A Glimpse At Kansas Adoption Laws

Each state has its own set of adoption laws

Each state has its own set of adoption laws. Many are similar, but they should be carefully researched before a party enters into an adoption, either as a birth parent or adoptive parent. Kansas adoption, for example, has its own unique laws that must be followed. There are slight variances in how each of the Kansas counties handles the specific nuances of adoptions. While state statute takes precedence, county requirements must be followed as well. Here is a summary of just a few of the many laws regarding Kansas adoptions.

Approval

The issue of consent has several requirements and caveats. There are many issues which require a case-by-case determination regarding who must give consent for the adoption to take place. Unless numerous other caveats as structured in the state statutes are met; however, both parents giving up the child for adoption must give their consent. The consent cannot be given during a period that is less than 12 hours after the child's birth. Consent must be executed within 6 months of the date the adoption petition is filed. Children age 14 and older of sound intellect must give their consent to be adopted. Consent must be in writing and acknowledged before a judge in a court of record or an authorized officer of the court that can take acknowledgements. After consent is executed and therefore finalized, consent cannot be revoked unless the party in question can prove by clear and convincing evidence that permission was not given freely and voluntarily.

Records

Kansas adoption records can be located through the state's Department of Children and Family Services. An adopted adult may access all adoption file information about themselves, including the birth parents, who are frequently referred to as biological parents. Information that identifies the adoptive parents cannot be shared with the birth parents without the former's permission. In the case of an adult adoptee, that individual may give permission instead. The adopted child's birth certificate becomes sealed. Only the State Registrar can open this document by order of the court or at the request of the adult adoptee.

Access

In the event of a medical or health necessity, the Kansas Department of Social and Rehabilitation Services may contact the adoptive parents of a minor adoptee if one of the birth parents so requests. Social and Rehabilitation Services may contact the adult adoptee for any reason at the biological parent's request.

Parties

Any adult or husband and wife jointly may adopt. Any minor child or any adult is eligible to be adopted. One of many parties may place a child for adoption, including the child's parent or parents; a legal guardian or person given authority in the parents' place; or an agency permitted to place children.

by: Christine Harrell

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