Replies to '07/06 Baby Wars'

Ok... I'm confused by what you're stating and what I've found.  Where does it state what you're saying?

Whose consent is necessary for an adoption?

The consent of BOTH natural mother and father is REQUIRED in an adoption proceeding UNLESS the court specifically finds that the consent of one is not required. In re Adoption of C.R.D., 897 P.2d 181 (Kan.Ct. App. 1995).

If a father or mother fails or refuses to assume his/her parental duties for a two consecutive years preceding the filing of the adoption petition his/her consent is unnecessary.

The parental duties set out in the statute include not only the duty of financial support, but also the parent's natural or moral duty to show affection, care and interest toward his/her child. In re Adoption of B.M.W., 2P.3d 159 (Kan. 2000).

If the father or mother 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 next preceding the filing of the petition for adoption, then such father has failed or refused to assume the duties of a parent. Read Kansas Statute number 59-2113 on Adoption Consent with reference to (d) and (h)

Except as provided above if a mother or father desires to relinquish or consents to the adoption of such mother's or father's child, a petition shall be filed in the district court to terminate the parental rights of the mother or father. Where practical, the provisions of the law applicable to the father shall also apply to the mother and those applicable to the mother shall also apply to the father. TERMINATION OF PARENTAL RIGHTS: Pursuant to Kansas Statue Annotated 59-2136 (h) the court may order that parental rights be terminated, upon a finding by clear and convincing evidence, of any of the following:

(1) The father abandoned or neglected the child after having knowledge of the child's birth;

(2) The father is unfit as a parent or incapable of giving consent;

(3) The father has made no reasonable efforts to support or communicate with the child after having knowledge of the child's birth;

(4) 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;

(5) The father abandoned the mother after having knowledge of the pregnancy;

(6) The birth of the child was a result of rape of the mother; or

(7) The father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition.
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How does one execute his/her consent to adoption?

(1) Consent MUST be in writing and shall be acknowledged before a judge of the court of record or before a notary. Read Kansas Statute number 59-2114 on Adoption Consent with reference to (a)

(2) Consent shall have been executed NOT more then SIX months prior to the date the petition for adoption is filed. Read Kansas Statute number 59-2114 on Adoption Consent with reference to (b)

(3) Consent may NOT be given by the mother or accepted until twelve hours after birth of the child. Read Kansas Statute number 59-2116 on Adoption Consent
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What if the father is unknown?

Pursuant to Kansas Statute Annotated 59-2136 (e) in an effort to identify the father, or establish paternity, the court shall determine the following:

(1) Whether there is a presumed father under Kansas Statute number 38-1114 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 man has formally or informally acknowledged or declared such man's possible paternity of the child.

If a father is identified to the satisfaction of the court, or if more than one man is identified as possible father, each shall be given notice.

If the court is unable to identify a father or possible father the court shall enter an order terminating the unknown father's parental rights.


What if the father is unwilling to consent?

When a father or alleged father appears and asserts parental rights the court shall determine parentage. Thereafter if the court finds by clear and convincing evidence one of the following, the court may terminate his parental rights:

(1) The father abandoned or neglected the child after having knowledge of the child's birth;

(2) The father is unfit as a parent or incapable of giving consent;

(3) The father has made no reasonable efforts to support or communicate with the child after having knowledge of the child's birth;

(4) 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;

(5) The father abandoned the mother after having knowledge of the pregnancy;

(6) The birth of the child was the result of rape of the mother; or

(7) The father has failed or refused to assume the duties of a parent for two consecutive years next preceding the filing of the petition.