For same-sex couples in Missouri, building a family through adoption is both a joyful and sometimes legally complex journey. Even with nationwide marriage equality and broader recognition of LGBTQ+ parental rights, Missouri law still contains procedural hurdles and legal nuances that same-sex couples must navigate—especially when it comes to second-parent adoption. Understanding the process of Same-Sex Adoption in Missouri is crucial for prospective parents.
At Rogers Sevastianos & Bante, we’re committed to supporting families of all kinds and helping LGBTQ+ parents understand their rights, secure legal protections, and ensure peace of mind for the future.
Same-Sex Adoption in Missouri: Key Considerations
What is Second-Parent Adoption?
Second-parent adoption—also known as a co-parent or stepparent adoption—allows a non-biological parent in a same-sex relationship to adopt their partner’s child without terminating the rights of the biological parent. This process is essential for LGBTQ+ families because it provides the non-biological parent with full legal parental rights, including custody, visitation, and decision-making authority.
In opposite-sex marriages, legal parentage is often presumed for the non-birth parent. However, this is not always the case for same-sex couples in Missouri, especially when only one partner is the biological or adoptive parent. Second-parent adoption ensures both parents are equally recognized under the law.
Why is Second-Parent Adoption Important?
Even when both partners are raising a child together, and even if they are legally married, the non-biological parent in a same-sex couple may not automatically be recognized as a legal parent in Missouri. Without formal adoption:
- The non-biological parent may not have the right to make medical or educational decisions.
- If the biological parent becomes incapacitated or passes away, the non-biological parent could lose custody.
- In the event of separation or divorce, the non-biological parent may not be entitled to custody or visitation rights.
Second-parent adoption offers legal certainty and security to LGBTQ+ families.
Missouri Law and the Adoption Process for Same-Sex Couples
Missouri law permits second-parent adoptions, but the process can be intricate and varies by jurisdiction. The adoption generally requires:
- Consent of the Legal Parent – The biological or adoptive parent must agree to the adoption.
- Background Checks and Home Studies – Even in stepparent or second-parent adoptions, courts may still require home studies or background checks.
- Petition and Court Hearing – The non-biological parent must file a petition for adoption, and a court hearing will typically follow.
- Best Interests of the Child Standard – As in all adoption matters, the court will determine whether the adoption is in the child’s best interests.
It’s important to work with a knowledgeable attorney who can help you navigate this process efficiently and protect your family’s legal foundation.
The Impact of Marriage Equality
After the 2015 Supreme Court ruling in Obergefell v. Hodges, same-sex marriages must be treated equally to opposite-sex marriages. This means that in many cases, both spouses in a same-sex marriage are presumed to be legal parents of a child born during the marriage. However, this presumption can be challenged, particularly when only one spouse is genetically or legally related to the child.
Because Missouri does not have explicit statutory protections that automatically guarantee parental rights to a non-biological same-sex spouse, second-parent adoption remains the most reliable way to secure those rights—especially for families using assisted reproductive technology or surrogacy.
Our Guidance for Same-Sex Couples Pursuing Adoption
At Rogers Sevastianos & Bante, we recommend that LGBTQ+ couples take proactive steps to secure their parental rights. Whether you are planning a family or already raising children, legal adoption is a vital step in protecting your role as a parent—no matter what the future holds.
Our family law attorneys offer compassionate, inclusive, and experienced legal support for all types of families. We can guide you through the second-parent adoption process, assist with any required documentation or court proceedings, and help you ensure your parental rights are fully recognized.
Schedule a Consultation
If you’re a same-sex couple considering adoption or second-parent adoption in Missouri, we’re here to help. Our legal team can walk you through every step of the process and offer clear, honest advice tailored to your family’s needs.
Contact Rogers Sevastianos & Bante today to schedule a consultation and begin the process of securing your family’s future.
Disclaimer: The information in this blog is for general informational purposes only and does not constitute legal advice. Every legal situation is unique, and you should consult an attorney for personalized guidance on your specific circumstances.