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Kansas’s LGBT and Second Parent Adoption Laws – Discussed by a Kansas Adoption Attorney

Kansas’s LGBT and Second Parent Adoption Laws – Discussed by a Kansas Adoption Attorney
February 29, 2016 LS_admin

Given the recent changes in laws regarding same sex marriage, many couples have questions about their ability to adopt a child as a same sex couple. According to the 2010 Census Bureau, of the 594,000 same-sex couple households in the United States, 115,000 have children. Everyday more single sex couples become parents and create healthy and happy home environments for children in need of loving parents. The legal procedure called Second Parent Adoption allows a same sex parent to adopt a child.

Considering adoption laws are subjective and regulated according to each state’s discretion, they can vary depending on which state you live in. With the evolution of same sex marriage laws, adoption is a relatively new concept for same sex couples and becomes increasingly more commonplace as time goes on. Currently, states that recognize comprehensive domestic partnerships or civil unions allow couples joined in these legal unions to utilize stepparent adoption procedures.

Same Sex Adoption Regulations and Limitations in Kansas

It is important to adequately educate yourself or speak to an experienced Kansas adoption attorney in order to understand your ability to adopt a child. Although in minority, some states have variances when it comes to limitations and regulations placed on same sex couple adoption. An experienced Kansas adoption attorney such as Tom McDowell will have sufficient knowledge on current laws and has proudly helped many couples create successful adoption plans.

According to Kansas’s adoption laws, the state of Kansas does permit single LGBT individuals to petition to adopt a child. The state of Kansas also permits a same-sex couple to jointly petition to adopt a child. There is also currently no explicit prohibition against a same-sex partner to petition to adopt partner’s child or child of the relationship. A 2012 case in Kansas ruled that Kansas does not permit second parent or co-parent adoption by unmarried couples. (Adoption of I.M., 48 Kan.App.2d 343 (Kan. Ct. App. Nov. 9, 2012)) In addition, laws have more recently stated that a person who has openly acknowledged themselves as a child’s parent, even if they are not a biological parent, may be able to obtain a parentage order in Kansas. (Frazier v. Goudschaal, 296 Kan. 730, 295 P.3d 542 (2013)) In order to understand your ability to adopt a child, it is recommended to discuss your matter with an experienced and knowledgeable Kansas adoption attorney.

Contact an Experienced Kansas Adoption Attorney Today to Discuss Your Matter

The continuous evolution of same sex couple and single parent adoption laws, and the ability for second parents to adopt, requires sufficient knowledge and understanding in order to proceed with an adoption. Kansas Adoption Attorney Tom McDowell has decades of experience helping families of all dynamics handle their adoption cases. Contact McDowell Chartered Legal Services today at (316) 633-4322 to see how we can develop an adoption plan that best suits you and your family’s needs.



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