Kansas Adoption Laws, Page 3
Consent Laws
Who Must Consent to an Adoption
Statute: § 59-2129- In an independent adoption:
- Living parents, or one parent if the other's consent is found unnecessary
- A legal guardian
- The court having jurisdiction
- In agency adoptions, an authorized representative of the agency may consent.
- Living parents, or one parent if the other's consent is found unnecessary
Age When Consent of Adoptee is Considered or Required
Statute: § 59-2129
- A child 14 years of age or older, if of sound intellect, must consent to the adoption.
When Parental Consent is not Needed
Statute: § 59-2136(h)
- The father:
- Has neglected or abandoned the child
- Has failed to contact or support the child
- Is unfit or incapable of consent
- Failed to support mother during pregnancy
- Abandoned the mother
- Raped the mother
- Failed to assume parental duties for 2 years
- As far as is applicable, the provisions also apply to the mother.
- Has neglected or abandoned the child
When Consent Can Be Executed
Statute: §§ 59-2114(b); 59-2116- The mother may not give consent until 12 hours after the child's birth. Consent must be executed not more than 6 months before an adoption petition is filed.
- Presumably, a father can consent at any time.
How Consent Must Be Executed
Statute: §§ 59-2114; 59-2115- Consent shall be in writing and acknowledged before a judge or authorized officer.
- A minor parent may consent, but must be provided with counsel prior to execution of consent, and counsel must be present when the consent is signed.
Revocation of Consent
Statute: § 59-2114
- A consent is final when executed unless the consenting party, prior to the final decree of adoption, proves by clear and convincing evidence that consent was not freely and clearly given.
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