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Kansas Adoption Law and Statute
Chapter 59: Probate code
Article 21: Adoption
Sections: 11- 44
(This page was last updated on 08/16/13.)
59-2111: Citation of act. K.S.A. 59-2111 through 59-2143 shall be known and may be cited as the Kansas adoption and relinquishment act.
59-2112. Definitions. As used in K.S.A. 59-2111 through 59-2143:
(a) "Adult adoption" means the adoption of an individual who has attained the age of majority;
(b) "agency adoption" means the adoption of a minor child where an agency has the authority to consent to the adoption;
(c) "independent adoption" means the adoption of a minor child where the child's parent or parents, legal guardian or nonagency person in
loco parentis has the authority to consent to the adoption; but does not include a stepparent adoption;
(d) "stepparent adoption" means the adoption of a minor child by the spouse of a parent with the consent of that parent;
(e) "residence of a child" and "place where a child resides" means:
(1) The residence of the child's mother if the child's parents are not married;
(2) the residence of the child's father, if the father has custody and the child's parents are not married;
(3) the residence of the child's father if the child's parents are married; or
(4) the residence of the child's mother if the child's parents are married, but the child's mother has established a separate, legal residence and the
child resides with the mother;
(f) "agency" means any public or private entity organized pursuant to Kansas law, or organized pursuant to the laws of the jurisdiction where
located, having for its purpose the care and maintenance of children, being authorized to place children for adoption, consent to the adoption and to stand
in loco parentis to such children until they are adopted or reach majority; and
(g) "person in loco parentis" means an individual or organization vested with the right to consent to the adoption of a child pursuant to
relinquishment or an order or judgment by a district court of competent jurisdiction.
59-2113. Who may adopt. Any adult, or husband and wife jointly, may adopt any minor or adult as their child in the manner provided in K.S.A. 59-2111
through 59-2143, except that one spouse cannot do so without the consent of the other.
59-2114. Written consent required; acknowledgment; revocability of consent, when. (a) Consent shall be in writing and shall be acknowledged before a judge
of a court of record or before an officer authorized by law to take acknowledgments. If consent is acknowledged before a judge of a court of record, it
shall be the duty of the court to advise the consenting person of the consequences of the consent. A consent is final when executed, unless the consenting
party, prior to final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The
burden of proving the consent was not freely and voluntarily given shall rest with the consenting party.
(b) Consent in all cases shall have been executed not more than six months prior to the date the petition for adoption is filed.
59-2115. Consent or relinquishment; minor parent. Minority of a parent shall not invalidate a parent's consent or relinquishment, except that a minor
parent shall have the advice of independent legal counsel as to the consequences of the consent or relinquishment prior to its execution. The attorney providing
independent legal advice to the minor parent shall be present at the execution of the consent or relinquishment. Unless the minor parent is otherwise represented
by independent legal counsel, the petitioner or child placing agency shall provide independent legal counsel to the minor parent at such petitioner's or
child placing agency's sole expense.
59-2116. Same; time of execution. A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child.
Any consent or relinquishment given by the mother before 12 hours after the birth of a child is voidable, prior to the final decree of adoption.
59-2117. Same; execution and acknowledgment outside of state, in foreign country or by person in military service. (a) A consent or relinquishment executed
and acknowledged outside of this state, either in accordance with the law of this state or in accordance with the law of the place where executed, is valid.
(b) Where a consent or relinquishment is signed in a foreign country, the execution of the consent or relinquishment shall be acknowledged or affirmed
in accordance with the law and procedure of the foreign country.
(c) If the person signing a consent or relinquishment is in the military service of the United States, the execution of the consent or relinquishment
may be acknowledged before a commissioned officer and the signature of the officer shall be verified or acknowledged before a notary public or by such other
procedure as is then in effect for such division or branch of the armed forces.
59-2118. Effect of adoption; name; rights of child, parents. (a) Any person adopted as provided in K.S.A. 59-2111 through 59-2143, and amendments thereto,
shall assume the surname of the petitioner or petitioners for adoption, except that the court in its discretion may permit a different surname when requested
by the petitioner or petitioners. When requested by the petitioner or petitioners, the court, in its discretion, may change the given name or names of the
person adopted.
(b) When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent. The adoptive parent shall
be entitled to exercise all the rights of a birth parent and be subject to all the liabilities of that relationship. Upon adoption, all the rights of birth
parents to the adopted person, including their right to inherit from or through the person, shall cease, except the rights of a birth parent who is the
spouse of the adopting parent. An adoption shall not terminate the right of the child to inherit from or through the birth parent.
59-2119. Report of adoption. The district court shall report the adoption to the state registrar of vital statistics.
