How to Choose Adoption in Kansas
Whether you are looking to adopt, looking to place your child for adoption, or searching for information about home studies and where to begin the process, the following information will be your guide to all things adoption in Kansas.
What you need to know about adopting a baby in Kansas
To get started on your adoption journey, it is important to understand some of the fundamental aspects and frequently asked questions about the process. Here are a few things to know when considering adoption in Kansas.
What are the laws and requirements for adopting a baby in Kansas?
Any adult, 18 years or older, married or unmarried may attempt to adopt a child in Kansas. If the Prospective Adoptive Parent is married, he or she cannot petition to adopt without the consent of their spouse.
How much does it cost to adopt a baby in Kansas?
- Medical expenses for the Birth Mother and child
- Reasonable living expenses the Birth Mother incurred during the pregnancy
- Agency and attorney fees
What you need to know about placing your baby for adoption in Kansas
If you are considering placing your child for adoption, understanding how the adoption process works as well as knowing your rights may relieve some of your worry. Here are a few things to know when considering adoption for your child in Kansas.
Kansas is home to many families seeking adoption opportunities and resources to begin their journey. .
Who must consent to an adoption in Kansas?
- The child’s living parents
- The child’s legal guardian, if both parents are dead or their parental rights have been terminated
- The child adoptee if they are at least 14 years old
When is consent not necessary for adoption in Kansas?
- Knowingly abandoned or neglected the child
- Is unfit as a parent or incapable of giving consent
- 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
- Abandoned the child’s Birth Mother after receiving knowledge of the pregnancy
- Is the child’s father as a result of rape of the Birth Mother
- Has failed to assume parental duties for 2 consecutive years before the adoption petition
How and when can Birth Parents consent to adoption in Kansas?
Consent in Kansas must be given in writing and acknowledged before a judge or authorized officer.
Consent from a Birth Mother may not be given until 12 hours after the child’s birth, otherwise it is voidable. Consent from all other parties should not be given more than 6 months prior to the adoption petition.
If the parent is a minor, they will first receive advice from an independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice to the minor parent must be present when the consent is given.
Can a Birth Parent revoke their consent to adoption in Kansas?
Consent to adoption is final and irrevocable once executed, unless prior to the final decree of adoption, there is evidence that the consent was not freely or voluntarily given.
What rights do Birth Fathers have in the adoption process in Kansas?
A “parent and child relationship” means the legal relationship existing between a child and the child’s biological or adoptive parents on which the law grants rights, privileges, duties, and obligations. It includes the mother and child relationship and the father and child relationship.
A “Presumed Father” is a man who, until proven otherwise, is considered the child’s legal father by law.
In Kansas, a man is considered a Presumed Father, therefore granting him parental rights, if:
- He and the child’s Birth Mother are, or have been, married to each other, and the child is born during that marriage or within 300 days after the marriage is terminated
- Before the child’s birth, he and the Birth Mother have attempted to marry each other by a marriage solemnized in compliance with law, but the attempted marriage is void or voidable, and:
- If the attempted marriage is voidable, the child is born during the attempted marriage or within 300 days after its termination
- If the attempted marriage is void, the child is born within 300 days after the termination of cohabitation
- After the child’s birth, he and the Birth Mother have married, or attempted to marry, each other, but the attempted marriage is void or voidable, and:
- He has acknowledged paternity of the child in writing
- With his consent, he is named as the child’s father on the child’s birth certificate
- He is obligated to support the child under a written voluntary promise or by a court order
- The man, in writing, recognizes paternity of the child, including a voluntary acknowledgement
- Genetic tests show at least a 97 percent probability that he is the Birth Father
- The man has a duty to support the child under court order or support, even if he was never married to the Birth Mother
Home study and Post Placement Requirements in Kansas
Prospective Adoptive Parents in Kansas are required to complete a home study before beginning the adoption process and a postplacement assessment after the adoption takes place. Both will assess your ability to provide a safe and stable environment for the child you wish to adopt.
What is a home study and what happens during the process?
The home study is a critical component to the adoption process. While it is to ensure your home will provide a child with stability, safety, and support, it is also a resource for Prospective Adoptive Parents to asks questions and prepare for the adoption. A home study is ultimately a recommendation as to the fitness of the applicants to become Adoptive Parents.
In Kansas, a home study will include a criminal background check, interview, and child abuse and neglect registry check. In addition, the professional conducting the home study will make a written assessment evaluating the following:
- Motivation for adoption
- The entire family’s attitude toward the adoption
- Emotional and physical health of the Adoptive Parents
- Ability to cope with problems, stress, frustrations, crisis, and loss
- Medical records and information regarding health conditions that could affect the ability to parent a child
- Record of convictions other than minor traffic violations
- Ability to provide for the child’s physical and emotional needs
- Capacity to give and receive affection
- Types of children desired and kinds of disabilities accepted
- Types of children who would not be appropriate for placement with the family
- Recommendations for number, age, sex, characteristics, and special needs children best served by the family
What is a home study and what happens during the process?
- Social worker
- Marriage and family therapist
- Child-placing agency
- Psychologist or psychotherapist
Why would my home study not be approved in Kansas?
- Crimes against a person, including:
- Sex offenses, including:
- Sexual battery
- Sexual exploitation of a child
- Crimes affecting family relationships or children, including:
- Endangerment of a child
- Unlawful disclosure of tax information
- Unlawful interference with a firefighter or emergency medical services attendant
- Permitting a dangerous animal to be at large
- Selling, promoting, or buying of sexual relations
- Commercial sexual exploitation of a child
- Within the past 5 years, bee convicted of a felony for:
- Crimes involving controlled substances
Is a home study different for stepparent or relative adoptions in Kansas?
If approved in court, the home study for stepparent or relative adoptions may be waived in Kansas.
What are the home study requirements for adopting a baby from another state?
Any out-of-home placement of a child outside the State is subject to the provisions of the Interstate Compact on the Placement of Children.
What is a post placement requirement and what happens during the process?
Before the adoption has been finalized, a post placement assessment will take place to ensure the transition into adoption is going well and that the Adoptive Family’s circumstances have not changed to no longer fit the child’s best interest.
In Kansas, a licensed social worker or agency representative will schedule in-home visits as they feel needed. These visits will enable them to make a clear recommendation as to whether or not the adoption should be finalized.