If you are a mother who is considering or is already involved in the adoption process, you may have questions regarding your rights. A natural or biological mother may have certain rights before, during and after the adoption process. As a mother it is important to fully educate yourself on the details and nuances of adoption. Adoption can be an intricate and somewhat difficult process, however if you arm yourself with knowledge of the laws in Kansas, or have qualified assistance from an experienced Kansas Adoption Lawyer, you can obtain the confidence and information you need.
Mother’s Rights Before Adoption
First and foremost, a mother has the right to consent to an adoption. Once the choice to consent to an adoption has been made, a mother may also has the right to choose the type of adoption they wish to pursue for their child. There are varying types depending on your needs that would be most comfortable and suitable for you and your child. There are agency adoptions, independent adoptions, stepparent adoptions, open adoptions or relative (kinship) adoptions. Whether a relative is suitable to adopt the child, a mother has recently remarried and wishes for her new husband to become the child’s father, or there is a preference on the level of agency involvement, there is an applicable option available.
Consenting to an adoption also means the mother is voluntarily relinquishing and terminating her parental rights. According to Kansas law Article 21, section 59-2136, “…if a mother desires to relinquish or consents to the adoption of such mother’s 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.” It also states that if a child is over the age of fourteen (14) who is of sound intellect, their consent is required as well. It is also important to note that according to Kansas 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.”
Mother’s Rights During Adoption
Although you may not have the right to specifically choose who adopts your child, you can be assured there will be measures taken to ensure the suitability of the prospective parents. The law in Kansas states that a prospective adoptive parent must be 18 years old to adopt a child, and the statue usually maintains an informal “upper age limit” of around 40 years old. These general age boundaries help to maintain that the adults are mature, capable and are of a healthy age to care for appropriate childcare. The adult must also be able to pass a criminal background check, and must be able to show they have the financial means and consistency to care for a child. Most states also require a Home Study to be conducted. A Home Study analyzes the home, living environment and suitability of the prospective parents. This investigation is usually done by a licensed social worker or a state agency who will submit a report or recommendation to the court after the Home Study is complete.
Mother’s Rights After Adoption
Considering the rights of the birth mother must be legally terminated before an adoption can take place, a mother’s rights after adoption are incredibly limited if not non-existent. Adoption law is regulated by the state and each state has varying opinions on the matter. For instance some states state that after the baby is born a birth mother and birth father may be required to end her/his rights immediately after, whereas other states allow the ending of these rights only after a certain number of days have passed. It is important you are aware of the laws in Kansas or speak with an attorney who can clarify and provide insight as to specific adoption laws.
If you are seeking to adopt a child or you are a mother who is already in the adoption process, we are happy to provide you with further information or assistance. The process can be daunting, however our team of experienced team of Kansas Adoption Lawyers can make it easy and stress-free. Call a Kansas Adoption Lawyer at McDowell Chartered Legal Services today at (316) 633-4322, and see how we can successfully assist you in your adoption matter.