59-2120. Interstate adoption; procedures. Interstate placements of children shall comply with the procedures contained in the interstate compact on
placement of children as set forth in K.S.A. 38-1202 and amendments thereto. Any professional providing services related to the placement of children for
adoption who fails to comply with the provisions of the interstate compact for the placement of children is guilty of a class C misdemeanor. For the purposes
of this section, "professional" means any person who receives payment or compensation for providing services related to the placement of children
for adoption.
59-2121. Payment for adoption; limitation; approval by court; criminal penalties. (a) Except as otherwise authorized by law, no person shall request,
receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption, other than:
(1) Reasonable fees for legal and other professional services rendered in connection with the placement or adoption not to exceed customary fees for
similar services by professionals of equivalent experience and reputation where the services are performed, except that fees for legal and other professional
services as provided in this section performed outside the state shall not exceed customary fees for similar services when performed in the state of Kansas;
(2) reasonable fees in the state of Kansas of a licensed child-placing agency;
(3) actual and necessary expenses, based on expenses in the state of Kansas, incident to placement or to the adoption proceeding;
(4) actual medical expenses of the mother attributable to pregnancy and birth;
(5) actual medical expenses of the child; and
(6) reasonable living expenses of the mother which are incurred during or as a result of the pregnancy.
(b) In an action for adoption, a detailed accounting of all consideration given, or to be given, and all disbursements made, or to be made, in connection
with the adoption and the placement for adoption shall accompany the petition for adoption. Upon review of the accounting, the court shall disapprove any
such consideration which the court determines to be unreasonable or in violation of this section and, to the extent necessary to comply with the provisions
of this section, shall order reimbursement of any consideration already given in violation of this section.
(c) Knowingly and intentionally receiving or accepting clearly excessive fees or expenses in violation of subsection (a) shall be a severity level 9,
nonperson felony. Knowingly failing to list all consideration or disbursements as required by subsection (b) shall be a class B nonperson misdemeanor.
59-2122. Files and records of adoption. (a) The files and records of the court in adoption proceedings shall not be open to inspection or copy by persons
other than the parties in interest and their attorneys, and representatives of the state department of social and rehabilitation services, except upon an
order of the court expressly permitting the same. As used in this section, "parties in interest" shall not include genetic parents once a decree
of adoption is entered.
(b) The department of social and rehabilitation services may contact the adoptive parents of the minor child or the adopted adult at the request of
the genetic parents in the event of a health or medical need. The department of social and rehabilitation services may contact the adopted adult at the
request of the genetic parents for any reason. Identifying information shall not be shared with the genetic parents without the permission of the adoptive
parents of the minor child or the adopted adult. The department of social and rehabilitation services may contact the genetic parents at the request of
the adoptive parents of the minor child or the adopted adult in the event of a health or medical need. The department of social and rehabilitation services
may contact the genetic parents at the request of the adopted adult for any reason.
59-2123. Certain advertisements and offers relating to adopting and placing children prohibited; definitions. (a) Except as otherwise provided in this
section:
(1) No person shall advertise that such person will adopt, find an adoptive home for a child or otherwise place a child for adoption;
(2) no person shall offer to adopt, find a home for or otherwise place a child as an inducement to a woman to come to such person's maternity center
during pregnancy or after delivery; and
(3) no person shall offer to adopt, find a home for or otherwise place a child as an inducement to any parent, guardian or custodian of a child to place
such child in such person's home, institution or establishment.
(b) The provisions of subsection (a)(1) shall not apply to a licensed child placement agency operating as authorized by Kansas law or to the department
of social and rehabilitation services.
(c) As used in this section:
(1) "Advertise" means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast or electronic medium.
(2) "Person" means an individual, firm, partnership, corporation, joint venture or other association or entity.
(3) "Maternity center" means the same as provided in K.S.A. 65-502 and amendments thereto.
(d) Any person who violates the provisions of this section shall be guilty of a class C misdemeanor.
59-2124. Relinquishment of child to agency. (a) Any parent or parents or person in loco parentis may relinquish a child to an agency, and if the agency
accepts the relinquishment in writing, the agency shall stand in loco parentis to the child and shall have and possess over the child all rights of a parent
or legal guardian, including the power to place the child for adoption and give consent thereto.
(b) All relinquishments to an agency under K.S.A. 59-2111 through 59-2143, and amendments thereto, shall be in writing, in substantial conformity with
the form for relinquishment contained in the appendix of forms following K.S.A. 59-2143, and amendments thereto, and shall be executed by: (1) Both parents
of the child; (2) one parent, if the other parent is deceased or the other parent's relinquishment is found unnecessary under K.S.A. 59-2136, and amendments
thereto; or (3) a person in loco parentis.
