CONSENT TO ADOPTION IN KANSAS

Current Through March 2017

WHO MUST CONSENT TO AN ADOPTION

Citation: Ann. Stat. §§ 59-2129; 59-2136(d)

Consent to an independent adoption shall be given by:

• The living parents of the child
• One of the parents of the child if the other’s consent is found unnecessary under § 59-2136
• The legal guardian of the child if both parents are dead or if their consent is found to be unnecessary
• The court entering an order under § 38-2270
• 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

Consent to an agency adoption shall be given by the authorized representative of the agency having authority to consent to the adoption of the child.

In a stepparent adoption, if a mother consents to the adoption of a child who has a presumed father or a father for whom the child is a legitimate child, 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 2 consecutive years immediately prior to the filing of the adoption petition or is incapable of giving such consent.

CONSENT OF CHILD BEING ADOPTED

Citation: Ann. Stat. § 59-2129

Consent to adoption shall be given by the child sought to be adopted if the child is over age 14 and of sound intellect.

WHEN PARENTAL CONSENT IS NOT NEEDED

Citation: Ann. Stat. § 59-2136(d), (h)

If a mother desires to consent to the adoption of her 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 court may terminate the father’s parental rights upon a finding, by clear and convincing evidence, of any of the following:

• The father abandoned or neglected the child after having knowledge of the child’s birth.
• The father is unfit as a parent or incapable of giving consent.
• The father has made no reasonable efforts to support or communicate with the child.
• The father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the 6 months prior to the child’s birth.
• The father abandoned the mother after having knowledge of the pregnancy.
• The birth of the child was the result of rape of the mother.
• The father has failed or refused to assume the duties of a parent for 2 consecutive years immediately prior to the filing of the petition.

In making a finding whether parental rights shall be terminated, the court may:

• Consider and weigh the best interests of the child
• Disregard incidental visitations, contacts, communications, or contributions

As far as is applicable, the provisions also apply to the mother.

WHEN CONSENT CAN BE EXECUTED

Citation: Ann. Stat. §§ 59-2114; 59-2116

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.

Consent in all cases shall have been executed not more than 6 months prior to the date the petition for adoption is filed.

HOW CONSENT MUST BE EXECUTED

CITATION: ANN. STAT. §§ 59-2114; 59-2115

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.

Minority of a parent shall not invalidate a parent’s consent except that a minor parent shall have the advice of independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice to the minor parent shall be present at the execution of the consent. 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.

REVOCATION OF CONSENT

Citation: Ann. Stat. § 59-2114

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.

POSTADOPTION CONTACT AGREEMENTS BETWEEN BIRTH AND ADOPTIVE FAMILIES IN KANSAS

Current Through August 2018

WHAT MAY BE INCLUDED IN POSTADOPTION CONTACT AGREEMENTS?

This issue is not addressed in the statutes reviewed.

WHO MAY BE A PARTY TO A POSTADOPTION CONTACT AGREEMENT?

This issue is not addressed in the statutes reviewed.

WHAT IS THE ROLE OF THE COURT IN POSTADOPTION CONTACT AGREEMENTS?

This issue is not addressed in the statutes reviewed.

ARE AGREEMENTS LEGALLY ENFORCEABLE?

This issue is not addressed in the statutes reviewed.

HOW MAY AN AGREEMENT BE TERMINATED OR MODIFIED?

This issue is not addressed in the statutes reviewed.

RIGHTS OF UNMARRIED FATHERS IN KANSAS

Current Through August 2017

LEGAL DEFINITION OF ‘FATHER’

Citation: Ann. Stat. §§ 23-2205; 23-2208

The term ‘parent and child relationship’ means the legal relationship existing between a child and the child’s biological or adoptive parents on which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

A man is presumed to be the father of a child if:

