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We divorced and remarried — can my spouse adopt my child now in Missouri?

2 min readHelping families since 2001Missouri
In this answer · 2 sections

Yes, your spouse can ask the Missouri Circuit Court to adopt your child as a stepparent. Missouri's adoption law (RSMo § 453.010) says "any person desiring to adopt" may petition, and it sets no minimum age for the adopting person. Whether your earlier divorce and remarriage affect your particular situation is a fact-specific question. The Circuit Court clerk in your county or an attorney can confirm that for you.

What matters most: Your spouse is the one petitioning, so the focus is on your current marriage, your child, and the child's other parent. The details of your history together are for the clerk or an attorney to address if they come up.

What Missouri requires:

  • Residency: Missouri has no minimum residency period (RSMo § 453.010).
  • Child's consent: Age 14 is the consent age (RSMo § 453.030). If your child is 14 or older, plan for their consent to be part of the process.
  • Home study: It is waived for stepparent adoptions (RSMo § 453.070), so you generally won't have to schedule one.
  • Background checks: The adopting stepparent should expect a criminal background check, plus a child abuse check.
  • Court: The petition is filed in the Circuit Court, and the case is heard in the juvenile division. Missouri has 115 counties, so the exact forms and local procedures depend on where you live.

The child's other parent: In most stepparent adoptions, this is the question that decides how the case goes. Missouri sets an abandonment period of 6 months (RSMo § 453.040). Whether the other parent must consent, or whether the circumstances meet that standard, depends on your facts. If the other parent is unknown, unreachable, or likely to object, speak with an attorney or the Circuit Court clerk before filing.

Timeline and cost: Stepparent adoptions in Missouri typically take 3-6 months. Court filing fees generally run $200-$500, and the total typical cost is under $1,000. Hiring an attorney for the whole process can run $3,000-$5,000+.

Your next steps:

  • Confirm your marriage documents are in order.
  • Gather your

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

Full Missouri guide →

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01Understand your situation

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02Check the state rules

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03Prepare with confidence

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Published by Douglas Brown & the StepParent Adoption 360 team

Adoption document specialists · 25+ years of experience · 34,000+ families helped.

Page layout updated . Individual answers have different research histories. This is general information; court requirements and individual circumstances can differ. Document preparation service, not a law firm.

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