(c) The relinquishment shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take
acknowledgments. If the relinquishment is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the relinquishing
person of the consequences of the relinquishment.
(d) Except as otherwise provided, in all cases where a parent or person in loco parentis has relinquished a child to the agency pursuant to K.S.A. 59-2111
through 59-2143, and amendments thereto, all the rights of the parent or person in loco parentis shall be terminated, including the right to receive notice
in a subsequent adoption proceeding involving the child. If a parent has relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-2143,
and amendments thereto, based on a belief that the child's other parent would relinquish the child to the agency, and such other parent does not relinquish
such child to the agency, the rights of such parent who has relinquished a child to the agency shall not be terminated. Upon such relinquishment, all the
rights of birth parents to such child, including their right to inherit from or through such child, shall cease.
(e) A parent's relinquishment of a child shall not terminate the right of the child to inherit from or through such parent.
59-2125. Application of K.S.A. 59-2126 through 59-2136. In addition to those requirements, where applicable, as set out in the provisions of K.S.A.
59-2111 through 59-2124, K.S.A. 59-2126 through 59-2136 shall apply to adoptions of minor children.
59-2126. Venue. (a) In an independent adoption venue shall be in the county in which the petitioner resides or in the county in which the child to be
adopted resides.
(b) In an agency adoption venue shall be:
(1) In the county in which the petitioner resides;
(2) in the county in which the child to be adopted resided prior to receipt of custody by the agency; or
(3) where the child placing agency is located.
(c) In a stepparent adoption venue shall be in the county in which the petitioner resides or where the child resides.
(d) If the petitioner resides upon or is stationed at a United States military post or reservation within this state, and the child to be adopted is
then residing with the petitioner, venue may be in the district court of the county in which the post or reservation is located, or in the district court
of any county located immediately adjacent to such county.
(e) Where the residence of the child, as defined in K.S.A. 59-2112, serves as the basis for venue, a sworn affidavit shall be filed with the petition
setting forth the factual basis for the child's residency.
59-2127. Jurisdiction. (a) A court of this state may not exercise jurisdiction over a proceeding for adoption of a minor if at the time the petition
for adoption is filed a proceeding concerning the custody or adoption of the minor is pending in a court of another state exercising jurisdiction substantially
in conformity with the uniform child custody jurisdiction act, or the uniform child custody jurisdiction and enforcement act, or this act unless the proceeding
is stayed by the court of the other state.
(b) If a court of another state has issued a decree or order concerning the custody of a minor who may be the subject of a proceeding for adoption in
this state, a court of this state may not exercise jurisdiction over a proceeding for adoption of the minor unless:
(1) The court of this state finds that the court of the state which issued the decree or order:
(A) Does not have continuing jurisdiction to modify the decree or order under jurisdictional prerequisites substantially in accordance with the uniform
child custody jurisdiction act, or the uniform child custody jurisdiction and enforcement act, or has declined to assume jurisdiction to modify the decree
or order, or
(B) does not have jurisdiction over a proceeding for adoption substantially in conformity with subsection (a)(l) through (4) or has declined to assume
jurisdiction proceeding for adoption; and
(2) the court of this state has jurisdiction over the proceeding.
(c) Before determining whether or not to exercise its jurisdiction the court may communicate with a court of another state and exchange information
pertinent to the assumption of jurisdiction by either court with a view to assuring that jurisdiction will be exercised by such court of another state and
that a forum will be available to the parties.
(d) If the court determines not to exercise its jurisdiction, it may dismiss the proceedings, or it may stay the proceedings upon condition that an
adoption proceeding be promptly commenced in another named state or upon any other conditions which may be just and proper.
59-2128. Petition for adoption; consents, background information, accounting, residency affidavit, filing. (a) A petition for adoption shall be filed by
the person desiring to adopt the child, and shall state the following information, if reasonably ascertainable, under oath:
(1) The name, residence and address of the petitioner;
(2) the suitability of the petitioner to assume the relationship;
(3) the name of the child, the date, time and place of the child's birth, and the present address or whereabouts of the child;
(4) the places where the child has lived during the last five years;
(5) the names and present addresses of the persons with whom the child has lived during that period;
(6) whether the party has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation
with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;
(7) whether the party knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating
to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of
the proceeding;
(8) whether the party knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights
of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons;
(9) whether one or both parents are living and the name, date of birth, residence and address of those living, so far as known to the petitioner;
(10) the facts relied upon as eliminating the necessity for the consent, if the consent of either or both parents is not obtained;
(11) whether the interstate compact on placement of children, K.S.A. 38-1201 et seq. and amendments thereto, and the Indian child welfare act, 25 U.S.C.
have been or will be complied with prior to the hearing.
