Printable Format59-2129. 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
(4) the court entering an order under K.S.A. 38-2270, and amendments thereto; and
(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.
(d) A consent given by a parent, legal guardian or agency shall be deemed sufficient if in substantial compliance with the form for consent set forth by the judicial council.
(e) A consent given by a legal guardian, judge or agency shall set forth the authority to execute the consent and shall be accompanied by documents supporting that authority.
History: L. 1990, ch. 145, § 19; L. 2005, ch. 101, § 4; L. 2006, ch. 200, § 103; January 1, 2007.
Source or Prior Law:
59-2102(a).
Law Review and Bar Journal References:
"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).
"Caring When a Parent Does Not - The State's Role in Child Welfare," Roberta Sue McKenna, 79 J.K.B.A. No. 7, 36 (2010).
CASE ANNOTATIONS
1. Whether father provided support during six-month period before child born retaining parental rights for adoption consent purposes examined. In re Adoption of Baby Boy B, 254 Kan. 454, 460, 866 P.2d 1029 (1994).
2. Termination of putative father's parental rights absent relinquishment to agency or adoption constitutes reversible error. In re J.A.C., 22 Kan. App. 2d 96, 100, 911 P.2d 825 (1996).
3. Standard to review parental termination action under subsection (d) when parent is incarcerated before adoption proceeding examined. In re Adoption of A.J.P., 24 Kan. App. 2d 891, 892, 953 P.2d 1387 (1998).
4. Cited; father failed to appear at adoption hearing because of mother's fraud; adoption not void under case facts. In re Adoption of A.A.T., 287 Kan. 590, 619, 196 P.3d 1180 (2008).