.”
Dlg v. Els, 774 S.W.2d 477 (Mo. 1989). · cites it 15× “Thereafter, the guardian ad litem filed a motion to dismiss the petition to set aside the adoption decree on the ground the proceeding was barred by Section 453.140, RSMo 1986. *481 In connection with a scheduled hearing in circuit court on the guardian ad litem's motion to…”
Allstun v. C.J.G.H., 731 S.W.2d 492 (Mo. Ct. App. 1987). “…Decree by Adopting Parent or Natural Parent Consenting to Adoption. See also 2 Am. Jur.2d Adoption, § 79, p. 925. Cf. § 453.140.”
In re Naturalization of Robertson, 127 F. Supp. 39 (W.D. Mo. 1954). · cites it 4× “Section 453.140 Mo.R.S. 1949, V.A.M.S., provides: “After the expiration of one year from the date of entry of the decree of adoption, the validity thereof shall not be subject to attack in any proceedings, collateral or direct, by reason of any irregularity in proceedings had…”
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