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. 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.
Structure Kansas Statutes
59-2114 Written consent required; acknowledgment; revocability of consent, when.
59-2115 Consent or relinquishment; minor parent.
59-2116 Same; time of execution.
59-2118 Effect of adoption; name; rights of child, parents.
59-2120 Interstate adoption; procedures.
59-2121 Payment for adoption; limitation; approval by court; criminal penalties.
59-2122 Files and records of adoption.
59-2124 Relinquishment of child to agency.
59-2125 Application of K.S.A. 59-2126 through 59-2136.
59-2131 Same; temporary orders.
59-2132 Independent and agency adoptions; assessment, investigation and report; waiver.
59-2135 Same; information to be provided to Kansas department for children and families.
59-2136 Relinquishment and adoption; proceedings to terminate parental rights.
59-2137 Application of K.S.A. 59-2138 through 59-2142.
59-2142 Copy of decree to former parent.
59-2143 Consent and relinquishment form.
59-2144 Foreign adoption; filing documents with the clerk of the district court; birth certificate.