• The man and the child’s mother are, or have been, married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated.
• Before the child’s birth, the man and the child’s mother have attempted to marry each other by a marriage solemnized in apparent compliance with law, although the attempted marriage is void or voidable, and:
  • If the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days after its termination.
  • If the attempted marriage is void, the child is born within 300 days after the termination of cohabitation.
• After the child’s birth, the man and the child’s mother have married, or attempted to marry, each other by a marriage, although the attempted marriage is void or voidable, and:
  • The man has acknowledged paternity of the child in writing.
  • With the man’s consent, he is named as the child’s father on the child’s birth certificate.
  • The man is obligated to support the child under a written voluntary promise or by a court order.
• The man notoriously or in writing recognizes paternity of the child, including, but not limited to, a voluntary acknowledgment.
• Genetic test results indicate a probability of 97 percent or greater that the man is the father of the child.
• The man has a duty to support the child under an order of support regardless of whether the man has ever been married to the child’s mother.

PATERNITY REGISTRY

This issue is not addressed in the statutes reviewed.

ALTERNATE MEANS TO ESTABLISH PATERNITY

Citation: Ann. Stat. §§ 23-2204; 23-2209

The State Registrar of Vital Statistics, in conjunction with the Department of Children and Families, shall review and, as needed, revise acknowledgment of paternity forms for use under §§ 23-2223 and 65-2409a. The acknowledgment of paternity forms shall include or have attached a written description of the rights and responsibilities of acknowledging paternity.

The written description of the rights and responsibilities of acknowledging paternity shall include the statement that an acknowledgment of paternity creates a permanent father and child relationship that can only be ended by court order.

A child, or any person on behalf of a child, may bring an action:

• At any time to determine the existence of a father and child relationship presumed under § 23-2208
• At any time until 3 years after the child reaches the age of majority to determine the existence of a father and child relationship that is not presumed under § 23-2208

When authorized under § 39-755 or 39-756, the department may bring an action at any time during a child’s minority to determine the existence of the father and child relationship. Any agreement between an alleged or presumed father and the mother or child does not bar an action under this section.

REQUIRED INFORMATION

This issue is not addressed in the statutes reviewed.

REVOCATION OF CLAIM TO PATERNITY

Citation: Ann. Stat. § 23-2209

If an acknowledgment of paternity pursuant to § 23-2204 has been completed, the man named as the father, the mother, or the child may bring an action to revoke the acknowledgment of paternity at any time up to 1 year after the child’s date of birth. The legal responsibilities, including any child support obligation, of any signatory arising from the acknowledgment of paternity shall not be suspended during the action, except for good cause shown.

If the person bringing the action was a minor at the time the acknowledgment of paternity was completed, the action to revoke the acknowledgment of paternity may be brought at any time up to 1 year after that person attains age 18, unless the court finds that the child is more than 1 year of age and that revocation of the acknowledgment of paternity is not in the child’s best interests.

The person requesting revocation must show, and shall have the burden of proving, that the acknowledgment of paternity was based upon fraud, duress, or material mistake of fact unless the action to revoke the acknowledgment of paternity is filed before the earlier of 60 days after completion of the acknowledgment of paternity or the date of a proceeding relating to the child in which the signatory is a party, including, but not limited to, a proceeding to establish a support order.

If an acknowledgment of paternity has been revoked, it shall not give rise to a presumption of paternity pursuant to § 23-2208. Nothing in this subsection shall prevent a court from admitting a revoked acknowledgment of paternity into evidence for any other purpose.

ACCESS TO INFORMATION

Citation: Ann. Stat. § 23-2204

Upon request, the state registrar shall provide a certified copy of the acknowledgment of paternity to an office providing title IV-D program services.

WHO MAY ADOPT, BE ADOPTED, OR PLACE A CHILD FOR ADOPTION IN KANSAS

Current Through December 2015

WHO MAY ADOPT

Citation: Ann. Stat. § 59-2113

The following persons may adopt:

• Any adult
• A husband and wife jointly

WHO MAY BE ADOPTED

Citation: Ann. Stat. § 59-2113

Any minor or adult may be adopted.

WHO MAY PLACE A CHILD FOR ADOPTION

Citation: Ann. Stat. §§ 59-2112; 59-2124

A child may be placed by any of the following:

• The child’s parent(s)
• The child’s legal guardian
• A person given authority to consent in loco parentis
• A child-placing agency

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