Consent to Adoption - Kansas

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Who Must Consent to an Adoption

Citation: Ann. Stat. §§ 59-2129; 59-2140

Consent to an independent adoption shall be given by the following:

  • The living parents of the child
  • One of the parents of the child if the other's consent is found unnecessary under § 59-2136
  • The legal guardian of the child if both parents are dead or if their consent is found to be unnecessary
  • The court entering an order under § 38-2270
  • The judge of any court having jurisdiction over the child pursuant to the code for care of children if parental rights have not been terminated

Consent to an agency adoption shall be given by the authorized representative of the agency having authority to consent to the adoption of the child.

Before any adult is adopted, consent to the adoption shall be given by the following:

  • The adult subject of the adoption or the legal guardian of a disabled adult subject of adoption
  • The spouse of the petitioner or the spouse's legal guardian if a disabled person

Consent of Child Being Adopted

Citation: Ann. Stat. § 59-2129

Consent to adoption shall be given by the child sought to be adopted if the child is over age 14 and of sound intellect.

When Parental Consent is not Needed

Citation: Ann. Stat. § 59-2136)

The court may terminate the father's parental rights and find the consent or relinquishment unnecessary upon a finding, by clear and convincing evidence, of any of the following:

  • The father abandoned or neglected the child after having knowledge of the child's birth.
  • The father is unfit as a parent or incapable of giving consent.
  • The father has made no reasonable efforts to support or communicate with the child.
  • The father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the 6 months prior to the child's birth.
  • The father abandoned the mother after having knowledge of the pregnancy.
  • The birth of the child was the result of rape of the mother.
  • The father has failed or refused to assume the duties of a parent for 2 consecutive years immediately prior to the filing of the petition.

In making a finding whether parental rights shall be terminated, the court may act as follows:

  • The court shall consider all the relevant surrounding circumstances.
  • The court may disregard incidental visitations, contacts, communications, or contributions.

As far as is applicable, the provisions also apply to the mother.

When Consent Can Be Executed

Citation: Ann. Stat. §§ 59-2114; 59-2116

Consent in all cases shall have been executed no more than 6 months prior to the date the petition for adoption is filed.

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.

A consent or relinquishment may be given by any father or possible father any time after the birth of a child. A consent may be given by any father or possible father before the birth of the child only if he has the advice of independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice shall be present at the execution of the consent.

How Consent Must Be Executed

Citation: Ann. Stat. §§ 59-2114; 59-2115

Consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If consent is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the consenting person of the consequences of the consent.

Minority of a parent shall not invalidate a parent's consent except that a minor parent shall have the advice of independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice to the minor parent shall be present at the execution of the consent. Unless the minor parent is otherwise represented by independent legal counsel, the petitioner or child-placing agency shall provide independent legal counsel to the minor parent at such petitioner's or child-placing agency's sole expense.

Revocation of Consent

Citation: Ann. Stat. § 59-2114

A consent is final when executed unless the consenting party, prior to final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party.