The Law Office of David S. Adams
olathelaw.com



303 E. Poplar St.
Olathe, KS 66061
Toll-free phone:
(866) 568-2803
Phone: (913) 440-0863
Fax: (913) 782-1383

10 Things to Know About Stepparent Adoption in Kansas

  1. If the biological father (or mother) will not consent to the adoption their rights can be terminated if 1) he/she has failed to assume the duties of a parent over the prior two years, or 2) if he/she has abandoned the newborn child.
  2. There is no minimum length of marriage required for a new husband or wife to adopt (though some waiting period is probably advisable.) A couple living together is not eligible to adopt the other's child.
  3. The parent whose rights are being terminated must be notified of the proceeding. If they cannot be found, then an affidavit of diligent search must be signed and a publication notice can be given. (Publication for three consecutive weeks in a general publication newspaper.)
  4. The filing fee in Kansas is $50.50.
  5. There is a thirty day waiting period after the case is filed before it can be finalized. The court will generally require that the other parent be given notice twenty (20) days before the hearing.
  6. If the other parent files a written contest in the case, a formal trial will be held to the court, and the termination must be proved by "clear and convincing evidence." Sporadic child support payments alone are not enough to stop a termination and then adoption.
  7. Once a termination and stepparent adoption occurs, there will be no further child support owed by the terminated parent, but past child support arrearages will not be erased unless the continuing parent voluntarily agrees to waive the arrearage.
  8. The adopted child's name can be changed in the adoption case.
  9. A child thirteen (13) or older must consent to the adoption (though an 11 or 12 year old will likely be asked by the court if they agree.)
  10. A new birth certificate will be issued by the state after the adoption.

The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.

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