Service on parties, how accomplished--petitioners' names not to appearon copy of petition served with summons, when--right of appeal--waiverof service--putative father unknown, procedure.
453.060. 1. A writ of summons and a copy of the petition shall beserved on:
(1) Any person, agency, organization or institution whose consent tothe adoption is required by law unless such consent is filed in court;
(2) Any person whose consent to the adoption, according to theallegation of the petition for adoption, is not required for the reasonsset forth in subdivision (6) or (7) of section 453.040;
(3) Any person, agency, organization or institution, within orwithout the state, having custody of the child sought to be adopted under adecree of a court of competent jurisdiction even though its consent to theadoption is not required by law;
(4) The legally appointed guardian of the child;
(5) Any person adjudicated by a court of this state or another state,a territory of the United States or another country to be the father of thechild;
(6) Any person who has timely filed a notice of intent to claimpaternity of the child pursuant to section 192.016, RSMo, or anacknowledgment of paternity pursuant to section 193.087, RSMo.
2. Except as provided in this section and section 453.014, it is notnecessary to serve any person, agency, organization or institution whoseconsent is not required pursuant to the provisions of sections 453.030 to453.050.
3. If service of summons cannot be made in the manner prescribed insection 506.150, RSMo, then the service shall be made by mail orpublication as provided in section 506.160, RSMo.
4. Upon service, whether personal or constructive, the court may actupon the petition without the consent of any party, except that of a parentwhose consent is required by sections 453.030 to 453.050, and the judgmentis binding on all parties so served. Any such party has the right toappeal from the judgment in the manner and form provided by the civil codeof Missouri.
5. In all cases where the putative father is unknown, a search of theMissouri putative father registry shall be conducted to determine if a manhas filed or been registered with the registry. If such a man isdiscovered, service shall be carried out according to the provisions ofthis section.
6. Upon request, the court may order that the writ of summons andcopy of the petition required by this section may be served without thenames and addresses of the petitioners when the court deems it to be in thebest interests of the child.
(L. 1947 V. II p. 213 § 9610, A.L. 1959 H.B. 438, A.L. 1961 p. 343, A.L. 1982 H.B. 1171, et al., A.L. 1983 H.B. 749 merged with H.B. 713 Revision, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1121, et al. merged with H.B. 1554 Revision, A.L. 1988 H.B. 1052, A.L. 1995 H.B. 232 & 485 merged with S.B. 174, A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)
(1956) Where written consent of foster mother of child was filed but no notice was given nonresident foster father, whose address was unknown, the adoption was held valid in case determining right of descendant of adopted child to inherit from collateral relative (case does not state whether original foster parents had adopted child although this issue was in case and court ruled second adoption was proper). Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.
Service on parties, how accomplished--petitioners' names not to appearon copy of petition served with summons, when--right of appeal--waiverof service--putative father unknown, procedure.
453.060. 1. A writ of summons and a copy of the petition shall beserved on:
(1) Any person, agency, organization or institution whose consent tothe adoption is required by law unless such consent is filed in court;
(2) Any person whose consent to the adoption, according to theallegation of the petition for adoption, is not required for the reasonsset forth in subdivision (6) or (7) of section 453.040;
(3) Any person, agency, organization or institution, within orwithout the state, having custody of the child sought to be adopted under adecree of a court of competent jurisdiction even though its consent to theadoption is not required by law;
(4) The legally appointed guardian of the child;
(5) Any person adjudicated by a court of this state or another state,a territory of the United States or another country to be the father of thechild;
(6) Any person who has timely filed a notice of intent to claimpaternity of the child pursuant to section 192.016, RSMo, or anacknowledgment of paternity pursuant to section 193.087, RSMo.
2. Except as provided in this section and section 453.014, it is notnecessary to serve any person, agency, organization or institution whoseconsent is not required pursuant to the provisions of sections 453.030 to453.050.
3. If service of summons cannot be made in the manner prescribed insection 506.150, RSMo, then the service shall be made by mail orpublication as provided in section 506.160, RSMo.
