Chapter 59: Probate Code

Article 21: Adoption

Statute 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

      (4)   the court entering an order under K.S.A. 2007 Supp. 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; Jan. 1, 2007.