Does anyone know the laws on step-parent adoption in Missouri. My ex, the children's bio father has never paid child support (over 5 years) and has not contacted my children in over 2 years.... can the state of Missouri terminate his rights so that their step-father may adopt them?

would he be willing to voluntarily terminate his rights? would make it easier. there has been NO contact (letters, calls, gifts, etc) for 2 years? I would say if that is so, you have grounds. Have you been married at least a year? If all that is so, find a good family law atty because this is not something you want to do w/o an atty as even one little screw up can make it void

He wouldnt volunteer to give them up. The problem is I have no idea how to find him. We havent gotten one call, letter, email, nothing from him in 2 years. He called my son one day and said he would pick him up on saturday and that was Christmas of 2004. He has never paid support. My husband and I have been together for 2 years. He disappeared when he found out I was with someone else. I know in Texas which is where I am originally from they refuse to terminate rights of a parent like him. Its sad when there is a step-parent willing to take over as the father.

trust me- i feel your pain. what you do is go file the paperwork to terminate parental rights/stepparent adoption. They will try to serve him at his last known address. when they can't you can petition to serve by publication which means they will run a ad in the papers of his last known address for x amount of time. Then if he doesn't show, a default judgement can be entered against him. You need an atty though because it is a long hard confusing battle and even 1 misstep can set you back

Website for Statutes: http://www.moga.state.mo.us/STATUTES/STATUTES.HTM
Citations:
Adoption: Title XXX, Chapter 453
Child Protection: Title XII, Chapter 210, ?? 210.109 through 210.167
Child Welfare: Title XII, Chapter 211, ?? 211.171; 211.177 through 211.183; 211.442 through 211.477

Website for Administrative Code: http://www.sos.mo.gov/adrules/csr/csr.asp
Note: See Title 13, Divisions 35 and 40


Circumstances That Are Grounds for Termination of Parental Rights
?? 211.183; 211.447


The child is an abandoned infant.
The parent is unable to discharge his or her parental duties due to:

A mental condition
Chemical dependency
A conviction of a felony that would deprive the child of a stable home for a period of years

The parents conduct or neglect has subjected the child to a substantial risk of physical or mental harm.
The parent has subjected any child in the family to a severe act or recurrent acts of physical, emotional, or sexual abuse, including an act of incest.
The child was conceived and born as a result of an act of forcible rape.
Reasonable efforts to rehabilitate the parent have failed.
The parent has been convicted of:

Murder or voluntary manslaughter of another child of the parent
Aiding, abetting, attempting, or soliciting to commit murder or voluntary manslaughter of another child of the parent
A felony assault that results in serious bodily injury to the child or another child of the parent

The parent has failed to contribute to the cost of care and maintenance of the child when financially able to do so.
The parent has failed to maintain regular visitation or other contact with the child.
The child has been in foster care for 15 of the most recent 22 months.
Parental rights to another child of the parent have been involuntarily terminated within the immediately preceding 3 years.


Circumstances That Are Exceptions to Termination of Parental Rights
? 211.447

Even when grounds exist for termination of parental rights, the juvenile officer or the division is not required to file a petition to terminate the parental rights of the child's parent or parents if:

The child is being cared for by a relative.
There exists a compelling reason for determining that filing such a petition would not be in the best interest of the child, as documented in the permanency plan.
The family of the child has not been provided the services required for making reasonable efforts to preserve the family.



Who Must Consent to an Adoption
Citation: ? 453.030


The mother
Only the man who is presumed to be the father, if he has acted to establish paternity no later than 15 days after the birth of the child, or has filed with the putative father registry
The child's current adoptive parents or other legally recognized parent



When Parental Consent is not Needed
Citation: ? 453.040
A parent:

Whose rights have been terminated
Whose identity is unknown
Who has been found incompetent
Who has abandoned or failed to support or care for the child



How Consent Must Be Executed
Citation: ? 453.030

Consent must be acknowledged before a notary public, or have the consenting person's signature witnessed by two adults.


Revocation of Consent
Citation: ? 453.030


Consent may be withdrawn at any time until it is reviewed and accepted by the judge.
Case law states that consent is irrevocable absent fraud, duress, or coercion.



Who May Adopt
Citation: Ann. Stat. ? 453.010
The following persons may adopt:

Any person, regardless of residence
A person who petitions jointly with his or her spouse


Who May Be Adopted
Citation: Ann. Stat. ? 453.010

Any child may be adopted.



Who May Place a Child for Adoption
Citation: Ann. Stat. ? 453.014
The child may be placed by any of the following:

The Division of Family Services of the Department of Social Services
A licensed child-placing agency
The child's parent(s) without the direct or indirect assistance of an intermediary, in the home of a relative of the child within the third degree
An intermediary, including an attorney, physician, or clergyman