§ 453.090 — Consequences of adoption — child defined.

Missouri § 453.090

• Jurisdiction: Missouri
• Title XXX: DOMESTIC RELATIONS
• Ch. 453: Adoption and Foster Care

Text

1.  When a child is adopted in accordance with the provisions of this chapter, all legal relationships and all rights and duties between such child and his natural parents (other than a natural parent who joins in the petition for adoption as provided in section 453.010 ) shall cease and determine.  Such child shall thereafter be deemed and held to be for every purpose the child of his parent or parents by adoption, as fully as though born to him or them in lawful wedlock.

2.  Such child shall be capable of inheriting from, and as the child of, his parent or parents by adoption as fully as though born to him or them in lawful wedlock and, if a minor, shall be entitled to proper support, nurture and care from his parent or parents by adoption.

3.  The parent or parents by adoption shall be capable of inheriting from and as the parent or parents of their adopted child as fully as though such child had been born to him or them in lawful wedlock, and, if such child is a minor, shall be entitled to the services, wages, control and custody of such adopted child.

4.  The adopted child shall be capable of inheriting from and taking through his parent or parents by adoption property limited expressly to heirs of the body of such parent or parents by adoption.

5.  The word "child" as used in this section, shall, unless the context hereof otherwise requires, be construed to mean either a person under or over the age of eighteen years.

Legislative History

(RSMo 1939 § 9614, A.L. 1947 V. II p. 213, A.L. 1982 H.B. 1171, et al.) Prior revisions: 1929 § 14079; 1919 § 1101 (1953) Children of daughter of testatrix who were adopted by other persons held not entitled to inherit from grandparent through natural mother and therefore could not be held pretermitted heirs. Miss. Valley Trust Co. v. Palms, 360 Mo.  610, 229 S.W.2d 675, distinguished on ground it involved construction of will and contrary statement held obiter. In re Furnish's Will, 363 Mo. 932, 254 S.W.2d 645. (1955) Will construed and words "descendants of a deceased child" of testator held to include an adopted child of testator's deceased son. Hayes v. St. Louis Union Trust Co. (Mo.), 280 S.W.2d 649. (1956) Descendant of child who was adopted by mother of deceased after her divorce from father of deceased held entitled to inherit from deceased as nephew of half-blood. Vreeland v. Vreeland (Mo.), 296 S.W.2d 55. (1958) Daughter adopted by testator's daughter in 1909 held to be entitled to share in distribution of remainder of trust estate to "lineal descendants" of testator under will executed in 1927 and where remainder vested in 1955 and such ruling did not render acts passed subsequent to testator's death and prior to vesting of remainder which qualified adopted daughter as lineal descendant violative of §§ 10 and 13 of Art. I of the Constitution. Commerce Trust Co. v. Weed (Mo.), 318 S.W.2d 289. (1975) Where child was adopted by mother's second husband the child was removed from the blood stream of his natural father was not entitled to take under a trust instrument providing for "natural or adoptive children" of the natural father.  Commerce Trust Company v. Duden (A.), 523 S.W.2d 97. (1977) Held, adoption does not prevent adopted child from being "heir of the body" for the purpose of taking the fee on the death of his natural parent who was a tenant in tail. See also dissent. Morris v. Ulbright (Mo.), 558 S.W.2d 660.