453.080. Hearing--decree--contact or exchange of identifying information between adopted person and birth or adoptive parent not to be denied, when. - Missouri Statutes

Hearing--decree--contact or exchange of identifying informationbetween adopted person and birth or adoptive parent not to bedenied, when.

453.080. 1. The court shall conduct a hearing to determine whetherthe adoption shall be finalized. During such hearing, the court shallascertain whether:

(1) The person sought to be adopted, if a child, has been in thelawful and actual custody of the petitioner for a period of at least sixmonths prior to entry of the adoption decree; except that the six-monthperiod may be waived if the person sought to be adopted is a child who isunder the prior and continuing jurisdiction of a court pursuant to chapter211, RSMo, and the person desiring to adopt the child is the child'scurrent foster parent. "Lawful and actual custody" shall include atransfer of custody pursuant to the laws of this state, another state, aterritory of the United States, or another country;

(2) The court has received and reviewed a postplacement assessment onthe monthly contacts with the adoptive family pursuant to section 453.077,except for good cause shown in the case of a child adopted from a foreigncountry;

(3) The court has received and reviewed an updated financialaffidavit;

(4) The court has received the recommendations of the guardian adlitem and has received and reviewed the recommendations of the personplacing the child, the person making the assessment and the person makingthe postplacement assessment;

(5) There is compliance with the uniform child custody jurisdictionact, sections 452.440 to 452.550, RSMo;

(6) There is compliance with the Indian Child Welfare Act, ifapplicable;

(7) There is compliance with the Interstate Compact on the Placementof Children pursuant to section 210.620, RSMo; and

(8) It is fit and proper that such adoption should be made.

2. If a petition for adoption has been filed pursuant to section453.010 and a transfer of custody has occurred pursuant to section 453.110,the court may authorize the filing for finalization in another state if theadoptive parents are domiciled in that state.

3. If the court determines the adoption should be finalized, a decreeshall be issued setting forth the facts and ordering that from the date ofthe decree the adoptee shall be for all legal intents and purposes thechild of the petitioner or petitioners. The court may decree that the nameof the person sought to be adopted be changed, according to the prayer ofthe petition.

4. Before the completion of an adoption, the exchange of informationamong the parties shall be at the discretion of the parties. Uponcompletion of an adoption, further contact among the parties shall be atthe discretion of the adoptive parents. The court shall not havejurisdiction to deny continuing contact between the adopted person and thebirth parent, or an adoptive parent and a birth parent. Additionally, thecourt shall not have jurisdiction to deny an exchange of identifyinginformation between an adoptive parent and a birth parent.

(RSMo 1939 § 9613, A.L. 1947 V. II p. 213, A.L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 1998 H.B. 1918 merged with S.B. 674, A.L. 2001 S.B. 348)

Prior revisions: 1929 § 14078; 1919 § 1100

(1953) Validity of judgment of adoption is determined solely by this section. Judgment held sufficient. Hyman v. Stanley (A.), 257 S.W.2d 388.

(1959) A prior order of court is not a prerequisite to lawful custody of a child placed in a home for parental care if the right to supervise its care and resume its custody is retained by its legal custodian. State ex rel. Dorsey v. Kelly (Mo.), 327 S.W.2d 160.