The Rights of Unmarried Parents - Kansas

Date: June 2022

Definitions

Citation: Ann. Stat. §§ 23-2205; 23-2208

The term 'parent and child relationship' means the legal relationship existing between a child and the child's biological or adoptive parents on which the law confers or imposes rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.

A person is presumed to be the other parent of a child if any of the following apply:

  • The child's parents are, or have been, married to each other, and the child is born during the marriage or within 300 days after the marriage is terminated.
  • Before the child's birth, the child's parents have attempted to marry each other in apparent compliance with law, although the attempted marriage is void or voidable, and either of the following apply:
    • If the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days after its termination.
    • If the attempted marriage is void, the child is born within 300 days after the termination of cohabitation.
  • After the child's birth, the child's parents have married, or attempted to marry, each other by a marriage, although the attempted marriage is void or voidable, and any of the following apply:
    • The alleged parent has acknowledged parentage of the child in writing.
    • With their consent, the person is named as the child's other parent on the child's birth certificate.
    • The other parent is obligated to support the child under a written voluntary promise or by a court order.
  • The other parent notoriously or in writing recognizes parentage of the child, including, but not limited to, a voluntary acknowledgment.
  • Genetic test results indicate a probability of 97 percent or greater that the person is the genetic parent of the child.
  • The person has a duty to support the child under an order of support regardless of whether they have ever been married to the child's birth parent.

Use of Parentage Registries

This issue is not addressed in the statutes reviewed.

Alternate Means to Establish Parentage

Citation: Ann. Stat. §§ 23-2204; 23-2209

The State Registrar of Vital Statistics, in conjunction with the Department of Children and Families, shall provide acknowledgment of parentage forms for use under §§ 23-2223 and 65-2409a. The acknowledgment of parentage forms shall include or have attached a written description of the rights and responsibilities of acknowledging parentage. The written description of the rights and responsibilities of acknowledging parentage shall include the statement that an acknowledgment of parentage creates a permanent parent and child relationship that can only be ended by court order.

A child, or any person on behalf of a child, may bring an action to do the following:

  • At any time to determine the existence of a parent and child relationship presumed under § 23-2208
  • At any time until 3 years after the child reaches the age of majority to determine the existence of a parent and child relationship that is not presumed under § 23-2208

When authorized under § 39-755 or 39-756, the department may bring an action at any time during a child's minority to determine the existence of the parent and child relationship. Any agreement between an alleged or presumed other parent and the birth parent or child does not bar an action under this section.

Required Information

This issue is not addressed in the statutes reviewed.

Revocation of Claim to Parentage

Citation: Ann. Stat. § 23-2209

If an acknowledgment of parentage pursuant to § 23-2204 has been completed, the person named as the other parent, the birth parent, or the child may bring an action to revoke the acknowledgment of parentage at any time up to 1 year after the child's date of birth. The legal responsibilities, including any child support obligation, of any signatory arising from the acknowledgment of parentage shall not be suspended during the action, except for good cause shown.

If the person bringing the action was a minor at the time the acknowledgment of parentage was completed, the action to revoke the acknowledgment of parentage may be brought at any time up to 1 year after that person reaches age 18, unless the court finds that the child is more than 1 year of age and that revocation of the acknowledgment of parentage is not in the child's best interests.

The person requesting revocation must show, and shall have the burden of proving, that the acknowledgment of parentage was based upon fraud, duress, or material mistake of fact unless the action to revoke the acknowledgment of parentage is filed before the earlier of 60 days after completion of the acknowledgment of parentage or the date of a proceeding relating to the child in which the signatory is a party, including, but not limited to, a proceeding to establish a support order.

If an acknowledgment of parentage has been revoked, it shall not give rise to a presumption of parentage pursuant to § 23-2208. Nothing in this subsection shall prevent a court from admitting a revoked acknowledgment of parentage into evidence for any other purpose.

Access to Information

Citation: Ann. Stat. § 23-2204

Upon request, the State registrar shall provide a certified copy of the acknowledgment of parentage to an office providing title IV-D program services.

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