HOUSE BILL No. 2549
AN ACT concerning adoption; relating to the Kansas adoption and relinquishment act,
adoption, termination of parental rights; requiring notice of a hearing on a petition for
adoption, petitions to be filed as part of a petition for adoption or in connection with
an adoption; setting requirements for petitions filed separately from adoption
proceedings; amending K.S.A. 2023 Supp. 59-2133 and 59-2136 and repealing the
existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2023 Supp. 59-2133 is hereby amended to read
as follows: 59-2133. (a) Upon filing the petition, the court shall fix the
time and place for the hearing. The time fixed for the hearing may be
any time not more than shall be within 60 days from the date the
petition is filed. The time fixed for the hearing may be extended by the
court for good cause.
(b) In independent and stepparent adoptions, Notice of the hearing
on the petition shall be given to the parents or possible parents persons
entitled to notice at least 10 calendar days before the hearing, unless
waived by the party entitled to notice or unless parental rights have
been previously terminated, and to any person who has physical
custody of the child, unless waived by the person entitled to notice.
Notice also shall be given in an independent adoption to a legal
guardian of the child, unless waived by the party entitled to notice.
Persons who receive notice pursuant to this section shall not be made a
party or granted standing based solely on the provision of such notice.
(c) In an agency adoption Except as provided in subsection (d),
notice of the hearing on the petition shall be given:
(1) In an independent or stepparent adoption, to:
(A) to the consenting agency, The parents, presumed parents or
possible parents;
(B) , any relinquishing party and any person who has physical
custody of the child at least 10 calendar days before the hearing, unless
waived by the person entitled to notice; and
(C) any legal guardian of the child;
(2) in a private agency adoption, to:
(A) The consenting agency;
(B) the parents, presumed parents or possible parents;
(C) any relinquishing person;
(D) any person who has physical custody of the child; and
(E) any legal guardian of the child; and
(3) in a public agency adoption, to the consenting agency.
(d) Notice of the hearing on the petition is not required to be given
to:
(1) A person whose parental rights have been terminated by an
order of a court of competent jurisdiction; or
(2) a person or agency that has waived in writing the right to
receive notice.
(e) Notice of the hearing shall be by personal service, certified
mail return receipt requested or in any other manner the court may
direct. Notice given pursuant to this section shall not include a copy of
the petition.
Sec. 2. K.S.A. 2023 Supp. 59-2136 is hereby amended to read as
follows: 59-2136. (a) The provisions of this section shall apply where a
relinquishment or consent to an adoption has not been obtained from a
parent and K.S.A. 59-2124 and 59-2129, and amendments thereto, state
that the necessity of a parent's relinquishment or consent can be
determined under this section.
(b) Insofar as practicable, the provisions of this section applicable
to the father also shall apply to the mother and those applicable to the
mother also shall apply to the father.
(c) The court shall appoint an attorney to represent any father who HOUSE BILL No. 2549—page 2
is unknown or whose whereabouts are unknown. If no person is
identified as the father or a possible father, or if the father's
whereabouts are unknown, the court shall order publication notice of
the hearing in such manner as the court deems appropriate.
(d) (1) A petition to terminate parental rights pursuant to the
Kansas adoption and relinquishment act may be filed only as part of a
petition for adoption or as an independent a separate action in
connection with an adoption proceeding filed or to be filed in the same
or another proper venue.
(2) If the request a petition to terminate parental rights is not filed
as part of an adoption proceeding, separately from a petition for
adoption under this act:
(A) Venue for the proceedings to terminate parental rights shall be
in the county in which where the child or a parent resides or is found;
and
(B) an order granting such petition:
(i) Shall be in substantial compliance with the form set forth by
the judicial council;
(ii) is a final judgment that is appealable as a matter of right;
(iii) if not appealed, shall satisfy the requirement contained in
K.S.A. 59-2128, and amendments thereto, to demonstrate that the
necessity for the consent or relinquishment is eliminated; and
(iv) shall be effective only upon the filing of a decree of adoption.
(2)(3) The petition to terminate parental rights may be filed by a
parent, the petitioner for adoption, the person or agency having legal
custody of the child, or the agency to which the child has been
relinquished.
