reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-106 Assistants, deputies, stenographic, investigative and clerical hire; appointment; compensation; district attorney and assistants full-time positions, law practice prohibited; office space; special counsel.

22a-106.
Assistants, deputies, stenographic, investigative and clerical hire; appointment; compensation; district attorney and assistants full-time positions, law practice prohibited; office space; special counsel.
(a) Within the limits of appropriations therefor, the district attorney shall appoint such assistant district attorneys, deputy district attorneys and other stenographic, investigative and clerical hire as may be necessary to carry out the functions of the district attorney's office in such judicial district, and he shall determine the annual compensation of each assistant district attorney and other persons appointed pursuant to this subsection. The county commissioners shall determine and allow such reasonable sums from funds of the county for the compensation of assistants, deputies and other stenographic, investigative and clerical hire and for other expenses of such office as may be necessary to carry out the function of such office.
(b) Each assistant and deputy district attorney shall have been regularly admitted to practice law within the state of Kansas prior to his appointment. Each district attorney and his assistant district attorneys shall devote full time to official duties and shall not engage in the civil practice of law, except as required in performing his official duties while serving as district attorney or assistant district attorney, and shall not refer any client or other person or any matter to any designated attorney or firm of attorneys.
(c) The board of county commissioners of each county contained in judicial districts 3, 10, 18 and 29 shall provide suitable office space within such county for the district attorney, his assistants, deputies, office personnel and equipment.
(d) Notwithstanding any of the provisions of this act the district attorney, with the approval of the board of county commissioners, may appoint and employ special counsel when necessary to assist the district attorney in the discharge of his duties, such special counsel not to be subject to the restrictions contained in paragraph (b) herein.
(e) Any county contained in judicial districts 3, 10, 18 or 29 may receive and expend for the operation of the office of district attorney any federal moneys made available therefor.
History:
L. 1972, ch. 71, § 6; L. 1973, ch. 146, § 2; April 18.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-107 County attorney construed.

22a-107.
County attorney construed.
Whenever in any of the statutes of this state the term "county attorney" is used, it shall be construed to include district attorneys provided for by K.S.A. 22a-101, 22a-108 and 22a-109, and amendments thereto, unless the context otherwise requires.
History:
L. 1972, ch. 71, § 7; L. 1978, ch. 133, § 2; L. 1999, ch. 59, § 2; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-108 Election of district attorney in certain judicial district; term; oath; bond; abolition of office of county attorney in said district; application of certain laws.

22a-108.
Election of district attorney in certain judicial district; term; oath; bond; abolition of office of county attorney in said district; application of certain laws.
(a) There is hereby established the office of district attorney in the seventh judicial district. The person holding the office of county attorney on the effective date of this act shall become the district attorney and the office of county attorney in such judicial district shall be and is hereby abolished on such date. Commencing with the general election in 1980, and at the general election every four (4) years thereafter, a district attorney shall be elected in said judicial district for a four-year term, commencing on the second Monday in January next following the election. The district attorney authorized by this section is hereby declared to be an executive officer of the judicial district in which such attorney is elected, with said office constituting a separate entity within said district for administrative purposes, and in no event shall said district attorney be deemed an officer of any county. Before entering upon the duties of the office, the district attorney shall take the oath of office required by law for public officers and shall execute a good and sufficient surety bond in the manner prescribed by K.S.A. 75-4101 et seq., and acts amendatory thereof.
(b) The provisions of K.S.A. 22a-102, 22a-103, 22a-104, 22a-105, 22a-106 and 22a-107, and any amendments thereto, shall be applicable to the office of district attorney established by this section.
History:
L. 1978, ch. 133, § 1; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 1 - District Attorneys › 22a-109 Establishment of district attorney office in twenty-seventh judicial district.

22a-109.
Establishment of district attorney office in twenty-seventh judicial district.
(a) There is hereby established the office of district attorney in the twenty-seventh judicial district.
(b) The person holding the office of county attorney in Reno county on the effective date of this act shall become the district attorney of the twenty-seventh judicial district and the office of county attorney in such judicial district shall be and is hereby abolished on such date. Commencing with the general election in 2000, and at the general election every four years thereafter, a district attorney shall be elected in the judicial district for a four-year term, commencing on the second Monday in January next following the election.
(c) The district attorney authorized by this section is hereby declared to be an executive officer of the judicial district in which such attorney is elected, with the office constituting a separate entity within the district for administrative purposes. In no event shall the district attorney be deemed an officer of any county.
(d) Before entering upon the duties of the office, the district attorney shall take the oath of office required by law for public officers and shall execute a good and sufficient surety bond in the manner prescribed by K.S.A. 75-4101 et seq., and amendments thereto.
(e) The provisions of K.S.A. 22a-102, 22a-103, 22a-104, 22a-105, 22a-106 and 22a-107, and amendments thereto, shall be applicable to the office of district attorney established by this section.
History:
L. 1999, ch. 59, § 1; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-215 Disposition of body of deceased; burial, when; expenses, how paid; penalties.

