While considering the adoption of a child can be extremely exciting, it also can lead to a significant amount of uncertainty and confusion about the legal process. Accordingly, the following is a list of the most common questions asked about the legalities associated with adopting a child in Kansas. While the summary is not exhaustive, it does provide you with some of the basic tools necessary to help you know what to expect when initiating the adoption process in Kansas. These frequently asked questions, or FAQs, are as follows:
In Kansas, what documentation do I need to submit to the court to start the adoption process?
To initiate an adoption case in the State of Kansas, the following information must be submitted to the court:
- Petition for Adoption
- Financial statements
- Home study report
- Adoption consent form
- Genetic & medical history
How long will it take to finalize the adoption?
Although it depends upon the individual facts of each case, the final hearing on a Kansas adoption proceeding is typically held between 30 to 60 days after the filing of the petition.
What occurs between the time when my petition for adoption is filed and the final hearing is held?
Under Kansas law, a designated social worker will visit your home in order to conduct a “home study”. A homes study is an extensive investigation of the fitness of a family to adopt a child, and includes a verification of employment, criminal background check, a review of references from family and friends, and a health assessment of all family members. Once the study is complete, a report is submitted to the court which summarizes the social worker’s conclusions regarding your fitness to adopt a child.
What should I expect during the hearing process?
If your case is uncontested, you will likely be asked a number of questions regarding your adoption intentions that should not take longer than 30 minutes. However, if your case is being challenged, than the process could take much longer and depends upon the nature of the issues raised by the opponent.
When should I expect to receive the final adoption decree?
Typically, the court should provide you with your decree on the day of your final adoption hearing.
How do I obtain a birth certificate for my child once the adoption process is complete?
In Kansas, a Report of Adoption along with the adoption decree will be provided to the judge for signature and completion. These documents are then sent to Topeka, Kansas to be processed. Within 30 to 45 days, you should receive a proof of processing that must be signed and returned. Your birth certificate will then be sent to you shortly thereafter. Keep in mind that if your child was born out of state, then the Report of Adoption and final decree will be sent to his or her birth state for processing. That state will then issue the child’s birth certificate.
Can the child’s birth parents withdraw their consent for adoption within a certain period of time after the proceeding is finalized?
While each state differs, there is no such right for birth parents to withdraw their consent for adoption in Kansas.
For more information or if you are considering the adoption of a child, contact my office today to learn more about your rights and responsibilities. I am a highly experienced Kansas adoption lawyer who has the skills necessary to fight for your rights and help you option the results you deserve. I look forward to providing you with superior legal representation.