4. Upon service, whether personal or constructive, the court may actupon the petition without the consent of any party, except that of a parentwhose consent is required by sections 453.030 to 453.050, and the judgmentis binding on all parties so served. Any such party has the right toappeal from the judgment in the manner and form provided by the civil codeof Missouri.
5. In all cases where the putative father is unknown, a search of theMissouri putative father registry shall be conducted to determine if a manhas filed or been registered with the registry. If such a man isdiscovered, service shall be carried out according to the provisions ofthis section.
6. Upon request, the court may order that the writ of summons andcopy of the petition required by this section may be served without thenames and addresses of the petitioners when the court deems it to be in thebest interests of the child.
(L. 1947 V. II p. 213 § 9610, A.L. 1959 H.B. 438, A.L. 1961 p. 343, A.L. 1982 H.B. 1171, et al., A.L. 1983 H.B. 749 merged with H.B. 713 Revision, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1121, et al. merged with H.B. 1554 Revision, A.L. 1988 H.B. 1052, A.L. 1995 H.B. 232 & 485 merged with S.B. 174, A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)
(1956) Where written consent of foster mother of child was filed but no notice was given nonresident foster father, whose address was unknown, the adoption was held valid in case determining right of descendant of adopted child to inherit from collateral relative (case does not state whether original foster parents had adopted child although this issue was in case and court ruled second adoption was proper). Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.
Service on parties, how accomplished--petitioners' names not to appearon copy of petition served with summons, when--right of appeal--waiverof service--putative father unknown, procedure.
453.060. 1. A writ of summons and a copy of the petition shall beserved on:
(1) Any person, agency, organization or institution whose consent tothe adoption is required by law unless such consent is filed in court;
(2) Any person whose consent to the adoption, according to theallegation of the petition for adoption, is not required for the reasonsset forth in subdivision (6) or (7) of section 453.040;
(3) Any person, agency, organization or institution, within orwithout the state, having custody of the child sought to be adopted under adecree of a court of competent jurisdiction even though its consent to theadoption is not required by law;
(4) The legally appointed guardian of the child;
(5) Any person adjudicated by a court of this state or another state,a territory of the United States or another country to be the father of thechild;
(6) Any person who has timely filed a notice of intent to claimpaternity of the child pursuant to section 192.016, RSMo, or anacknowledgment of paternity pursuant to section 193.087, RSMo.
2. Except as provided in this section and section 453.014, it is notnecessary to serve any person, agency, organization or institution whoseconsent is not required pursuant to the provisions of sections 453.030 to453.050.
3. If service of summons cannot be made in the manner prescribed insection 506.150, RSMo, then the service shall be made by mail orpublication as provided in section 506.160, RSMo.
4. Upon service, whether personal or constructive, the court may actupon the petition without the consent of any party, except that of a parentwhose consent is required by sections 453.030 to 453.050, and the judgmentis binding on all parties so served. Any such party has the right toappeal from the judgment in the manner and form provided by the civil codeof Missouri.
5. In all cases where the putative father is unknown, a search of theMissouri putative father registry shall be conducted to determine if a manhas filed or been registered with the registry. If such a man isdiscovered, service shall be carried out according to the provisions ofthis section.
6. Upon request, the court may order that the writ of summons andcopy of the petition required by this section may be served without thenames and addresses of the petitioners when the court deems it to be in thebest interests of the child.
(L. 1947 V. II p. 213 § 9610, A.L. 1959 H.B. 438, A.L. 1961 p. 343, A.L. 1982 H.B. 1171, et al., A.L. 1983 H.B. 749 merged with H.B. 713 Revision, A.L. 1985 H.B. 366, et al., A.L. 1986 H.B. 1121, et al. merged with H.B. 1554 Revision, A.L. 1988 H.B. 1052, A.L. 1995 H.B. 232 & 485 merged with S.B. 174, A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2004 H.B. 1453)
(1956) Where written consent of foster mother of child was filed but no notice was given nonresident foster father, whose address was unknown, the adoption was held valid in case determining right of descendant of adopted child to inherit from collateral relative (case does not state whether original foster parents had adopted child although this issue was in case and court ruled second adoption was proper). Vreeland v. Vreeland (Mo.), 296 S.W.2d 55.
