Domestic Relations : Adoption – Denial Of Petition – Incapacitated Adult

Where plaintiffs challenged the trial court’s denial of their petition to adopt an incapacitated and disabled adult, the court did not err in requiring clear and convincing evidence to support the adoption because a higher standard than preponderance of evidence was necessary to protect the significant interests of a handicapped adult, and the court properly considered whether adoption was in the man’s best interest since it might cut off his relationship with his biological parent, and the denial of the petition is affirmed because the court did not misapply the law in its findings.

Judgment is affirmed.

In Re: the adoption of Carl Lee DeBrodie v. Allen (MLW No. 67076/Case No. WD77236 – 20 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Cole County, Beetem, J. (Daniel Ray Dunham, Columbia, for appellants) (Mary Wehrheim and Elizabeth K. Magee, Columbia, for respondents).

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