Court Jurisdiction and Venue for Adoption Petitions - Kansas

Date: January 2022

Jurisdiction

Citation: Ann. Stat. § 38-2203

Subject to the Uniform Child Custody Jurisdiction and Enforcement Act, §§ 38-1336 through 38-1377, the district court shall have original jurisdiction over the placement of a child in any foster, preadoptive, and adoptive home.

Proceedings concerning any child who may be a child in need of care shall be governed by this code, except in those instances when the court knows or has reason to know that an Indian child is involved in the proceeding, in which case, the Federal Indian Child Welfare Act of 1978 applies. The Indian Child Welfare Act may apply to the placement of a child in any foster, preadoptive, and adoptive home and the placement of a child in a guardianship arrangement.

Venue

Citation: Ann. Stat. § 59-2126

In an independent adoption, venue shall be in the county in which the petitioner resides or in the county in which the child to be adopted resides.

In an agency adoption, venue shall be in any of the following:

  • The county in which the petitioner resides
  • The county in which the child to be adopted resided prior to receipt of custody by the agency
  • Where the child-placing agency is located

In a stepparent adoption, venue shall be in the county in which the petitioner resides or where the child resides.

If the petitioner resides upon or is stationed at a U.S. military post or reservation within this State, and the child to be adopted is then residing with the petitioner, venue may be in the district court of the county in which the post or reservation is located or in the district court of any county located immediately adjacent to such county.