Placing Your Child for Adoption. What you should know in Kansas.
In considering the decision to make an adoption plan for your child, understanding the adoption process and knowing your rights can help minimize some of the stress and concern about your decision. If you are considering placing your child for adoption in the state of Kansas, here are a few important things.
Who must consent to Adoption?
Relinquishing a child for adoption in Kansas must be provided by both parents of the child, or one parent if the other parent is deceased or the other parent’s relinquishment is found unnecessary under K.S.A. 59-2136.
What about the Birth Father?
A relinquishment for adoption is required by the Birth Father – UNLESS the Birth Father:
- Is the child’s father because of rape of the Birth Mother
- Is deemed unfit as a parent or incapable of giving consent
- Has knowingly abandoned or neglected the child, including knowingly abandoning the child’s Birth Mother after receiving knowledge of the pregnancy
- Has made no reasonable effort to communicate with or support the child, failed to support the Birth Mother during her pregnancy for at least 6 months prior to the child’s birth
- Has failed to assume parental duties for two consecutive years before the adoption petition
An adoption relinquishment in Kansas must be given in writing and acknowledged before a notary or a judge. A Birth Parent may not sign a relinquishment until at least 12 hours after the child’s birth.
If the parent is a minor, they must first receive advice from an independent legal counsel as to the consequences of the relinquishment prior to its execution. The attorney providing independent legal advice to the minor parent must be present when the relinquishment is given. At CFS, independent legal counsel is provided to all birth parents regardless of age.
Can a Birth Parent revoke their relinquishment to an agency in Kansas?
A relinquishment is final and irrevocable once executed, unless prior to the final decree of adoption, there is evidence that the relinquishment was not freely or voluntarily given.
What happens if the father’s rights are not terminated by the court?
If the birth father’s rights are not terminated by the court, the birth mother’s rights can be restored.
NOTE: The above information should not be taken as legal advice but can serve as a general overview.
Additional resource links and Cities We Serve in Kansas
With offices in Overland Park, Kansas, we are centrally located in the Greater Kansas City area and provide services, outreach, home study, counseling, and support services throughout Johnson County including Olathe, Gardner, Prairie Village, Mission, Shawnee, Lenexa, De Soto, Basehor, Leavenworth, Louisburg, Leawood, Bonner Springs, Merriam, Mission, Roeland Park, and Tonganoxie but also throughout the state including, but not limited to the cities of:
