Do Biological Parents Have a Say in Stepparent Adoption?

The family dynamic in America is constantly evolving and changing, and with that the courts are seeing more requests for stepparent adoption. Along with these requests is the question of how much control a biological parent has over the adoption of their child by a stepparent. In Kansas, the court will allow the stepparent of a child to adopt under certain circumstances.

Biological Parental Consent

An adoption can usually only occur with the consent of the biological parents. Oftentimes the simplest approach to a stepparent adoption is if, for example, the biological mother consents to her new spouse adopting her child, and if the biological father of the child also consents. This consent is necessary and applicable if the child is either the legitimate or the presumed father of the child. To be considered a presumed father in Kansas, you must fall under certain criteria pertaining to your relationship with the mother and when the child was conceived.

A legitimate or presumed father does not always have the right to object nor is he required to consent if he has not maintained a consistent relationship with the child. If the father has failed or refuses to assume his required duties as a father for two consecutive years prior to the filing, the court will not require his consent for a stepparent adoption. If a father is aware of his child

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