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Intricacies of Second-Parent and Stepparent Adoption in Kansas Discussed by Kanas Adoption Attorney

Intricacies of Second-Parent and Stepparent Adoption in Kansas Discussed by Kanas Adoption Attorney
October 30, 2015 James Greenier

There have recently been vast shifts in the rights of same-sex couples, which include the ability to legally adopt a child as a same-sex couple, or as a second-parent. Currently, all 50 states including Kansas allow same-sex married couples to adopt a child, however Kansas does not allow individuals in legally recognized same-sex relationships access to second-parent adoption. This ability applies in the prevalent instance where a same sex couple wishes to collectively adopt a child, or if one of the adults is the biological parent of the child, however their partner or spouse wishes to have equivalent legal parental rights as well.

In February of 2103, The Kansas Supreme Court ruled in favor of a same-sex couple, recognizing both individual’s parental rights, stating the child is better off with two legally established parents than one. The case involved two women in a relationship that collectively raised the child, yet were now separated and were facing a custody dispute. As such, the court further summated that their conclusion was not injurious to the public, and a child’s established parents should be those who care for him or her, not necessarily who they are biologically tethered to.

Legal Adoption Rights of a Second-Parent or Stepparent in Kansas

A clear distinction must be made between a stepparent and second-parent in order to broach the subject of adoption rights pertaining to each. Stepparent adoption laws require the couple be married, whereas second-parent laws do not. This distinction is vital considering Kansas law allows for stepparent adoption between same-sex couples, however second-parent adoption is not available in the state. Despite second-parent adoption being unavailable the court recognizes and upholds custody agreements or contracts between same-sex couples, therefore there may be other proactive options available.

Although biological parents automatically have established parental rights of a child, a second non-biological parent of a child does not. Despite the amount of time spent with the child, the relationship that has evolved or the deeply rooted bond the child and the second-parent have, legal rights must be requested and established through the court. Kansas has not made second-parent adoption available, and therefore same sex non-married couples must resort to other options to create the most similar yet available outcomes possible. For example, an experienced adoption and family law attorney can assist in creating a co-parenting plan or custody agreement between you and your partner that may act effectively in regard to care for the child.

Experienced Kansas Adoption Attorney Tom McDowell is Prepared to Answer Your Questions

A qualified adoption attorney who is familiar with the laws in Kansas, and can assist in navigating through the nuances of stepparent and second-parent adoption, can assist you in protecting your rights and the best interest of the child. Call Kansas Adoption Attorney Tom McDowell, at McDowell Chartered Legal Services today (316) 633-4322 to see how he can help you achieve your adoption goals today.