(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until
the information is furnished.
(c) If the declaration as to any of the items described in subsection (a)(6) through (a)(9) is in the affirmative, the declarant shall give additional
information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters
pertinent to the court's jurisdiction and the disposition of the case.
(d) The petitioner has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.
(e) A petition filed in a step parent adoption shall not require a statement in compliance with the interstate compact on placement of children.
(f) The written consents to adoption required by K.S.A. 59-2129, and amendments thereto, the background information required by K.S.A. 59-2130, and
amendments thereto, the accounting required by K.S.A. 59-2121 and amendments thereto, and any affidavit required by K.S.A. 59-2126 shall be filed with the
petition for adoption.
59-2129. Consent. (a) Consent to an independent adoption shall be given by: (1) The living parents of the child; or
(2) one of the parents of the child, if the other's consent is found unnecessary under K.S.A. 59-2136; or
(3) the legal guardian of the child, if both parents are dead or if their consent is found to be unnecessary under K.S.A. 59-2136; or
(4) the court entering an order under subsection (c)(1)(B) of K.S.A. 38-1584 and amendments thereto; and
(5) the judge of any court having jurisdiction over the child pursuant to the code for care of children, if parental rights have not been terminated;
and
(6) the child sought to be adopted, if over 14 years of age and of sound intellect.
(b) Consent to an agency adoption shall be given by: (1) The authorized representative of the agency having authority to consent to the adoption of
the child; and
(2) the child sought to be adopted, if over 14 years of age and of sound intellect.
(c) The provisions of subsection (a) shall apply to consent in a stepparent adoption, except that subsections (a)(3) and (4) shall not apply.
(d) A consent given by a parent, legal guardian or agency shall be in substantial conformity with the form for consent contained in the appendix of
forms following K.S.A. 59-2143.
(e) A consent given by a legal guardian, judge or agency shall set forth the authority to execute the consent and shall be accompanied by documents
supporting that authority.
59-2130. Independent and agency adoptions; background information on adoptee and parents; filing; disclosure. (a) The following information shall be
filed with the petition in an independent or agency adoption: (1) A complete written genetic, medical and social history of the child and the parents;
(2) the names, dates of birth, addresses, telephone numbers, and social security numbers of each of the child's parents, if known;
(3) any hospital records pertaining to the child or a properly executed authorization for release of those records; and
(4) the child's birth verification, which shall include the date, time and place of birth and the name of the attending physician.
(b) The genetic, medical and social history required by this section shall be in conformity with the rules and regulations adopted by the secretary
of social and rehabilitation services and on forms provided by the secretary.
(c) If any information required to be filed under this section is not available, an affidavit explaining the reasons why it is not available shall be
filed with the petition for adoption.
(d) The secretary of social and rehabilitation services shall adopt rules and regulations establishing procedures for updating a child's genetic, medical
and social history if new information becomes known at a later date. The agency or person conducting the investigation under K.S.A. 59-2132 shall advise
in writing each of the child's biological parents, if known, of those procedures.
(e) Any employee or agent of the department of social and rehabilitation services, a child-placing agency or a district court who intentionally destroys
any information required to be filed under this section is guilty of a class C misdemeanor.
59-2131. Same; temporary orders. Pending the hearing in an independent or agency adoption, the court may make an appropriate order for the care and
custody of the child. If the court makes an order for placement in a home not licensed to provide such care, then the home shall first be assessed by a
person or agency authorized to make assessments under subsection (a) or (f) of K.S.A. 59-2132. In the absence of a preplacement assessment, the court may
make an order for placement in a home not licensed to provide for the care and custody of the child following an evidentiary hearing which shall include
testimony by the petitioners. Such hearing shall be heard and determined by the court as expeditiously as possible.
59-2132. Same; assessment, investigation and report; waiver. (a) Except as provided in subsection (h), in independent and agency adoptions, the court
shall require the petitioner to obtain an assessment by a court approved social worker licensed to practice social work in Kansas or by a licensed child-placing
agency of the advisability of the adoption.
(b) The petitioner shall file with the court, not less than 10 days before the hearing on the petition, a report of the assessment and, if necessary,
confirmation or clarification of the information filed under K.S.A. 59-2130, and amendments thereto.
(c) If there is no licensed social worker or licensed child-placing agency available to make the assessment and report to the court, the court may use
the department of social and rehabilitation services for that purpose.
(d) The costs of making the assessment and report may be assessed as court costs in the case as provided in article 20 of chapter 60 of the Kansas Statutes
Annotated and amendments thereto.
