ADOPTION CONSENT & RELINQUISHMENT AGREEMENT
(Missouri – § 453 et seq. RSMo)
[// GUIDANCE: This template is drafted to comply with Missouri adoption statutes (principally Mo. Rev. Stat. § 453.030) and current best-practice standards. All bracketed items must be customized. Remove guidance notes prior to execution.]
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions
- Representations & Warranties
- Covenants & Restrictions
- Default & Remedies
- Risk Allocation
- Dispute Resolution
- General Provisions
- Execution Block
1. DOCUMENT HEADER
1.1 Title. Adoption Consent & Relinquishment Agreement (this “Agreement”).
1.2 Parties.
(a) “Birth Parent(s)”: [LEGAL NAME(S)], residing at [ADDRESS].
(b) “Child”: [FULL LEGAL NAME], born [DATE OF BIRTH] in [CITY/COUNTY], Missouri.
(c) “Prospective Adoptive Parent(s)”: [LEGAL NAME(S)], residing at [ADDRESS].
1.3 Effective Date. The later of (i) the date this Agreement is executed before the Notary/Judge and (ii) forty-eight (48) hours after the Child’s live birth (“Effective Date”).
1.4 Governing Law & Venue. This Agreement is governed by the adoption laws of the State of Missouri (“Governing Law”) and any proceeding arising hereunder shall be brought exclusively in the Family Court Division of the [___] Circuit Court, State of Missouri (“Forum Court”).
2. DEFINITIONS
“Adoption Proceeding” – the action filed in the Forum Court seeking a Final Decree of Adoption for the Child.
“Final Decree” – the court order under Mo. Rev. Stat. § 453.080 formally granting the adoption.
“Counseling” – statutorily required or recommended pre-consent counseling conducted by a licensed professional pursuant to Mo. Rev. Stat. § 453.030.
“Revocation Petition” – a written motion filed by a Birth Parent seeking to set aside this Consent as permitted under Section 3.4.
[// GUIDANCE: Add or delete definitions to fit specific transaction.]
3. OPERATIVE PROVISIONS
3.1 Consent to Adoption. Each Birth Parent hereby unconditionally and irrevocably (except as expressly provided herein) consents to the adoption of the Child by the Prospective Adoptive Parent(s) pursuant to Mo. Rev. Stat. § 453.030.
3.2 Relinquishment of Parental Rights. Effective immediately upon entry of the Final Decree, each Birth Parent irrevocably relinquishes all parental rights, privileges, and obligations with respect to the Child, including but not limited to rights of custody, visitation, inheritance, and decision-making.
3.3 Timing Requirements.
(a) Acknowledgement. Each Birth Parent affirms that this Agreement is executed no sooner than forty-eight (48) hours after the Child’s live birth, as required by Mo. Rev. Stat. § 453.030(6).
(b) Pre-Execution Counseling. Each Birth Parent acknowledges having:
(i) received at least one (1) in-person Counseling session of not less than one (1) hour; OR
(ii) knowingly and voluntarily waived additional Counseling in writing.
3.4 Limited Revocation Right Prior to Final Decree. Under Missouri law, this Consent becomes final upon execution and filing, except that prior to the entry of the Final Decree a Birth Parent may petition the Forum Court to withdraw consent for “good cause shown” and only if the court finds the withdrawal is in the best interests of the Child. Each Birth Parent acknowledges understanding this limited statutory remedy and that no separate contractual right of revocation exists.
3.5 No Further Notice. Each Birth Parent waives service of process and any right to further notice of the Adoption Proceeding, except as otherwise mandated by Governing Law.
3.6 Consideration. Each Birth Parent acknowledges that no compensation, other than allowable expenses authorized by Mo. Rev. Stat. § 568.175, has been offered or received in exchange for this Consent.
4. REPRESENTATIONS & WARRANTIES
Each Birth Parent jointly and severally represents, warrants, and covenants to the Prospective Adoptive Parent(s) and the Forum Court that, as of the Effective Date:
4.1 Capacity. The Birth Parent is at least eighteen (18) years of age, of sound mind, and legally competent to execute this Agreement.
4.2 Sole & Complete Parental Rights. The Birth Parent is a legal parent of the Child with the authority to consent to adoption, and no prior court order restricts or terminates such rights.
4.3 Voluntariness. This Agreement is executed voluntarily, without duress, coercion, or undue influence, and after full opportunity to consult independent counsel.
4.4 Accuracy of Disclosures. All information provided in connection with this Consent is true, correct, and complete in all material respects.
4.5 Survival. The representations and warranties in this Section 4 survive execution of this Agreement and the entry of the Final Decree.
