Kansas State Law on Adult Adoption

State Law on Adult Adoption

Kansas

Summary: Adults may be adopted with consent of the person to be adopted and spouse of the petitioner (if married).

Most Relevant Kansas Statute:
§ 59-2113
§ 59-2138 - 59-2142

59-2113 . (type in statute number) Who may adopt.

Any adult, or husband and wife jointly, may adopt any minor or adult as their child in the manner provided in K.S.A. 59-2111 through 59-2143, except that one spouse cannot do so without the consent of the other.

59-2138 - 59.2142. (type in statute number)

59-2138. Venue.

Venue shall be in the county in which the petitioner or the adult to be adopted resides.

59-2139. Petition.

(a) A petition for adult adoption shall be filed by the person desiring to adopt the adult and shall state:

(1) The name, residence and address of the petitioner;

(2) the name, residence, address and date of birth of the adult to be adopted;

(3) whether the petitioner or adult to be adopted is married and if so, the name, residence and address of the spouse;

(4) the facts showing the reasons for the adoption;

(5) whether one or both of the parents of the adult to be adopted are living and the name, residence and address of those living so far as known to the petitioner or the adult to be adopted; and

(6) whether or not any change of name is requested.

(b) The written consents required by K.S.A. 59-2140, and amendments thereto, and the accounting required by K.S.A. 59-2121 shall be filed with the petition for adoption.

59-2140. Consent.

Before any adult is adopted consent to the adoption shall be given by:

(a) The adult subject of the adoption or the legal guardian of a disabled adult subject of adoption; and

(b) the spouse of the petitioner or the spouse's legal guardian if a disabled person.

59-2141. Notice and hearing.

(a) The court, by order, shall fix a time and place for hearing on the petition. The hearing may be with or without notice as the court shall direct and the court may hear the petition forthwith.

(b) The court may order that notice of the hearing be given to the parents of the adult subject of the adoption and shall require notice, unless waived, to any consenting party.

59-2142. Copy of decree to former parent.

The petitioner or attorney for the petitioner, if a decree of adoption is entered, shall mail a certified copy of the decree to the former parent of the adult adoptee, if the parent has had no notice of the proceeding and, with reasonable diligence, can be located for service by first-class mail. The petitioner or the attorney shall file proof of mailing with the court or shall file an affidavit setting forth the reasons for noncompliance if the reasons are not evident from the verified pleadings on file. Failure to give the notice required by this section shall not invalidate the adoption.