(e) In making the assessment, the social worker, child-placing agency or department of social and rehabilitation services is authorized to observe the
child in the petitioner's home, verify financial information of the petitioner, shall clear the name of the petitioner with the child abuse and neglect
registry through the department of social and rehabilitation services and, when appropriate, with a similar registry in another state or nation, shall determine
whether the petitioner has been convicted of a felony for any act described in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated, and
amendments thereto, or, within the last five years been convicted of a felony violation of the uniform controlled substances act, K.S.A. 65-4101 et seq.
and amendments thereto and, when appropriate, any similar conviction in another jurisdiction, and to contact the agency or individuals consenting to the
adoption and confirm and, if necessary, clarify any genetic and medical history filed with the petition. This information shall be made a part of the report
to the court. The report to the court by the social worker, child-placing agency or department of social and rehabilitation services shall include the results
of the investigation of the petitioner, the petitioner's home and the ability of the petitioner to care for the child.
(f) In the case of a nonresident who is filing a petition to adopt a child in Kansas, the assessment and report required by this section must be completed
in the petitioner's state of residence by a licensed social worker, a licensed child-placing agency or a comparable entity in that state and filed with
the court not less than 10 days before the hearing on the petition.
(g) The assessment and report required by this section must have been completed not more than one year prior to the filing of the petition for adoption.
(h) The assessment and report required by this section may be waived by the court upon review of a petition requesting such waiver by such child's grandparent
or grandparents or upon the court's own motion.
59-2133. Notice. (a) Upon filing the petition, the court shall fix the time and place for the hearing. The time fixed for the hearing may be any time
not less than 30 days nor more than 60 days from the date the petition is filed. The time fixed for the hearing may be extended by the court for good cause.
(b) In independent and stepparent adoptions notice of the hearing on the petition shall be given to the parents or presumed parents, unless parental
rights have been previously terminated, and any other persons as the court may direct. Notice also shall be given in an independent adoption to a legal
guardian of the child or individual in loco parentis.
(c) In an agency adoption notice of the hearing on the petition shall be given to the consenting agency unless waived.
(d) Notice given pursuant to this section shall not include a copy of the petition.
59-2134. Hearing. (a) Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination
of whether or not the court should exercise its jurisdiction as provided in K.S.A. 59-2127 offered by any interested party. If the adoption is granted,
the court shall make a final decree of adoption.
(b) If the adoption is denied, the court shall enter appropriate orders. Such orders may include an order giving temporary custody of the child to another
person or agency for a period not to exceed 30 days pending termination of the instant case or a new case being filed.
(c) The costs of the adoption proceedings shall be paid by the petitioner or as assessed by the court.
59-2135. Same; information to be provided to department of social and rehabilitation services. The clerk of each district court shall provide a copy
of the decree of adoption, a copy of the report of adoption required in K.S.A. 59-2119 and a copy of the information required in K.S.A. 59-2130 pertaining
to any adoption of a minor to the secretary of social and rehabilitation services. All information pertaining to adoptions of minors required to be provided
to the secretary of social and rehabilitation services shall be maintained by the secretary and shall be subject to disclosure to the same extent as files
and records of the court under K.S.A. 59-2122.
59-2136. Relinquishment and adoption; proceedings to terminate parental rights. (a) The provisions of this section shall apply where a relinquishment
or consent to an adoption has not been obtained from a parent and K.S.A. 59-2124 and 59-2129, and amendments thereto, state that the necessity of a parent's
relinquishment or consent can be determined under this section.
(b) Insofar as practicable, the provisions of this section applicable to the father also shall apply to the mother and those applicable to the mother
also shall apply to the father.
(c) In stepparent adoptions under subsection (d), the court may appoint an attorney to represent any father who is unknown or whose whereabouts are
unknown. In all other cases, the court shall appoint an attorney to represent any father who is unknown or whose whereabouts are unknown. If no person is
identified as the father or a possible father, the court shall order publication notice of the hearing in such manner as the court deems appropriate.
(d) In a stepparent adoption, if a mother consents to the adoption of a child who has a presumed father under subsection (a)(1), (2) or (3) of K.S.A.
38-1114 and amendments thereto, or who has a father as to whom the child is a legitimate child under prior law of this state or under the law of another
jurisdiction, the consent of such father must be given to the adoption unless such father has failed or refused to assume the duties of a parent for two
consecutive years next preceding the filing of the petition for adoption or is incapable of giving such consent. In determining whether a father's consent
is required under this subsection, the court may disregard incidental visitations, contacts, communications or contributions. In determining whether the
father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition for adoption, there shall
be a rebuttable presumption that if the father, after having knowledge of the child's birth, has knowingly failed to provide a substantial portion of the
child support as required by judicial decree, when financially able to do so, for a period of two years next preceding the filing of the petition for adoption,
then such father has failed or refused to assume the duties of a parent.