22a-215.
Disposition of body of deceased; burial, when; expenses, how paid; penalties.
(a) The coroner shall cause the body of a deceased person to be delivered to the immediate family or the next of kin of the deceased in accordance with the provisions of K.S.A. 65-904, and amendments thereto. If there is no immediate family or next of kin the coroner shall report and make delivery in accordance with the provisions of article 9 of chapter 65 of Kansas Statutes Annotated. If no such delivery is required, the coroner shall cause the body of such deceased person to be cremated or buried. The state or county officer responsible for the final disposition of the deceased person may authorize and order the cremation or burial of such deceased person. Cremation or burial expenses shall be paid from any property found with the body. If there is no property found with the body or if the property is not sufficient to cover such expenses and if the deceased was eligible for assistance under the provisions of article 7 of chapter 39 of Kansas Statutes Annotated, expenses of final disposition shall be paid in accordance with the provisions of K.S.A. 39-713d, and amendments thereto. Otherwise, such expenses shall be paid from the county general fund unless the deceased died in the custody of the secretary of corrections. Expenses of final disposition of the unclaimed bodies of deceased inmates in the custody of the secretary of corrections shall be paid by the department of corrections.
(b) Any coroner who, over the protest of the immediate family or next of kin of the deceased, delivers or causes to be delivered the body of a deceased person for final disposition to a particular embalmer, funeral director or funeral establishment, shall be deemed guilty of a class B nonperson misdemeanor and upon conviction thereof shall forfeit the coroner's office.
History:
G.S. 1868, ch. 25, § 132; R.S. 1923, 19-1015; L. 1945, ch. 163, § 1; L. 1951, ch. 359, § 1; L. 1955, ch. 148, § 1; L. 1965, ch. 164, § 7; L. 1975, ch. 158, § 1; L. 1993, ch. 214, § 1; L. 1997, ch. 179, § 7; L. 1999, ch. 47, § 1; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-227 nnual salaries.

22a-227.
A
nnual salaries.
The district coroner shall receive an annual salary fixed by the county commissioners of a single-county judicial district or the county commissioners of the county with the largest population in multiple-county judicial districts.
History: L. 1963, ch. 166, § 2; L. 1965, ch. 164, § 10; L. 1969, ch. 143, § 2; L. 1973, ch. 175, § 54; L. 1974, ch. 361, § 4; L. 1993, ch. 214, § 3; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-228 ravel allowances and expenses; fees, expenses and compensation, how paid; deputy coroners, compensation.

22a-228.
T
rav
el allowances and expenses; fees, expenses and compensation, how paid; deputy coroners, compensation.
(a) Deputy district coroners shall receive a salary or other compensation as may be prescribed by the county commissioners of a single-county judicial district or the county commissioners of the county with the largest population in multiple-county judicial districts.
(b) Each coroner and deputy district coroner shall be allowed and paid the allowance prescribed under the provisions of K.S.A. 75-3203a, and amendments thereto, for each mile necessarily and actually traveled in the course of official duties as coroner or deputy district coroner, except that in lieu of such allowance the district coroner and deputy district coroner may receive a monthly car allowance as fixed by the county commissioners of a single-county judicial district or the county commissioners of the county with the largest population in multiple-county judicial districts for the operation of such coroner's car. The amount of the car allowance may be different for the district coroner and the deputy district coroner as specified by the county commissioners of a single-county judicial district or the county commissioners of the county with the largest population in multiple-county judicial districts.
(c) The annual salary provided for the district coroner in K.S.A. 22a-227, and amendments thereto, the annual salary or other compensation provided for deputy district coroners under this section, the compensation authorized for a district coroner for holding an inquest in subsection (n) of K.S.A. 22a-230, and amendments thereto, and the other fees and expenses authorized to be paid under this section to coroners and deputy district coroners shall be paid by each of the counties in the judicial district in the proportion that the population of each such county bears to the total population of the judicial district. The board of county commissioners of the county having the largest population of the counties contained in such judicial district shall provide for the payment of such salary, other compensation, fees and expenses from a fund to be set aside by the board of county commissioners and to which each county in the district shall contribute its share of such payments on or before the first day of each month.
History: L. 1963, ch. 166, § 3; L. 1965, ch. 164, § 11; L. 1969, ch. 143, § 3; L. 1973, ch. 175, § 55; L. 1974, ch. 361, § 5; L. 1993, ch. 214, § 4; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-229 ossession of property in determining cause of death.

