Who Must Consent to an Adoption According to Kansas
I try to write blog posts that provide prospective clients here in Kansas with a comprehensive understanding of the adoption process. Once people become involved in the adoption process, they frequently ask me questions about the “consent” process. “Consent” in this context is a term defining who can legally sever the child’s ties to his or her former parent so that the court can reattach those ties to the new, adoptive parents. Like so many legal questions, the answer is, “it depends.” It will depend on the child’s familial situation, his or her age, and the legal status of the biological parents. I provide you with the Kansas law and deeper analysis of each of these situations below.
If you are considering bringing a child into your life, you will need the assistance of an experienced adoption attorney. Hiring an experienced Kansas adoption attorney can help you avoid pitfalls that can cause tremendous heartache and headaches later, call McDowell Chartered at (316)-269-0746 to schedule an appointment.
Kansas’ Law Regarding Who Can Provide Consent for an Adoption
Before a child can be adopted in Kansas, the court must have evidence that the adoption is consented to. Obviously, “consent” does not always mean agreement in legal terms. Sometimes “consent” is obtained by terminating one or both of the parents’ parental rights. In those cases, they likely do not consent in the traditional or lay meaning of the word, but their “consent” is obtained legally through a termination proceeding. Here is the list of ways that consent can be lawfully demonstrated in Kansas. I attached the entire statute below if you want to read the less relevant parts that I omitted.
59-2129. Consent.
(a) Consent to an independent adoption shall be given by:
(1) The living parents of the child; or
(2) one of the parents of the child, if the other’s consent is found unnecessary under K.S.A. 59-2136, and amendments thereto; or
(3) the legal guardian of the child, if both parents are dead or if their consent is found to be unnecessary under K.S.A. 59-2136, and amendments thereto; or
…
(5) the judge of any court having jurisdiction over the child pursuant to the revised Kansas code for care of children, if parental rights have not been terminated; and
(6) the child sought to be adopted, if over 14 years of age and of sound intellect.
(b) Consent to an agency adoption shall be given by: (1) The authorized representative of the agency having authority to consent to the adoption of the child; and
(2) the child sought to be adopted, if over 14 years of age and of sound intellect.
(c) The provisions of subsection (a) shall apply to consent in a stepparent adoption, except that subsections (a)(3) and (4) shall not apply.
…
Voluntary “Consent”
A parent can voluntarily give up his or her parental rights. I see that commonly occur for two distinct types of parents. First, I see it with young women who make the difficult decision to put their children up for adoption through an adoption agency. In those cases, the adoption agency certifies that the mother voluntarily relinquished her parental rights. Sometimes the father is also involved in those relinquishments, but if the couple is unmarried his rights are often terminated through abandonment.
The second area where voluntary relinquishment occurs is in stepparent adoptions. In these situations, the custodial biological parent usually remarries, and there is little or no contact with or support from the other biological parent. In those cases, the custodial parent—or sometimes the child themselves, if they are older—requests that the non-custodial biological parent relinquish his or her rights so that a stepparent can adopt the child.
Involuntary “Consent”
As mentioned above, a person can be forced to relinquish their parental rights. In these situations, the state must demonstrate in court that the biological parent has either abused the child, failed to adequately provide food, clothing, shelter, or medical treatment, suffered from a mental condition that prohibits adequate parenting, or engaged in conduct or crimes that bar further safe contact with the child.
Once one or more of those behaviors has been proven against the biological parent, the court can terminate his or her parental rights. Once the state terminates the biological parents’ rights, the state is technically the child’s guardian and—through a social worker—can provide consent to an adoption.
Consent of the Child Being Adopted
Kansas, like just about all states, requires that the child consent to an adoption if they 14 years old or older. As a result, you will need to make sure that your teen child wants to be adopted by a stepparent if you are beginning the stepparent adoption process.
What Should I Do If I am Considering Adoption in Kansas?
Working with the help of an experienced Kansas adoption attorney can help you successfully navigate the adoption process. Having step-by-step guidance can speed up the process and allow you to sidestep issues that may seriously delay bringing a child into your home.
Call our caring full-service adoption law firm at (316)-269-0746 to set up an appointment in order to discuss any one of many types of adoption.
Source:
http://kslegislature.org/li_2014/b2013_14/statute/059_000_0000_chapter/059_021_0000_article/059_021_0029_section/059_021_0029_k/