(e) Except as provided in subsection (d), if a mother desires to relinquish or consents to the adoption of such mother's child, a petition shall be
filed in the district court to terminate the parental rights of the father, unless the father's relationship to the child has been previously terminated
or determined not to exist by a court. The petition may be filed by the mother, the petitioner for adoption, the person or agency having custody of the
child or the agency to which the child has been or is to be relinquished. Where appropriate, the request to terminate parental rights may be contained in
a petition for adoption. If the request to terminate parental rights is not filed in connection with an adoption proceeding, venue shall be in the county
in which the child, the mother or the presumed or alleged father resides or is found. In an effort to identify the father, the court shall determine by
deposition, affidavit or hearing, the following:
(1) Whether there is a presumed father under K.S.A. 38-1114 and amendments thereto;
(2) whether there is a father whose relationship to the child has been determined by a court;
(3) whether there is a father as to whom the child is a legitimate child under prior law of this state or under the law of another jurisdiction;
(4) whether the mother was cohabitating with a man at the time of conception or birth of the child;
(5) whether the mother has received support payments or promises of support with respect to the child or in connection with such mother's pregnancy;
and
(6) whether any man has formally or informally acknowledged or declared such man's possible paternity of the child.
If the father is identified to the satisfaction of the court, or if more than one man is identified as a possible father, each shall be given notice
of the proceeding in accordance with subsection (f).
(f) Notice of the proceeding shall be given to every person identified as the father or a possible father by personal service, certified mail return
receipt requested or in any other manner the court may direct. Proof of notice shall be filed with the court before the petition or request is heard.
(g) If, after the inquiry, the court is unable to identify the father or any possible father and no person has appeared claiming to be the father and
claiming custodial rights, the court shall enter an order terminating the unknown father's parental rights with reference to the child without regard to
subsection (h). If any person identified as the father or possible father of the child fails to appear or, if appearing, fails to claim custodial rights,
such person's parental rights with reference to the child shall be terminated without regard to subsection (h).
(h) When a father or alleged father appears and asserts parental rights, the court shall determine parentage, if necessary pursuant to the Kansas parentage
act. If a father desires but is financially unable to employ an attorney, the court shall appoint an attorney for the father. Thereafter, the court may
order that parental rights be terminated, upon a finding by clear and convincing evidence, of any of the following:
(1) The father abandoned or neglected the child after having knowledge of the child's birth;
(2) the father is unfit as a parent or incapable of giving consent;
(3) the father has made no reasonable efforts to support or communicate with the child after having knowledge of the child's birth;
(4) the father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the six months prior
to the child's birth;
(5) the father abandoned the mother after having knowledge of the pregnancy;
(6) the birth of the child was the result of rape of the mother; or
(7) the father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition.
In making a finding under this subsection, the court may disregard incidental visitations, contacts, communications or contributions. In determining
whether the father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition for adoption,
there shall be a rebuttable presumption that if the father, after having knowledge of the child's birth, has knowingly failed to provide a substantial portion
of the child support as required by judicial decree, when financially able to do so, for a period of two years next preceding the filing of the petition
for adoption, then such father has failed or refused to assume the duties of a parent.
(i) A termination of parental rights under this section shall not terminate the right of the child to inherit from or through the parent. Upon such
termination, all the rights of birth parents to such child, including their right to inherit from or through such child, shall cease.
59-2137. Application of K.S.A. 59-2138 through 59-2142. In addition to those requirements, where applicable, as set out in the provisions of K.S.A.
59-2111 through 59-2124, K.S.A. 59-2138 through 59-2142 shall apply to adult adoptions.
59-2138. Venue. Venue shall be in the county in which the petitioner or the adult to be adopted resides.
59-2139. Petition. (a) A petition for adult adoption shall be filed by the person desiring to adopt the adult and shall state: (1) The name, residence
and address of the petitioner;
(2) the name, residence, address and date of birth of the adult to be adopted;
(3) whether the petitioner or adult to be adopted is married and if so, the name, residence and address of the spouse;
(4) the facts showing the reasons for the adoption;
(5) whether one or both of the parents of the adult to be adopted are living and the name, residence and address of those living so far as known to
the petitioner or the adult to be adopted; and
(6) whether or not any change of name is requested.
(b) The written consents required by K.S.A. 59-2140, and amendments thereto, and the accounting required by K.S.A. 59-2121 shall be filed with the petition
for adoption.
59-2140. Consent. Before any adult is adopted consent to the adoption shall be given by: (a) The adult subject of the adoption or the legal guardian
of a disabled adult subject of adoption; and
(b) the spouse of the petitioner or the spouse's legal guardian if a disabled person.