22a-229.
P
ossession of property in determining cause of death.
The district coroner, or his deputy, shall take possession of and retain as long as necessary, any property important in determining the cause of death in any case in which this act required that the coroner be notified, but only such property. When such property is no longer necessary for his investigation, the property shall be put into the possession of the law enforcement authorities having responsibility for the case.
History:
L. 1963, ch. 166, § 5; January 11, 1965.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-231 otification of death to coroner or deputy, when; jurisdiction regarding investigation.

22a-231.
N
otification of death to coroner or deputy, when; jurisdiction regarding investigation.
When any person dies, or human body is found dead in the state, and the death is suspected to have been the result of violence, caused by unlawful means or by suicide, or by casualty, or suddenly when the decedent was in apparent health, or when decedent was not regularly attended by a licensed physician, or in any suspicious or unusual manner, or when in police custody, or when in a jail or correctional institution, or in any circumstances specified under K.S.A. 22a-242, and amendments thereto, or when the determination of the cause of a death is held to be in the public interest, the coroner or deputy coroner of the county in which the death occurred, if known, or if not known, the coroner or deputy coroner of the county in which such dead body was found, shall be notified by the physician in attendance, by any law enforcement officer, by the embalmer, by any person who is or may in the future be required to notify the coroner or by any other person. The coroner in the county of the cause of death shall decide if an investigation shall take place. If an investigation is authorized by the coroner of the county of cause of death, the coroner in the county of death shall undertake such investigation, with costs to be accounted to and reimbursed by the county of the cause of death. Investigation may include, but is not limited to, obtaining medical and law enforcement background information, examination of the scene of the cause of death, inquest, autopsy, and other duties required of the coroner. If the coroner of the county of the cause of death requests an investigation, the coroner of the county of death shall be responsible for the investigation and the certification of death.
History:
L. 1963, ch. 166, § 7; L. 1965, ch. 164, § 12; L. 1969, ch. 143, § 5; L. 1988, ch. 103, § 1; L. 1992, ch. 312, § 35; L. 1993, ch. 214, § 6; L. 2000, ch. 54, § 2; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-232 uties; transfer of jurisdiction.

22a-232.
D
uties; transfer of jurisdiction.
(a) Upon receipt of notice pursuant to K.S.A. 22a-231, and amendments thereto, the coroner shall take charge of the dead body, make inquiries regarding the cause of death and reduce the findings to a report in writing. Such report shall be filed with the clerk of the district court of the county in which the death occurred if known, or if not known the report shall be filed with the clerk of the district court of the county in which the dead body was found. If the coroner determines that the dead body is not a body described by K.S.A. 22a-231, and amendments thereto, the coroner shall immediately notify the state historical society.
(b) If in the opinion of the coroner information is present in the coroner's report that might jeopardize a criminal investigation, the coroner shall file the report with the clerk of the district court of such county and designate such report as a criminal investigation record, pursuant to subsection (a)(10) of K.S.A. 45-221, and amendments thereto.
(c) If a death investigation involves multiple jurisdictions, the coroner notified under K.S.A. 22a-231, and amendments thereto, may transfer jurisdiction to another jurisdiction if the coroners of both jurisdictions agree to the transfer.
History:
L. 1963, ch. 166, § 8; L. 1976, ch. 124, § 4; L. 1989, ch. 234, § 15; L. 1993, ch. 214, § 7; L. 2000, ch. 54, § 3; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-235 ecords of coroner as evidence; forms.

