Whether an adoption can be completed without parental consent or notice depends on the type of adoption and the unique issues in each case.
In a Missouri stepparent, relative, or other types of independent adoption, consent by a parent who has willfully abandoned the child or willfully, substantially, and continuously neglected to provide the child with necessary care and protection for a period of six months is not necessary. However, the parent must still be served with notice of the adoption proceeding.
Similarly, consent is not required by a parent who has previously consented to termination of their rights, a parent whose identity is unknown and cannot be determined at the time of the filing of the adoption matter, a parent who has been served with adoption proceeding documents but fails to respond within a certain amount of time, a man who has not been established or is not presumed to be the father and who executes a verified document denying paternity and other rights, or a parent whose mental condition has been proven to the court to render that parent unable to consent.
Don’t assume, however, that where a parent’s consent to termination of their rights is unnecessary, that parent is not entitled to notice of the adoption. that parent is still necessary. In many cases, even if the adoption can be completed without parental consent, a notice of the adoption proceeding remains a requirement in completing the adoption.
An experienced adoption attorney can evaluate the need for consent and notice based upon your unique situation. An adoption attorney at Paule, Camazine & Blumenthal, P.C. is happy to speak with you about your adoption case. Contact us today.