Completing Intercountry Adoptions Not Finalized Abroad - Kansas

Requirements for Completing the Adoption

Citation: Ann. Stat. §§ 59-2117(a); 59-2128; 59-2134

A consent or relinquishment, or document that is the functional equivalent of a Kansas consent or relinquishment, is valid if executed and acknowledged outside of this State or in a foreign country, either in accordance with the law of this State or in accordance with the law of the place where executed.

A petition for adoption shall be filed by the person desiring to adopt the child and shall state the following information, if reasonably ascertainable, under oath:

• The name, residence, and address of the petitioner
• The suitability of the petitioner to assume the relationship
• The name of the child; the date, time, and place of the child's birth; and the present address or whereabouts of the child
• The places where the child has lived during the last 5 years
• The names and present addresses of the persons with whom the child has lived during that period
• Whether the petitioner has participated, as a party, witness, or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any
• Whether the petitioner knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding
• Whether the petitioner knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons
• Whether one or both parents are living and the name, date of birth, residence, and address of those living, so far as known to the petitioner
• The facts relied upon as eliminating the necessity for the consent or relinquishment, if the consent or relinquishment of either or both parents is not obtained

Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination of whether or not the court should exercise its jurisdiction, offered by any party in interest. If the adoption is granted, the court shall enter a final decree of adoption, which terminates parental rights if not previously terminated.

Required Evidence/Documentation

Citation: Ann. Stat. §§ 59-2128; 59-2130

The written consents to adoption or any relinquishment, the background information required by § 59-2130, the accounting of expenses required by § 59-2121, and any affidavit required by § 59–2126 shall be filed with the petition for adoption.

The following information shall be filed with the petition in an independent or agency adoption:

• A complete written genetic, medical, and social history of the child and the parents
• The names, dates of birth, addresses, telephone numbers, and Social Security numbers of each of the child's parents, if known
• A properly executed authorization for release of any hospital records pertaining to the child
• The child's birth verification, which shall include the date, time, and place of birth and the name of the attending physician

The genetic, medical, and social history required by this section shall be in conformity with the rules and regulations adopted by the secretary for Children and Families and on forms provided by the secretary.

If any information required by this section is not available, an affidavit explaining the reasons why it is not available shall be filed with the petition for adoption.

Background Studies

Citation: Ann. Stat. § 59-2132

In independent and agency adoptions, the court shall require the petitioner to obtain an assessment of the advisability of the adoption by a court-approved licensed professional who has a minimum of 2 years of experience in adoption services.

In making the assessment, the investigator or the Kansas Department for Children and Families is authorized to observe the child in the petitioner's home. The investigator also shall do the following:

• Verify financial information of the petitioner
• Clear the name of the petitioner with the child abuse and neglect registry through the department and, when appropriate, with a similar registry in another State or nation
• Determine whether the petitioner has been convicted of a felony for any of the following:
  • A crime against a person, including homicide and assault
  • A sex offense, including sexual exploitation of a child
  • Child abuse or endangerment
  • A crime involving a controlled substance within the last 5 years
• Clarify any genetic and medical history filed with the petition, if necessary

This information shall be made a part of the report to the court. The report to the court shall include the results of the investigation of the petitioner, the petitioner's home, and the ability of the petitioner to care for the child.

Placement Supervision and Reporting

Citation: Admin. Regs. § 28-4-176

The agency worker shall establish a time schedule for visits to the adoptive family after the placement of a child in order to be able to make clear recommendations for the finalization of the adoption.

Effect of Adoption Decree on Parental Rights

Citation: Ann. Stat. § 59-2118

When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent. The adoptive parent shall be entitled to exercise all the rights of a birth parent and be subject to all the liabilities of that relationship. Upon adoption, all the rights of birth parents to the adopted person, including their right to inherit from or through the person, shall cease, except the rights of a birth parent who is the spouse of the adopting parent. An adoption shall not terminate the right of the child to inherit from or through the birth parent.

Obtaining a U.S. Birth Certificate

Citation: Ann. Stat. §§ 59-2119; 65-2423(b)

The district court shall report the adoption to the State Registrar of Vital Statistics.

For any child born in a foreign country but adopted in Kansas, the State registrar, upon request, shall complete and register a birth certificate upon receipt of a certified copy of the decree of adoption, the report-of-adoption form, and proof of the date and place of the child's birth. The certificate shall show the new name of the child, as specified in the decree of adoption, and such further information concerning the adopting parents, as may be necessary to complete the birth certificate. The certificate shall show the true country of birth and the date of birth of the child.