59-2141. Notice and hearing. (a) The court, by order, shall fix a time and place for hearing on the petition. The hearing may be with or without notice
as the court shall direct and the court may hear the petition forthwith.
(b) The court may order that notice of the hearing be given to the parents of the adult subject of the adoption and shall require notice, unless waived,
to any consenting party.
59-2142. Copy of decree to former parent. The petitioner or attorney for the petitioner, if a decree of adoption is entered, shall mail a certified
copy of the decree to the former parent of the adult adoptee, if the parent has had no notice of the proceeding and, with reasonable diligence, can be located
for service by first-class mail. The petitioner or the attorney shall file proof of mailing with the court or shall file an affidavit setting forth the
reasons for noncompliance if the reasons are not evident from the verified pleadings on file. Failure to give the notice required by this section shall
not invalidate the adoption.
59-2143. Consent and relinquishment form. The form for consent and relinquishment to be utilized under the Kansas adoption and relinquishment act shall be set forth by the judicial council.
APPENDIX OF FORMS RELINQUISHMENT OF MINOR CHILD TO AGENCY __________ NOTICE TO PARENT OR PERSON IN LOCO PARENTIS:
This is an important legal document and by signing it you are permanently giving up all custody and other parental rights to the child named herein. You
are to receive a copy of this document.
__________
I, _______________, (mother, father, person in loco parentis) of __________________, a minor child, state:
The child was born on _________________ at (place of birth) at _____________ ___.m.
I reside at _____________, County of ___________ and State of _________________.
(If the relinquishment is by a person in loco parentis the relinquishment shall have attached documents supporting the person's authority to execute
the relinquishment.)
I am of the age of _____________ years and was born on ___________, ____.
(If the relinquishing person is a minor, the relinquishment should set forth that, prior to signing the relinquishment, the person has received legal
advice as to the relinquishment, from an attorney who does not represent the agency.)
I do hereby relinquish the child to (name of agency), which I understand will have full power and all the rights of a birth parent or legal guardian
over the child, including the power to place the child for adoption and give consent thereto.
I wish to and understand that by signing this relinquishment I do permanently give up all custody and other parental rights I have to such child, including
the right to receive notice of any subsequent adoption proceedings involving the child.
I have read and understand the above and I am signing it as my free and voluntary act.
Dated this _______________, at __________ ___.m.
_____________ (Parent or Person in loco parentis)
Certificate of Attorney for Relinquishing Minor Parent
I have fully explained that by signing this relinquishment ___________________ is permanently giving up all parental rights to the child and
(she) (he) has stated that such is (her) (his) intention and desire.
Dated _____________.
___________________ (Attorney)
ACKNOWLEDGMENT BEFORE JUDGE OF DISTRICT COURT
STATE OF ______________ )
) SS:
COUNTY OF _____________ )
I, __________________, Judge of ___________________ (name and location of court), certify that _______________,
known to me to be the same person whose name is subscribed to the foregoing relinquishment, appeared before me this day in person and acknowledged that
(she) (he) signed for such relinquishment as (her) (his) free and voluntary act, for the specified purpose.
I have fully explained that by signing such relinquishment (she) (he) is permanently giving up all parental rights to such child and (she) (he) has
stated that such is (her) (his) intention and desire.
Dated ___________, at __________ ___.m.
____________ JUDGE
ACKNOWLEDGMENT BEFORE NOTARIAL OFFICER
STATE OF ___________ )
) SS:
COUNTY OF __________ )
I, a notarial officer in and for the county and state aforesaid, certify that _________________ known to me to be the same person whose name
is subscribed to the foregoing relinquishment, appeared before me in person and acknowledged that the statements made in the foregoing relinquishment are
true.
Dated ______________, at ___________ ___.m.
____________________ (Signature of Notarial Officer)
(SEAL, if any)
____________________ Title (and Rank)
[My Appointment Expires: ____________]
ACCEPTANCE OF CHILD BY AGENCY:
I, the undersigned, on behalf of ___ (name of agency)___, do hereby accept custody of ________________, the above relinquished minor child.
__________
(Date) (Name and Title)
CONSENT TO ADOPTION OF MINOR CHILD ________________ NOTICE TO PARENT OR LEGAL GUARDIAN:
This is an important legal document and by signing it you are permanently giving up all custody and other parental rights to the child named herein, so
as to permit the child's adoption. You are to receive a copy of this document.
___________________
I, ____________, (mother, father, legal guardian) of ________________, a minor child, state:
The child was born on _______________at (place of birth) at ______________ ___.m.
I reside at ________________, County of ___________ and State of _______________.
