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Yes, a stepparent in a same-sex marriage can pursue a stepparent adoption in Missouri. Missouri's adoption law, RSMo § 453.010, opens the door to "any person desiring to adopt," and it states no minimum age for the adopting person. Your petition goes to the Circuit Court, the juvenile division, in your county.
What the process looks like:
- Residency: Missouri has no minimum residency period for filing (RSMo § 453.010).
- Child's consent: If your child is 14 or older, the child's consent is part of the process (RSMo § 453.030).
- The other legal parent: The court looks at whether that parent consents or whether the situation meets Missouri's abandonment standard, which is 6 months (RSMo § 453.040). Every family's facts differ here. If the other parent is unknown, unreachable, or may object, ask an attorney about your specific case.
- Home study: Missouri waives the home study for stepparent adoptions (RSMo § 453.070).
- Background checks: Missouri requires a criminal background check for the stepparent, as part of its child-safety checks.
- Paperwork: Missouri requires specific forms and language, and the court expects them to be correct.
Timeline and cost: Stepparent adoptions in Missouri typically take about 3-6 months. Court filing fees generally run $200-$500, and the total typically comes to under $1,000. Attorney representation commonly costs $3,000-$5,000 or more.
Situations to confirm locally: Some questions depend on your family's facts, and the Circuit Court clerk in your county or a Missouri family law attorney can answer them for your case. They include:
- whether you need to be married to the child's parent before filing
- how the court handles a second-parent adoption for an unmarried couple
- how the court treats a child who was born through assisted reproduction or has a legal parent listed on a birth record
- any local county practices or document requirements
If you run into trouble in the process that you believe is unfair, write down what happened and speak with an attorney, or with a family law advocacy organization that works with LGBTQ+ families.
Why it matters: Adoption gives your child a legal relationship with you. Missouri families commonly pursue it for inheritance rights, medical decision authority, Social Security survivor benefits, and simpler insurance coverage.
Stepparent adoption in Missouri at a glance
- Court
- Circuit Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $200-$500
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- Missouri families we've helped
- 971
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