If you are considering adoption in Kansas, understanding the specific adoption laws in Kansas is very important considering each state has the ability to regulate its adoption statutes. It is common that each state has different variations in adoption laws when it comes to what type of consent is required, adoption cost regulations, putative father registries, and restrictions on parties who can adopt. Kansas has its own unique set of regulations, therefore it is recommended that you discuss your desire to adopt with a qualified Kansas Adoption Attorney early in the process to secure a deep level of understanding and familiarity. Your proactive knowledge of applicable and relevant state laws will also help you prevent any unwanted or undue delays and complications. Our goal at McDowell Chartered Legal is to help you adopt your child as quickly and efficiently as possible so you can begin to focus on the start of your new family and new beginnings.
Kansas Adoption Laws Regarding Consent
The Kansas Ann. Stat. §§ 59-2129; 59-2136(d) outlines the parties that must consent to an independent adoption and they are as follows:
- 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.
If you choose to proceed with an agency adoption the consent requirements rest with the authorized representative of the agency who has the authority to consent to the adoption of the child. If the child sought to be adopted is over the age of 14 and is of sound mind, their consent is also required.
In comparison, if the stepparent of a child wishes to proceed with adoption proceedings, the parameters may become slightly more intricate and involved. Kansas law states that in addition to the child’s mother, if a child has a presumed father, he must consent to the adoption as well. A caveat exists stating if 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 he may not have parental rights. If the presumed father is incapable of giving the required consent or is unable to be located, the adoption may proceed regardless. A father’s rights may also be terminated in the absence of consent if the court finds clear and convincing evidence of specified reasons to do so.
If You Wish to Adopt a Child in Kansas Call Kansas Adoption Attorney Tom McDowell Today
Each state has its own specific set of adoption laws and Kansas is no different. Call our Kansas Adoption Lawyer today at (316) 633-4322 to understand the laws in Kansas in order to properly begin and successfully move forward with your adoption today.