The State of Kansas adoption procedures are standard with an emphasis on consensual and non-consensual circumstances. Under the Kansas Statute Chapter 59, the prospective parents must pursue an adoption by means of the probate division court, or the county court in the jurisdiction of where the child lives. Any single individual over the age of 18, or husband and wife filed jointly may adopt a child under the Kansas Statute Annotated (KSA) 59-2111-59-2143, as long as either spouse consents with the legal proceeding. The adoptive party must provide the judge of a court with a writ of consent not exceeding six months prior to the legal process. Full knowledge of the consequences, in regards to the Kansas adoption, will be administered. A consent is final once executed, unless the alleged consenting party can prove coercion against their will in the signing of the adoptive papers. A relinquishment of the child may not take place until 12 hours after the birth of the child. The signing of consent will take place in the foreign courts, or in the presence of a commissioned military officer, and signed by a notary public for all prospective parents outside of the State of Kansas.
The adopted child will assume the same surname, or last name, as the petitioners, unless permission is granted by the judge of the court to change the surname. The adopted child will also assume the same personal and property rights as the petitioners, including all of the liabilities in association with petitioners. The birth parents will forfeit their rights, unless the spouse of the petitioner is a birth parent; however, this does not take away the rights of the child to inherit from or through the birth parents themselves. The district court will report the Kansas adoption to the registrar of vital statistics, making it official.
Compensation for the Kansas adoption must only cover the reasonable fees of legal and professional services, including the child placement agency, medical expenses of the birth mother and child, and any expenses accrued for the proper living conditions of the birth mother during or as the result of a pregnancy. If she receives any excessive fees, it can result in a felony charge. The birth parents may assert their right to release the child into the care of the child placement agency if they feel unable to fulfill the needs of the child by using the Safe Haven law, which also permits ill-equipped mothers to drop off their newborn to any hospital, police, or fire station without legal consequences.
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