Stepparent Adoption and Involuntary Termination of Parental Rights: When Petitioners Come to Court with Unclean Hands

Missouri courts have repeatedly been presented with situations where the petitioners for involuntary termination of parental rights and stepparent adoption have actively interfered with the non-custodial parent\u27s relationship and visitation rights with the child, prior to bringing the action. This Note contends that where the custodial parent and his/her new spouse have significantly interfered with the non-custodial parent\u27s relationship with the child, the equitable maxim of unclean hands should be invoked and the doors of the juvenile court closed to the petitioners seeking a termination of parental rights and stepparent adoption.6 Although adoption is a purely statutory action, it clearly involves the custody and welfare of children, and thus may be properly understood as inherently equitable in nature. Therefore, no doubt should exist as to the inherent power of the court to apply equitable doctrines in adoption cases.\u2