Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Kansas may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Kansas child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Ann. Stat. § 59-2123(a)(1), (b)-(c)
No person shall advertise that such person will adopt, find an adoptive home for a child, or otherwise place a child for adoption. This provision shall not apply to a licensed child placement agency.
As used in this section, ''advertise'' means to communicate by newspaper, radio, television, handbills, placards or other print, or broadcast or electronic medium.
Use of Intermediaries/Facilitators
Citation: Ann. Stat. § 59-2123(a)(2)-(3)
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.
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 a child in such person's home, institution,
or establishment.
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 59-2121(a)
Reasonable fees for legal and other professional services
Actual expenses, including medical costs for the birth mother and the child
The birth mother's living expenses
Expenses incidental to the adoption
Birth Parent Expenses Not Allowed
Citation: § 59-2121(c)
Expenses that are clearly excessive are prohibited.
Fees for legal and professional services performed outside the State shall not exceed the customary fees for similar services performed within the State.
Allowable Payments for Arranging Adoption
Citation: § 59-2121(c)
Reasonable legal or professional fees and services, not to exceed customary fees of similar services by professionals, are permitted.
Fees for legal and professional services performed outside the State shall not exceed the customary fees for similar services performed within the State.
Knowingly and intentionally accepting clearly excessive fees is a felony.
Allowable Payments for Relinquishing Child
Citation: § 59-2121(a)
Except as authorized by law, no person shall request or receive any consideration in connection with an adoption.
Accounting of Expenses Required by Court
Citation: § 59-2121(b)
A detailed accounting of all disbursements made shall accompany the petition for adoption.
The court has the power to review and disapprove any payments deemed unreasonable.
Consent to Adoption
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 section 65
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.
Age When Consent of Adoptee is Considered or Required
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(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 interest 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.
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.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 59-2136
Notice of termination proceeding is given to every person identified as the father or possible father.
The court will determine if any man has formally or informally acknowledged or declared possible paternity.
If the putative father fails to appear, or if appearing, fails to claim custodial rights, parental rights shall be terminated.
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