22a-235.
R
ecords of coroner as evidence; forms.
The records of the coroner filed with the clerk of the district court and other public records of the coroner made by the coroners or by anyone under the direction or supervision and transcripts certified by the coroner shall be received in any court or administrative body in the state as competent evidence of the matters and facts therein contained. All records filed under this section shall be on a form approved by the director of the Kansas bureau of investigation. The records which shall be admissible under this section shall be records of the results of views and examinations of or autopsies upon the bodies of deceased persons by such coroner or by anyone under such coroner's direct supervision or control, and shall not include statements made by witnesses or other persons.
History:
L. 1963, ch. 166, § 10; L. 1965, ch. 164, § 14; L. 1976, ch. 124, § 5; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-236 itness fees to coroner or deputy in criminal proceedings.

22a-236.
W
itness fees to coroner or deputy in criminal proceedings.
Whenever any district coroner or deputy district coroner shall be called upon to testify, by reason of his position as district coroner or deputy district coroner, in any criminal proceeding pending before any of the several courts of this state, such court shall allow the district coroner or deputy district coroner witness fees which are commensurate with such person's professional status. Any such witness fees so allowed shall be taxed as costs in the proceeding.
History:
L. 1969, ch. 143, § 6; April 25.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-241 Definitions.

22a-241.
Definitions.
As used in K.S.A. 22a-241 through 22a-244, and amendments thereto:
(a) "Child" means a person less than 18 years of age.
(b) "Pathologist" means a forensic pathologist, if available. Otherwise, "pathologist" means a physician licensed to practice medicine and surgery and qualified to conduct an autopsy.
(c) "State review board" means the state child death review board established by K.S.A. 22a-243.
(d) "Suspicious circumstances" includes, but is not limited to, abuse or neglect.
History:
L. 1992, ch. 312, § 31; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-242 Child death, notification of coroner; autopsy; notification of state review board; notification of parent or guardian; SIDS death; fee for autopsy.

22a-242.
Child death, notification of coroner; autopsy; notification of state review board; notification of parent or guardian; SIDS death; fee for autopsy.
(a) When a child dies, any law enforcement officer, health care provider or other person having knowledge of the death shall immediately notify the coroner of the known facts concerning the time, place, manner and circumstances of the death. If the notice to the coroner identifies any suspicious circumstances or unknown cause, as described in the protocol developed by the state review board under K.S.A. 22a-243, and amendments thereto, the coroner shall immediately: (1) Investigate the death to determine whether the child's death included any such suspicious circumstance or unknown cause; and (2) direct a pathologist to perform an autopsy.
(b) If, after investigation and an autopsy, the coroner determines that the death of a child does not include any suspicious circumstances or unknown cause, as described in the protocol developed by the state review board under K.S.A. 22a-243, and amendments thereto, the coroner shall complete and sign a nonsuspicious child death form.
(c) If, after investigation and an autopsy, the coroner determines that the death of a child includes any suspicious circumstance or unknown cause, as described in the protocol developed by the state review board under K.S.A. 22a-243, and amendments thereto, the coroner shall notify, within 30 days, the chairperson of the state review board and shall notify, within 24 hours, the county or district attorney of the county where the death of the child occurred.
(d) The coroner shall attempt to notify any parent or legal guardian of the deceased child prior to the performance of an autopsy pursuant to this section and attempt to notify any such parent or legal guardian of the results of the autopsy.
(e) A coroner shall not make a determination that the death of a child less than one year of age was caused by sudden infant death syndrome unless an autopsy is performed.
(f) The fee for an autopsy performed under this section shall be the usual and reasonable fee and travel allowance authorized under K.S.A. 22a-233, and amendments thereto, and shall be paid from the district coroners fund.
History:
L. 1992, ch. 312, § 32; L. 1994, ch. 279, § 27; L. 2002, ch. 119, § 1; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-245 District coroners fund; allocations and distributions.

22a-245.
District coroners fund; allocations and distributions.
(a) There is hereby established in the state treasury the district coroners fund.
(b) Moneys in the district coroners fund after the payment of fees for autopsies under subsection (f) of K.S.A. 22a-242, and amendments thereto, shall be allocated and distributed to each county on March 15 of each year based on the number of recorded deaths in the county during the previous calendar year as a ratio of the total number of deaths in this state during the previous calendar year. Such distributions shall be credited to the county general fund to assist in paying for the district coroner's expenses pursuant to chapter 2 of article 22a of the Kansas Statutes Annotated, and amendments thereto. Moneys in the district coroners fund shall not be allocated and distributed to the county general fund until such time as all outstanding death certificates for the previous calendar year are filed with the state registrar and such certificates contain the final cause of death.
(c) Distributions to counties under this act and payments of fees for autopsies under subsection (f) of K.S.A. 22a-242, and amendments thereto, from this fund shall be made upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of health and environment or by a person or persons designated by the secretary of health and environment.
History:
L. 1993, ch. 214, § 17; L. 2002, ch. 119, § 2; July 1.
2023 Kansas Statutes › Chapter 22a - District Officers And Employees › Article 2 - District Coroners › 22a-246 Evidence taken before body cremated if criminal investigation likely; preservation of records.

