When considering adoption it is imperative that you sufficiently educate yourself or seek the guidance of an experienced adoption attorney. Adoption laws are regulated by the state; therefore there is no one unified set of laws across the nation governing the adoption process. This makes it very important to understand and have a deep knowledge of the applicable adoption laws specific to Kansas. You may be in the beginning stages of your research or you may feel seasoned in your understanding of adoption laws, definitions and procedures, however being as thorough as possible is essential. If you have questions regarding the different types of adoptions available, what a home study is, who can adopt a child in Kansas or what consent is required, this article or a Kansas adoption attorney can help.
Consent and Termination of Parental Rights
In order to legally adopt a child in Kansas there are two main things that are required, consent and termination of parental rights. As specifically stated in Kansas’s adoption laws “Any adult, or husband and wife jointly, may adopt any minor or adult as their child…except that one spouse cannot do so without the consent of the other.” (K.S.A. 59-2113) Consent is binding and sufficient when it is given in written form and acknowledged in front of the judge or a person authorized to take acknowledgements.
Once consent is received from the other parent, their rights must be legally terminated, no longer binding them to their child. This includes all rights afforded to them as a parent including custody, and also rids them of any obligations to the child such as child support. A parent’s rights may also be terminated involuntarily in a variety of ways if he or she is unable to be located or is non-responsive. The law states an abundance of nuances that may be applicable in subjective instances so it is necessary to research further or it can be helpful to speak with a Kansas adoption attorney.
Types and Effect of Adoption
There are a number of adoption options available based on a family’s needs and their wishes surrounding the adoption process. A family can proceed with an agency adoption or a private adoption, a domestic or international adoption, an infant or special needs adoption, or adoptions of many other varieties. Each type of adoption may have pros and cons and any type of interest should be thoroughly researched before proceeding.
The main effects of adoption include obtaining full legal parental rights, the child assuming the last name (surname) of the adoptive parents, and the child is entitled to the same personal and property rights as a birth child of the adoptive parent. (K.S.A. 59-2118)
Kansas Adoption Attorney Tom McDowell Can Answer Your Adoption Questions Today
For over 40 years Kansas Adoption Attorney Tom McDowell has successfully helped families grow through adoption. He understands the questions and concerns you may have and looks forward to helping you begin the process with ease. Call McDowell Chartered Legal Services today at (316) 633-4322 to see how we can help you grow your family today.