(3)(4) Absent a finding of good cause by a court with jurisdiction
under this act, a proceeding to terminate parental rights shall have
precedence over any proceeding involving custody of the child under
the Kansas family law code, K.S.A. 23-2101 et seq., and amendments
thereto, or the protection from abuse act, K.S.A. 60-3101 et seq., and
amendments thereto, until a final order is entered on the termination
issues or until further orders of the court.
(e) In an effort to identify the father, the court shall determine by
deposition, affidavit or hearing, the following:
(1) Whether there is a presumed father under K.S.A. 23-2208, and
amendments thereto;
(2) whether there is a father whose relationship to the child has
been determined by a court;
(3) whether there is a father as to whom the child is a legitimate
child under prior law of this state or under the law of another
jurisdiction;
(4) whether the mother was cohabitating with a man at the time of
conception or birth of the child;
(5) whether the mother has received support payments or promises
of support with respect to the child or in connection with such mother's
pregnancy; and
(6) whether any person has formally or informally acknowledged
or declared such person's possible parentage of the child.
If the father is identified to the satisfaction of the court, or if more
than one man is identified as a possible father, each shall be given
notice of the proceeding in accordance with subsection (f).
(f) Notice of the proceeding shall be given to every person
identified as the father or a possible father by personal service, certified
mail return receipt requested or in any other manner the court may
direct. Notice shall be given at least 10 calendar days before the
hearing, unless waived by the person entitled to notice. Proof of notice
or waiver of notice shall be filed with the court before the petition or
request is heard.
(g) (1) If, after the inquiry, the court is unable to identify the father
or any possible father and no person has appeared claiming to be the
father and claiming custodial rights, the court shall enter an order
terminating the unknown father's parental rights with reference to the HOUSE BILL No. 2549—page 3
child without consideration of subsection (h).
(2) If any person identified as the father or possible father of the
child fails to appear or, if appearing, fails to claim custodial rights, such
person's parental rights with reference to the child shall be terminated
without consideration of subsection (h).
(h) (1) When a father or alleged father appears and claims parental
rights, the court shall determine parentage, if necessary pursuant to the
Kansas parentage act, K.S.A. 23-2201 et seq., and amendments thereto.
If a father desires but is financially unable to employ an attorney, the
court shall appoint an attorney for the father. Thereafter, the court may
order that parental rights be terminated and find the consent or
relinquishment unnecessary, upon a finding by clear and convincing
evidence, of any of the following:
(A) The father abandoned or neglected the child after having
knowledge of the child's birth;
(B) the father is unfit as a parent or incapable of giving consent;
(C) the father has made no reasonable efforts to support or
communicate with the child after having knowledge of the child's birth;
(D) the father, after having knowledge of the pregnancy, failed
without reasonable cause to provide support for the mother during the
six months prior to the child's birth;
(E) the father abandoned the mother after having knowledge of the
pregnancy;
(F) the birth of the child was the result of rape of the mother; or
(G) the father has failed or refused to assume the duties of a parent
for two consecutive years immediately preceding the filing of the
petition.
(2) In making a finding whether parental rights shall be terminated
under this subsection, the court:
(A) Shall consider all of the relevant surrounding circumstances;
and
(B) may disregard incidental visitations, contacts, communications
or contributions.
(3) In determining whether the father has failed or refused to
assume the duties of a parent for two consecutive years immediately
preceding the filing of the petition for adoption, there shall be a
rebuttable presumption that if the father, after having knowledge of the
child's birth, has knowingly failed to provide a substantial portion of
the child support as required by judicial decree, when financially able
to do so, for a period of two years immediately preceding the filing of
the petition for adoption, then such father has failed or refused to
assume the duties of a parent.
(4) For the purposes of this subsection, "support" means monetary
or non-monetary assistance that is reflected in specific and significant
acts and sustained over the applicable period.
(i) A termination of parental rights under this section shall not
terminate the right of the child to inherit from or through the parent.
Upon such termination, all the rights of birth parents to such child,
including their right to inherit from or through such child, shall cease. HOUSE BILL No. 2549—page 4
Sec. 3. K.S.A. 2023 Supp. 59-2133 and 59-2136 are hereby
repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the HOUSE, and passed
that body
Speaker of the House.
Chief Clerk of the House.
Passed the SENATE ______________________________________________________________________________
President of the Senate.
Secretary of the Senate.
APPROVED __________________________________________________________________________________________________
Governor.