Printable Format59-2114. Written consent required; acknowledgment; revocability of consent, when. (a) Consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If consent is acknowledged before a judge of a court of record, it shall be the duty of the court to inform the consenting person of the legal consequences of the consent. A consent is final when executed, unless the consenting party, prior to final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party.
(b) Consent in all cases shall have been executed not more than six months prior to the date the petition for adoption is filed.
History: L. 1990, ch. 145, § 4; L. 2018, ch. 118, § 4; July 1.
Source or Prior Law:
59-2102(c).
Law Review and Bar Journal References:
"Opening Minds to Open Adoption," Tammy M. Somogye, 45 K.L.R. 619 (1997).
"The Effect of Domestic Violence on Parental Rights in Kansas after In re Adoption of A.P.," Amy E. Wilbur, 39 W.L.J. 288 (2000).
CASE ANNOTATIONS
1. Whether natural mother's consent to adoption within 12 hours of birth is voidable before final decree entered examined. In re Adoption of J.H.G., 254 Kan. 780, 788, 792, 796, 869 P.2d 640 (1994).
2. Communication by attorney to client regarding time and location of trial are not protected by attorney-client privilege. In re Adoption of A.S., 21 Kan. App. 2d 714, 718, 907 P.2d 913 (1995).
3. Trial court finding that parent voluntarily consented to adoption supported by substantial competent evidence. In re J.A.B., 26 Kan. App. 2d 959, 966, 997 P.2d 98 (2000).
4. Trial court's denial of birth mother's motion to revoke consent to adoption affirmed. In re Adoption of Baby Girl T, 28 Kan. App. 2d 712, 21 P.3d 581 (2001).
5. Cited in adoption case; substantial compliance found with requirements of consent statute. In re Adoption of X.J.A., 284 Kan. 853, 166 P.3d 396 (2007).