211.444. Termination of parental rights upon consent of parent, when--execution of written consent--acknowledgment.
Termination of parental rights upon consent of parent, when--executionof written consent--acknowledgment.
211.444. 1. The juvenile court may, upon petition of the juvenileofficer or a child-placing agency licensed under sections 210.481 to210.536, RSMo, in conjunction with a placement with such agency undersubsection 6 of section 453.010, RSMo, or the court before which a petitionfor adoption has been filed pursuant to the provisions of chapter 453,RSMo, terminate the rights of a parent to a child if the court finds thatsuch termination is in the best interests of the child and the parent hasconsented in writing to the termination of his or her parental rights.
2. The written consent required by subsection 1 of this section maybe executed before or after the institution of the proceedings and shall beacknowledged before a notary public. In lieu of such acknowledgment, thesignature of the person giving the written consent shall be witnessed by atleast two adult persons who are present at the execution whose signaturesand addresses shall be plainly written thereon and who determine andcertify that the consent is knowingly and freely given. The two adultwitnesses shall not be the prospective parents. The notary public orwitnesses shall verify the identity of the party signing the consent.
3. The written consent required by subsection 1 of this section shallbe valid and effective only after the child is at least forty-eight hoursold and if it complies with the other requirements of section 453.030,RSMo.
(L. 1985 H.B. 366, et al., A.L. 1997 H.B. 343, A.L. 1998 S.B. 674, A.L. 2007 S.B. 84)CROSS REFERENCE:
Application of law to adoption petitions filed on or after August 28, 1997, RSMo 453.012
(1987) Termination of parental rights of father was not in the best interest of adopted child even though father consented to termination where father sought termination of parental rights pursuant to this section in order to be relieved of financial obligations toward child imposed on him by divorce decree. In Interest of B.L.G., 731 S.W.2d 492 (Mo.App.).