Printable Format59-2133. Hearing; notice provided to certain persons, manner. (a) Upon filing the petition, the court shall fix the time and place for the hearing. The time fixed for the hearing shall be within 60 days from the date the petition is filed. The time fixed for the hearing may be extended by the court for good cause.
(b) Notice of the hearing on the petition shall be given to persons entitled to notice at least 10 days before the hearing. Persons who receive notice pursuant to this section shall not be made a party or granted standing based solely on the provision of such notice.
(c) Except as provided in subsection (d), notice of the hearing on the petition shall be given:
(1) In an independent or stepparent adoption, to:
(A) The parents, presumed parents or possible parents;
(B) any person who has physical custody of the child; and
(C) any legal guardian of the child;
(2) in a private agency adoption, to:
(A) The consenting agency;
(B) the parents, presumed parents or possible parents;
(C) any relinquishing person;
(D) any person who has physical custody of the child; and
(E) any legal guardian of the child; and
(3) in a public agency adoption, to the consenting agency.
(d) Notice of the hearing on the petition is not required to be given to:
(1) A person whose parental rights have been terminated by an order of a court of competent jurisdiction; or
(2) a person or agency that has waived in writing the right to receive notice.
(e) Notice of the hearing shall be by personal service, certified mail return receipt requested or in any other manner the court may direct. Notice given pursuant to this section shall not include a copy of the petition.
History: L. 1990, ch. 145, § 23; L. 2013, ch. 35, § 1; L. 2018, ch. 118, § 17; L. 2024, ch. 48, § 1; July 1.
Source or Prior Law:
59-2278(a), (b).
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).
"Responding to the Lament of Invisible Children: Achieving Meaningful Permanency for Foster Children," Thomas Wade Young and Joe M. Lee, 72 J.K.B.A. No. 6, 46 (2003).
CASE ANNOTATIONS
1. Cited; 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, 799, 869 P.2d 640 (1994).
2. Trial court's providing notice of adoption hearing by serving petitioner's attorney instead of personal service did not violate due process. In re Adoption of A.S., 21 Kan. App. 2d 714, 717, 907 P.2d 913 (1995).
3. Grandparent's standing in adoption case limited to reasonable visitation; standing to contest adoption denied. In re J.A.B., 26 Kan. App. 2d 959, 969, 997 P.2d 98 (2000).