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5 Kansas Adoption Laws You Need to Know

From Birth Parent Rights to Home Study Requirements

Digging into the intricacies of laws can be stressful, but you don’t have to feel that way. Whether you’re a hopeful adoptive family or a prospective birth mother, having a better grasp of adoption law in Kansas can be incredibly helpful.

Because American Adoptions of Kansas has over 30 years of experience helping birth mothers and adoptive families alike, we understand how adoption laws work in the state. Although understanding every minute detail of adoption laws is the job of your attorney or adoption professional, we are here to provide you with the basics.

This article is not meant to be taken as legal advice, but this overview of 5 important Kansas adoption laws should familiarize you with the essentials. If you have specific questions about Kansas adoption laws and your unique situation, you can call 1-800-ADOPTION at any time to speak with a specialist.

1.Adoption Requirements in Kansas

When it comes to the requirements to adopt in Kansas, it’s worth noting that they can vary depending on the type of adoption and the adoption professional you work with. For instance, a domestic infant adoption with American Adoptions of Kansas comes with a different set of requirements than adopting from the foster system.

These requirements are also different from the requirements for women who want to place their baby for adoption. If you are considering adoption for your baby, you should know that adoption is always an option. The requirements below are not for you, but they can give you a sense of what type of families might want to adopt your baby.

Mostly, however, requirements for adopting in Kansas will be similar, with some slight variation among different types of adoption and adoption professionals. Below are a handful of relevant subjects for adoption requirements.

Marriage Requirements for Adoption                                                                                          

There are no adoption in Kansas laws that prohibit unmarried adults from adopting. But, some adoption agencies require prospective parents to have been married for a particular amount of time. If you’re curious about marital requirements for American Adoptions of Kansas, then contact us for more information.

Age Requirements for Adoption

As of January 2020, there is no specified age requirement for Kansas adoption laws, but they must be a legal adult. It should be mentioned that some adoption agencies have requirements regarding age ranges between the prospective adoptive parents and the child. American Adoptions of Kansas requests that adoptive parents be between 22 and 50 years old, but we will make an exception if the situation calls for it.

LGBTQ+ Couples and Adoption

LGBTQ+ couples have been legally allowed to adopt children since the 2015 federal ruling that legalized same-sex marriage. Unfortunately, there’s legislation in Kansas that allows some organizations to deny service to LGBTQ+ couples. American Adoptions of Kansas is proud to work with LGBTQ+ families. But, whether you’re a prospective birth mother with an interested LGBTQ+ couple, or if you’re a prospective LGBTQ+ parent yourself, make sure the agency you want to work with won’t deny you services.

2.Advertising and Facilitator Laws in Kansas

“Advertising” is a term in the adoption lexicon, and it means finding adoption opportunities for prospective birth mothers and hopeful adoptive parents. According to adoption Kansas laws, only child-placing agencies that are properly licensed can advertise to birth mothers who want to place a child in Kansas.  Advertising may be accomplished through various methods. For example, American Adoptions of Kansas creates video and print profiles of families that are shown to birth mothers across the U.S.

An unlicensed agency performing advertising work is known as an adoption facilitator, and they are illegal in Kansas. This is because they typically engage in predatory practices. This is why it’s necessary to work with your adoption attorney to make sure you’re not unintentionally breaking any Kansas adoption laws, either as a birth mother or as a hopeful parent.

Why does this matter? Because adoption is a life-changing process, and you deserve to be confident that your adoption is done in the most ethical way possible. With American Adoptions of Kansas, you can rest easy knowing we do adoption the right way.

3.Birth Parent Rights in Kansas

Whether you’re a prospective birth parent considering placing your baby for adoption, or if you’re a hopeful adoptive parent, it can be helpful to understand the birth mother’s undeniable parental adoption rights. As upheld by Kansas adoption codes, birth parents have the right to:

  • Change their mind at any point in the process
  • Receive free unplanned pregnancy counseling
  • Create their own adoption plan
  • Choose their post-placement relationship
  • Choose when to give their adoption consent
  • Legal representation when signing documents
  • Voluntary termination of parental rights

These aren’t all the rights that prospective birth mothers have, but these are some of the most significant ones. If you’re a prospective birth mother and have more questions surrounding your adoption rights, then you can speak to one of our adoption professionals for free by calling 1-800-ADOPTION.

4.The Consent Process in Kansas

Because each state can create its own adoption laws, there are certain regulations to adopt a child in Kansas. One of these regulations is the consent process. As mandated by Kansas adoption laws, a married person can’t adopt without their spouse’s consent. Additionally, any prospective adoptee who is 14 or older must give their consent to the adoption. Like most states, Kansas has adoption courts that oversee the process.

It’s also worth mentioning that prospective birth parents must give their consent for the adoption. But, if parental rights have been terminated, if the child has been abandoned or if the prospective birth parent has been convicted of a serious crime against the child, then the court may not require consent.

5.Kansas Home Study Requirements

One of the most misunderstood parts of the adoption process is the home study. If you are a prospective birth mother, then it’s worth noting that a home study is not part of your adoption journey. But, it may be valuable to understand what prospective parents must complete to be eligible to become an adoptive parent. The adoption home study in Kansas, as required by adoption law in Kansas, encompasses:

  • Documentation: Important documents such as driver’s licenses, insurance records and marriage certificates will be submitted for review.
  • Interview: A social worker will visit the prospective parents’ home to discuss motivations for adoption, parenting techniques and more.
  • Home Tour: Following the interview, hopeful families will show their social worker around their home. The social worker will ensure that all safety and child-proofing measures are in place.
  • Post-Placement Visits: After the child has been placed in the adoptive family’s home, the social worker will occasionally return to conduct post-placement visits to make sure the family is adjusting well and offer any helpful advice.

There are also some clearances and training courses that prospective parents must undergo as part of Kansas adoption codes, such as criminal background checks as well as sex offender clearances for all adults living in the home. Parenting classes or adoption parenting courses are also required, as is a CPR and/or First Aid certification course.

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Although these Kansas adoption laws can seem overwhelming, American Adoptions of Kansas will ensure that your adoption is being handled ethically and legally, whether you’re a birth parent or a hopeful adoptive parent. If you want to learn more about adoption in Kansas laws, get more free information now.

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