Kansas adoption laws are codified in the Kansas Probate Code, Kansas Statutes Annotated, K.S.A., Chapter 59, Article 21. These statutory provisions set forth the manner in which the rights of the birth parents are terminated, the procedures prospective adoptive parents take before the adoption and the actual judicial process itself.
Consent by Birth Parents
A birth mother and father can voluntarily consent to an adoption, which includes the relinquishment of parental rights, according to K.S.A. Chapter 59, Article 2116. A consent must be signed in front of a notary public or a judge. A biological mother cannot sign a consent until at least 12 hours elapse from the time of the birth. If the birth father does not provide any type of support during the course of the pregnancy for the birth mother, his parental rights can be terminated absent his consent.
Home Study
Prospective adoptive parents must obtain a home study. The home study must be conducted by a licensed social worker of any degree. Other types of professionals can also conduct a home study, as set forth in K.S.A. Chapter 59, Article 2132. The home study includes a physical examination of the prospective adoptive parents' resident as well as interviews with the prospective adoptive parents. Background checks of the prospective adoptive parents are also a part of the home study process.
Monetary Considerations
Prospective adoptive parents can pay for the basic living expenses of the birth mother during the term of the pregnancy. Prospective adoptive parents can pay for medical expenses associated with the pregnancy and birth. All costs associated with the adoption proceedings, including attorney fees can also be paid by the prospective adoptive parents.
Judicial Proceedings
An adoption case is commenced by filing a petition in the probate division of the district or country court. A hearing on the petition for adoption must be held not less than 30 nor more than 60 days after the petition is filed, according to Kansas law.
Adult Adoption
Kansas law permits adult adoption. In other words, a person older than the age of 18 can be adopted by another adult or married adults in Kansas. For an adult adoption to proceed in Kansas, the person to be adopted must consent to the proceedings.