5. COVENANTS & RESTRICTIONS
5.1 Cooperation. Each Birth Parent shall execute any additional documents reasonably required to effectuate the Adoption Proceeding.
5.2 Non-Interference. Each Birth Parent shall not initiate or support any action or proceeding intended to obstruct, delay, or invalidate the Adoption Proceeding, except as permitted under Section 3.4.
5.3 Confidentiality. Except as required by Governing Law, each Birth Parent agrees to maintain the confidentiality of all identifying information regarding the Prospective Adoptive Parent(s).
6. DEFAULT & REMEDIES
6.1 Events of Default. Any breach of Section 5 shall constitute a default.
6.2 Remedies. In addition to any statutory remedies, the Prospective Adoptive Parent(s) may seek:
(a) specific performance;
(b) injunctive relief to maintain placement of the Child; and
(c) reimbursement of reasonable attorneys’ fees and costs incurred in enforcing this Agreement.
6.3 Limitation. Nothing in this Agreement shall be construed to limit the Forum Court’s authority to act in the best interests of the Child.
7. RISK ALLOCATION
7.1 Indemnification & Liability Caps. Pursuant to the Metadata Instructions, no indemnification or liability limitation provisions apply. Each Party’s exposure is governed solely by applicable law.
7.2 Force Majeure. Not applicable.
8. DISPUTE RESOLUTION
8.1 Governing Law. Missouri law governs all matters arising under or related to this Agreement.
8.2 Forum Selection. Exclusive jurisdiction and venue lie in the Family Court Division of the [___] Circuit Court, State of Missouri.
8.3 Arbitration. Not available for adoption matters under Missouri law; any disputes shall be resolved by the Forum Court.
8.4 Jury Waiver. Jury trial is unavailable in Missouri adoption proceedings; this Section is included for completeness only.
8.5 Injunctive Relief. The Parties expressly acknowledge the Forum Court’s authority to issue injunctive or other equitable relief to preserve the Child’s permanent placement and best interests.
9. GENERAL PROVISIONS
9.1 Entire Agreement. This Agreement constitutes the entire understanding among the Parties with respect to the subject matter hereof and supersedes all prior agreements, whether written or oral.
9.2 Amendments. No amendment or waiver of any provision shall be effective unless in writing and executed with the same formality as this Agreement.
9.3 Severability. If any provision is held unenforceable, the remaining provisions shall remain in full force, and the unenforceable provision shall be reformed to the minimum extent permitted by law.
9.4 Assignment. The rights and obligations of the Parties are personal and may not be assigned or delegated without written consent of all Parties and approval of the Forum Court.
9.5 Counterparts; Electronic Signatures. This Agreement may be executed in multiple counterparts, each of which is deemed an original, and all of which together constitute one instrument. Signatures delivered via facsimile, PDF, or any electronic signature platform approved by the Forum Court shall be deemed originals.
10. EXECUTION BLOCK
IN WITNESS WHEREOF, the Parties execute this Adoption Consent & Relinquishment Agreement as of the Effective Date.
10.1 Birth Mother
Signature: ______
Printed Name: [NAME]
Date: ___
10.2 Birth Father (if applicable)
Signature: ______
Printed Name: [NAME]
Date: ___
10.3 Acknowledgement by Prospective Adoptive Parent(s)
[// GUIDANCE: Not required by statute but often included for completeness.]
Signature: ______
Printed Name: [NAME]
Date: ___
10.4 NOTARIZATION / JUDICIAL CERTIFICATION
State of Missouri )
County of __ )
On this ___ day of ____, 20__, before me, the undersigned [Judge of the ___ Circuit Court / Notary Public], personally appeared the above-named Birth Parent(s), known to me (or satisfactorily proven) to be the person(s) whose name(s) are subscribed to the foregoing instrument, and acknowledged that they executed the same for the purposes therein contained, having been fully apprised of their legal rights and the consequences of execution.
[SEAL]
[Signature of Judge / Notary Public]
Print Name: _____
Commission Expires: ___
[// GUIDANCE: Missouri customarily requires TWO disinterested adult witnesses when the consent is executed before a notary public. If a judge takes the consent, witnesses are optional. Insert the following if using witnesses:]
10.5 Witness Attestation
We, the undersigned disinterested witnesses, declare under penalty of perjury that the Birth Parent(s) appeared before us, signed this Agreement voluntarily, and appeared to understand its contents.
Witness 1: ____ Date: _
Witness 2: ____ Date: _
[// GUIDANCE: Review local court rules for any additional forms (e.g., adoption consent affidavit) that must accompany this Agreement at filing.]