Kansas Adoption Laws
By Melissa McCall, J.D. | Legally reviewed by FindLaw Staff | Last reviewed September 16, 2024
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The most important thing to understand about adoptions is that they are a legal process. A judge must sign off on the adoption before you become the child's legal parent. For this reason, you should have some understanding of the adoption process. Each state or American territory establishes its own adoption laws or parameters. The Kansas Adoption and Relinquishment Act covers most adoptions in the State of Kansas.
This FindLaw article explores Kansas adoption laws.
Adoption Basics
Although adoption laws vary from state to state, all adoptions share a few basics. For example, you must research and determine the right type of adoption for you and the prospective adoptive family. You must find a child to adopt and complete a petition for adoption and possibly a home study. You will attend a finalization hearing before the court issues a final adoption decree.
Kansas Adoption Criteria
Like other states, Kansas has eligibility criteria for prospective adoptive parents that may differ based on the type of election. Kansas adoption eligibility criteria include the following:
- Be at least 18 years of age (21 for foster care adoptions)
- Be single or a married couple and adopting jointly
- Be at least 10 years older than the prospective adoptee for foster care adoption
Types of Adoptions
Kansas offers several types of adoptions to meet the needs of prospective adoptive families. They include:
- Domestic infant adoption
- Foster care adoptions
- International adoptions
- Stepparent adoption
- Adult adoption
Let's review these types of adoptions.
Domestic Infant Adoptions
You will likely rely on a private adoption agency to adopt an infant. Many of these adoption agencies work with a birth mother or birth parents who know they want to give their child up for adoption. They work with the birth mother to find prospective adoptive parents.
Foster Care Adoptions
Foster care aims to protect children and reunite them with their parents/family. But reunification doesn't always work, so the next step is adoption. The Kansas Department for Children and Families manages the foster care system. Often, foster parents will adopt a child in their care.
International Adoptions
In an international adoption, you adopt a child from a different country, which means you must follow the rules of that country. You must also follow applicable state or federal laws, including immigration laws. A child-placing agency specializing in international adoptions can help you navigate the process.
Stepparent Adoption
In stepparent adoptions, a spouse adopts their spouse's child. Like the other types of adoption, stepparent adoptions require termination of parental rights before the stepparent files the adoption petition. Also, if the minor child is 14 or older, the child must consent to the adoption.
Adult Adoption
It is never too late to find your forever family. In adult adoptions, you can adopt an adult (younger than you) into your family. The adult adoptee must consent to the adoption; they do not need their parent's consent.
Kansas Adoption Process
The first step in the adoption process is to determine what type of adoption you will pursue, which will determine your next steps. Most child-placing agencies require you to attend an information session to help you decide if adoption is right for you and your family. Depending on the type of adoption you pursue, you may have to pay a deposit.
After paying the deposit, the child-placing agency may conduct a background check. This often includes an adoption home study and a criminal background check. Once you find a prospective adoptee, you can file an adoption petition.
Kansas has adoption courts designed to hear adoption proceedings and protect the adoptee's best interests. Your adoption petition should include all relevant consents, including the birth parent's consent. The court will order an adoption hearing to help determine if placing a child with you is in that child's best interests.
If the court agrees the placement is in the child's best interests, it will schedule a finalization hearing. At the hearing, it will issue a final adoption decree and order a new birth certificate listing you as the birth parent(s).
Like most other states, Kansas has adoption courts specifically designed to hear adoption proceedings and protect the adoptee's best interests.
Adoption Laws in Kansas
The table below lists a few highlights of Kansas adoption law. While we strive to provide up-to-date information, you should also research these laws.
Code section | Kansas Statutes 59-21-28, et seq.: Adoption |
---|---|
Who may be adopted | Any person, adult with consent (if married, spouse's consent also) |
Age that child's consent needed | 14 years and older and of sound intellect |
Who may adopt? | Any adult or married partners jointly, except one spouse, cannot adopt without the consent of the other. |
Is home residency required before finalization of adoption? |
No. |
State agency/court | Dept. for Children and Families/District |
Statute of limitations to challenge | Not specified |
Get Legal Help
Adoptions are often complex, given the individuality of each adoption. A qualified Kansas adoption attorney can help you navigate Kansas's adoption laws. They are experts in this area of the law and can provide sound legal advice. Speak with an experienced Kansas adoption attorney today.
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