59-2136. Relinquishment and adoption; proceedings to terminate parental rights.
59-2136
59-2136. Relinquishment and adoption; proceedings to terminate parentalrights.(a) The provisions of this section shall apply where arelinquishment or consent to an adoption has not been obtained from aparent and K.S.A. 59-2124 and 59-2129, and amendments thereto, state thatthe necessity of a parent'srelinquishment or consent can be determined under this section.
(b) Insofar as practicable, the provisions of this section applicable tothe father also shall apply to the mother and those applicable to the motheralso shall apply to the father.
(c) In stepparent adoptions under subsection (d), the court may appoint anattorney to represent any father who is unknown or whose whereabouts areunknown. In all other cases, the court shall appoint an attorney to representany father who isunknown or whose whereabouts are unknown. If no person is identified as thefather or a possible father, the court shall order publication notice ofthe hearing in such manner as the court deems appropriate.
(d) In a stepparent adoption, if a mother consents to the adoption of achild who has a presumed father under subsection (a)(1), (2) or (3) ofK.S.A. 38-1114 and amendments thereto, or who has a father as towhom thechild is a legitimate child under prior law of this state or under the lawof another jurisdiction, the consent of such father must be given to theadoption unless such father has failed or refused to assume the dutiesof aparent for two consecutive yearsnext preceding the filing of the petition for adoption oris incapable of giving such consent.In determining whether a father's consent is required under thissubsection, the court may disregard incidental visitations, contacts,communications or contributions.Indetermining whether the fatherhas failed or refused to assume the duties of aparent for two consecutive years next preceding the filing of the petition foradoption, there shall be a rebuttable presumption thatif the father, after having knowledge of the child's birth, has knowinglyfailed to provide a substantial portion of the child support as required byjudicial decree, when financially able to do so, for a period of two years nextpreceding the filing of the petition for adoption, then such father has failedor refused to assume the duties of a parent.The court may consider the best interests of the child and the fitness ofthe nonconsenting parent in determining whether a stepparent adoption should begranted.
(e) Except as provided in subsection (d), if a mother desires torelinquish or consents to the adoption of such mother's child, a petitionshall be filed in the district court to terminate the parental rights ofthe father, unless the father's relationship to the child has beenpreviously terminated or determined not to exist by a court. The petitionmay be filed by the mother, the petitioner for adoption, the person oragency having custody of the child or the agency to which the child hasbeen or is to be relinquished. Where appropriate, the request to terminateparental rights may be contained in a petition for adoption.If the request to terminate parental rights is not filed in connection withan adoption proceeding, venue shall be in the county in which the child, themother or the presumed or alleged father resides or is found.In an effortto identify the father, the court shall determine by deposition, affidavitor hearing, the following:
(1) Whether there is a presumed father underK.S.A. 38-1114 and amendments thereto;
(2) whether there is a father whose relationship to the child has beendetermined by a court;
(3) whether there is a father as to whom the child is a legitimate childunder prior law of this state or under the law of another jurisdiction;
(4) whether the mother was cohabitating with a man at the time ofconception or birth of the child;
(5) whether the mother has received support payments or promises ofsupport with respect to the child or in connection with such mother'spregnancy; and
(6) whether any man has formally or informally acknowledged or declaredsuch man's possible paternity of the child.
If the father is identified to the satisfaction of the court, or if morethan one man is identified as a possible father, each shall be given noticeof the proceeding in accordance with subsection (f).
(f) Notice of the proceeding shall be given to every person identifiedas the father or a possible father by personal service,certified mail return receipt requested orin any other manner the court may direct. Proof of notice shall be filedwith the court before the petition or request is heard.
(g) If, after the inquiry, the court is unable to identify the father orany possible father and no person has appeared claiming to be the fatherand claiming custodial rights, the court shall enter an order terminatingthe unknown father's parental rights with reference to the child withoutregard to subsection (h). If any person identified as the father orpossible father of the child fails to appear or, if appearing, fails toclaim custodial rights, such person's parental rights with reference to thechild shall be terminated without regard to subsection (h).
(h) (1) When a father or alleged father appears and asserts parentalrights,the court shall determine parentage, if necessary pursuant to the Kansasparentage act. If a father desires but is financially unable to employ anattorney, the court shall appoint an attorney for the father. Thereafter,the court may order that parental rights be terminated, upon a finding byclear and convincing evidence, of any of the following:
(A) The fatherabandoned or neglected the child after having knowledge of the child's birth;
(B) the father is unfit as a parent or incapable of givingconsent;
(C) the father has made no reasonable efforts to support orcommunicatewith the child after having knowledge of the child's birth;
(D) the father, after having knowledge of the pregnancy,failed withoutreasonable cause to provide support for the mother during the six monthsprior to the child's birth;
(E) the father abandoned the mother after having knowledgeof the pregnancy;
(F) the birth of the child was the result of rape of themother; or
(G) the father has failed or refused to assume the dutiesof a parentfor two consecutive years next preceding the filing of the petition.
(2) In making a finding whether parental rights shall beterminated under this subsection, the court may:
(A) Consider and weigh the best interest of the child; and
(B) disregard incidental visitations, contacts, communications orcontributions.
(3) In determining whether the fatherhas failed or refused to assume the duties of aparent for two consecutive years next preceding the filing of the petition foradoption, there shall be a rebuttable presumption thatif the father, after having knowledge of the child's birth, has knowinglyfailed to provide a substantial portion of the child support as required byjudicial decree, when financially able to do so, for a period of two years nextpreceding the filing of the petition for adoption, then such father has failedor refused to assume the duties of a parent.
(i) A termination of parental rights under this section shall notterminate 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.
History: L. 1990, ch. 145, § 26;L. 1991, ch. 167, § 1;L. 1993, ch. 195, § 3; L. 1993, ch. 277, § 1;L. 2006, ch. 22, § 1; Mar. 23.