Questions About Adoptions

• How long does the adoption process take?
• Can my spouse adopt my child since the biological parent is not around?
• How do I get a home study completed?
• If my child is adopted in a foreign country as part of an international adoption will Missouri recognize the adoption?

• How long does the adoption process take?
• The length of the adoption process varies based on the situation. However, the Missouri statute requires that the adopting party have lawful and actual (physical) custody of the adoptive child for 6 months prior to granting the final adoption. Lawful custody can be requested when filing the petition for adoption and then obtained by court order.

• Can my spouse adopt my child since the biological parent is not around?
• Yes, but there are specific requirements for filing this type of adoption. This type of adoption is often called a step-parent adoption. The marriage to the step-parent would constitute the establishment of lawful and actual custody and allows the court to waive the 6 month waiting period before granting the final adoption. However, the issue of the requirement of needing consent or not from the biological parent would need to be addressed. You would not need the consent of the biological parent if by "not being around" he/she has willfully abandoned the child for 6 months prior to filing the petition if the child is older than 1 year old or for 60 days if under 1 year old and he/she has willfully, substantially, and continuously neglected to provide for the child. If the biological parent is willing to sign a consent, you may file their consent to terminating their parental rights. In a step-parent adoption, a home study report may be waived by the Court, but a criminal background check is required.

• How do I get a home study completed?
• A home study reports should be completed by a licensed agency or social worker. The Children's Division and Juvenile Office of the county in which the adoption is filed will have referrals for licensed agencies and social workers who are capable of completing a home study.

• If my child is adopted in a foreign country as part of an international adoption will Missouri recognize the adoption?
• If you participate in the adoption of your child in the foreign country and are issued an IR3 Visa the child is legally adopted under laws of the United States. Missouri will recognize the adoption and will issue a birth certificate through a recognition procedure which can be done two different ways depending on your needs. The first being an administrative procedure which allows a birth certificate to be issued without going to court. And secondly, if the child's name needs to be changed a judicial procedure would be required. If the parents do not participate in the adoption in the foreign country and the child is issued an IR4 Visa for the purpose of future adoption, you must do an adoption proceeding in Missouri to either adopt the child or through the judicial recognition proceedings.(back to top)