KANSAS

 Any person can adopt. A married couple must adopt jointly, unless the personseeking to adopt is the stepparent. In a stepparent adoption, the naturalparent, who is the spouse of the stepparent, does not have to join in theadoption.

Who Can Be Adopted?

 Any child or adult can be adopted.

Consent to Adoption

 The following persons must consent to the adoption:

 (1) both natural parents;

 (2) the adoptee, if over 14 years of age and of sound intellect;

 (3) one parent, if the other has failed to assume the duties of a parent for 2years;

 (4) the legal guardian, if both parents are deceased or have failed to assumethe duties of parent for 2 years;

 (5) the Department of Social and Rehabilitation Services, child-placingagency, or a person having legal custody, when parental rights have previouslybeen legally terminated or relinquished; and

 (6) the judge, if parental rights have not been terminated and the child is award of the court.

 The father's consent to the adoptions is not necessary if

 (1) he is not a ``presumed" father, his relationship has not beendetermined by a court, or he is not the legitimate father of the child; or

 (2) he voluntarily relinquished the child for adoption, then the mother shallfile a petition to terminate his parental rights.

 The court shall make efforts to identify who the father is by looking at anumber of factors, such as blood tests and whether he provides child support orwas married to the mother at the time of conception. If after determinationsare made the father fails to claim his rights to the child, his parental rightswill be terminated.

 If the father abandoned or neglected the child, is an unfit parent, has madeno reasonable efforts to support or communicate with the child, or the childwas born as a result of rape, his consent is unnecessary.

 Consent given and acknowledged before a judge is irrevocable. Consent not yetacknowledged may only be revoked if, prior to the final adoption decree, theconsenting party proves that the consent was not freely and voluntarily given.Consent given less than 12 hours after the birth, however, may be revoked priorto the final decree without a showing of involuntariness.

Confidentiality

 The court records in adoption proceedings are closed, except upon a courtorder. Sealed documents maintained by the State registrar may be opened onlyupon the demand of the adult adoptee or by court order. There are no provisionsin the law regarding disclosure of identifying information about the naturalparents. The Department of Social Services & Rehabilitation Services may,however, contact the biological parents in the event of a health or medicalneed and shall maintain a medical/health history of the child and thebiological parents on file.

Permissible Fees

 Except fees approved by the court, (e.g. related legal and medical expenses),no person shall request, receive, give, or offer to give anything of value inconnection with the adoption of a child.

Place of Adoption Hearing

 The hearing may take place in the county where the adoptive parents or adopteelive or where the child- placing agency that has custody is located.

Authority To Place Child

 Any licensed child-placing agency, including the Department of Social andRehabilitation Services, is authorized to place the child. ``Child placingagency" is defined as any corporation organized under the laws of theState and authorized by law to care for and surrender children.

Relative Adoption

 A court-ordered investigation is not required in the case of stepparentadoptions.

Advertisements

 No person or agency except a licensed child placement agency and theDepartment of Social and Rehabilitation Services shall advertise that they willadopt a child, find an adoptive home for a child, or place a child foradoption.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Kansas Bar Association
1200 Harrison Street
P.O. Box 1037
Topeka, KS 66601
(913) 234-5696

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