Overview of adoption laws in Kansas
Kansas Statutes Annotated (KSA) Chapter 59--Article 21 contains the statutory provisions governing adoptions in the Sunflower State. Kansas adoptions are pursued in the probate division of the district or county court in the jurisdiction where either the child or the prospective adoptive parents reside. The statutes set forth both the qualifications and the procedures for adoption.
Consent
The birth parents can consent to an adoption in Kansas. Through a consent to an adoption, a birth parent agrees to the termination of parental rights. Additionally, a birth mother cannot execute a consent form for at least 12 hours following the birth of the child, according to KSA 59-2116. A consent must be signed either in front of a judge or a notary public. The consent to an adoption is final once signed by a parent. The only manner in which a consent can be revoked in Kansas is if the birth parent demonstrates to a court that signing the document was not a free and voluntary act. The parent must present clear and convincing evidence to the court that the consent was not freely signed prior to the issuance of the final adoption decree. Clear and convincing evidence is deemed to be evidence that is more likely than not to be true.
Consent Unnecessary
The consent of the alleged birth father is not required if he did not provide support to the birth mother during the term of the pregnancy. To exert his parental rights in an adoption case in the state of Kansas, the birth father typically must demonstrate that he financially supported the birth mother during the pregnancy and assisted in paying medical bills associated with the pregnancy and the birth of the child. If the birth father reasonably did not know of the pregnancy, his ability to provide support during the pregnancy was impossible. In such a situation, he can attempt to exert his parental rights in adoption proceedings.
Payments
Kansas law places limitations on what a prospective adoptive parent (or parents) pay to a birth mother in anticipation of the adoption of a child. Permitted payments to the birth mother include legal fees and medical expenses of both the birth mother and the child. Additionally, prospective adoptive parents in Kansas can pay the reasonable living expenses of the birth mother during the term of the pregnancy.
Legal Representation
Kansas adoption laws and procedures are complex. Any individual involved in the adoption process is wise to consider retaining legal counsel. The Kansas Bar Association maintains a directory of attorneys in different practice areas, including adoption law. Contact the organization at
Kansas Bar Association
1200 S.W. Harrison
Topeka, KS 66621
785-234-3813
ksbar.org
Tags: birth mother, birth father, birth mother during, consent adoption, mother during, parental rights