(If the consent is by a legal guardian, the consent shall have attached documents supporting the guardian's appointment and the authority of the guardian
to execute the consent.)
I am of the age of _____________ years and was born on ___________________, ____.
(If the consenting person is a minor, the consent should set forth that, prior to signing the consent, the person has received legal advice as to the
consent, from an attorney who does not represent the petitioner for adoption.)
I do hereby consent and agree to the adoption of the child [(by _________________) or (and I do not require disclosure of the name or other
identification of the adopting parent or parents)].
I wish to and understand that by signing this consent I do permanently give up all custody and other parental rights I have to such child.
I have read and understand the above and I am signing it as my free and voluntary act.
Dated this _______________, at __________ ___.m.
________________ (Parent or Legal Guardian)
Certificate of Attorney for Consenting Minor Parent
I have fully explained that by signing this consent ________________ is permanently giving up all parental rights to the child and
(she) (he) has stated that such is (her) (his) intention and desire.
Dated _________________.
_____________ Attorney
ACKNOWLEDGMENT BEFORE JUDGE OF DISTRICT COURT
STATE OF ___________________ )
) SS:
COUNTY OF __________________ )
I,________________, Judge of ________________ (name and location of court), certify that ___________________,
known to me to be the same person whose name is subscribed to the foregoing consent, appeared before me this day in person and acknowledged that (she) (he)
signed such consent as (her) (his) free and voluntary act, for the specified purpose.
I have fully explained that by signing such consent (she) (he) is permanently giving up all parental rights to such child and (she) (he) has stated
that such is (her) (his) intention and desire.
Dated __________, at __________ ___.m.
____________ JUDGE
ACKNOWLEDGMENT BEFORE NOTARIAL OFFICER
STATE OF _____________ )
) SS:
COUNTY OF ____________ )
I, a notarial officer in and for the county and state aforesaid, certify that __________
, known to me to be the same
person whose name is subscribed to the foregoing consent, appeared before me in person and acknowledged that the statements made in the foregoing consent
are true.
Dated ___________________, at ___________ ___.m.
____________________ (Signature of Notarial Officer)
(SEAL, if any)
____________________ Title (and Rank)
[My Appointment Expires: ____________]
AGENCY CONSENT TO ADOPTION OF MINOR CHILD
___(Name of Agency)___, a (public)(private) entity having for its purpose the care and maintenance of children, is located in and authorized under the laws
of the state of __________________ to place children for adoption, consent to the adoption and to stand in loco parentis to such children until they are
adopted or reach majority.
__(Name of Agency)__ is vested with the right to consent to the adoption of __(Name of Child)__, a minor child born __(Date of Birth)__ at __(Place
of Birth)__ pursuant to [a relinquishment executed by (the parents of the child)(the person in loco parentis to the child)] [an order or judgment of the
________________ court of __________________ county, _________________, a court of competent jurisdiction]. Documents supporting the authority to execute
this consent are attached hereto.
__(Name of Agency)__ does hereby consent to the adoption of __(Name of Child)__ by ___________________ resident(s) of ____________ and does
hereby surrender said child to said person(s) for the purpose of adoption.
__(Name of Agency)__ has authorized __(Name of Authorized Representative)__ the undersigned, as the authorized representative to execute consents to
adoption on behalf of said agency.
__________
(Date) (Name and Title of
Authorized Representative)
ACKNOWLEDGMENT BEFORE NOTARIAL OFFICER
STATE OF ___________ )
) SS:
COUNTY OF __________ )
I, a notarial officer in and for the county and state aforesaid certify that _________________, known to me to be the same person whose name
is subscribed to the foregoing consent, appeared before me in person and acknowledged that the statements made in the foregoing consent are true.
Dated __________________, at ___________ ___.m.
____________________ (Signature of Notarial Officer)
(SEAL, if any)
____________________ Title (and Rank)
[My Appointment Expires: ____________]
History: L. 1990, ch. 145, § 33; July 1.
59-2144. Foreign adoption; filing documents with the clerk of the district court; birth certificate. (a) When a Kansas resident adopts a child in a
foreign country in accordance with the laws of the foreign country pertaining to relinquishment, termination of parental rights and consent to the adoption,
the decree of adoption or a similar document or documents which evidences finalization of the adoption in the foreign country, and evidence of lawful admission
into the United States, when filed with and entered in the records of the clerk of the district court of any county in this state, has the same force and
effect as if the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, was granted
in accordance with the provisions of the Kansas adoption and relinquishment act.
(b) When such decree or document is filed and entered, the adoptive parent or parents may request a birth certificate pursuant to K.S.A. 65-2423, and
amendments thereto.
(c) This section shall be part of and supplemental to the Kansas adoption and relinquishment act.
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