22a-246.
Evidence taken before body cremated if criminal investigation likely; preservation of records.
(a) When the death of a person is a death described in K.S.A. 22a-231, and amendments thereto, and a criminal investigation is or is likely to be conducted regarding the death and the body is to be cremated, the district coroner or the coroner's agent having charge of the body shall cause to be taken such evidence to identify the dead person, including, but not limited to:
(1) A forensic dental examination to be made of the body, which examination shall include complete charting, dental x-rays and detailed dental intra-oral photographs;
(2) the complete maxillia and mandible of the body to be removed and preserved; or
(3) a clear recording or print of the complete ridge structure that may be present on the hands and feet of the body.
(b) If a forensic dental examination is made pursuant to subsection (a), the coroner shall cause two copies of the examination records to be made.
(c) All records and copies of records of a forensic dental examination or ridge structure print made pursuant to this section, or any maxilliae and mandible removed pursuant to this section, shall be preserved and retained in evidence until all criminal investigations and judicial proceedings that may arise from such death are finally determined.
History:
L. 1993, ch. 214, § 18; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 21 - Prefatory › 23-2101 Citation of chapter 23.

23-2101. Citation of chapter 23.
The provisions of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, shall be known as the Kansas family law code.
History:
L. 2012, ch. 162, § 19; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 21 - Prefatory › 23-2102 Construction of code.

23-2102. Construction of code.
The provisions of the Kansas family law code shall be construed to secure the just, speedy, inexpensive and equitable determination of issues in all domestic relations matters.
History:
L. 2012, ch. 162, § 20; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 21 - Prefatory › 23-2103 Governance by Kansas code of civil procedure.

23-2103. Governance by Kansas code of civil procedure.
Procedure under the Kansas family law code shall be governed by the Kansas code of civil procedure, and amendments thereto, except as this code otherwise specifically provides.
History:
L. 2012, ch. 162, § 21; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 21 - Prefatory › 23-2104 Governance by Kansas code of evidence.

23-2104. Governance by Kansas code of evidence.
Evidence under the Kansas family law code shall be governed by the Kansas code of evidence, and amendments thereto, except as this code otherwise specifically provides.
History:
L. 2012, ch. 162, § 22; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 21 - Prefatory › 23-2105 Retroactivity.

23-2105. Retroactivity.
The provisions of K.S.A. 23-2101 through 23-2104, and amendments thereto, shall be construed and applied retroactively.
History:
L. 2012, ch. 162, § 23; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 21 - Prefatory › 23-2106 Retroactivity of 2012 amendments.

23-2106. Retroactivity of 2012 amendments.
The 2012 amendments to K.S.A. 23-2217, 23-2706, 23-2709, 23-2710, 23-2715, 23-2717, 23-2802, 23-2902, 23-2905, 23-3001, 23-3004, 23-3005, 23-3207, 23-3208, 23-3215, 23-3219, 23-3221, 23-3222, 23-3301, 23-3302, 23-3304 and 23-3403 shall be construed and applied retroactively.
History:
L. 2012, ch. 162, § 25; May 31.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2201 Title and application of act.

23-2201.
Title and application of act.
(a) K.S.A. 23-2201 and 23-2205 through 23-2225, and acts amendatory thereto and supplemental thereof, shall be known and may be cited as the Kansas parentage act.
(b) Proceedings concerning parentage of a child shall be governed by this act except to the extent otherwise provided by the Indian child welfare act of 1978 (25 U.S.C. §§ 1901 et seq.).
History:
L. 1985, ch. 114, § 1; L. 1994, ch. 292, § 4; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2202 Definitions.

23-2202. Definitions.
As used in K.S.A. 23-2202 through 23-2204, and amendments thereto, except where the context otherwise requires:
(a) "Birthing hospital" means a hospital or facility as defined by rules and regulations of the secretary for children and families.
(b) "IV-D program" means a program for providing services pursuant to part D of title IV of the federal social security act (42 U.S.C. § 651 et seq.), and amendments thereto.
(c) "Unwed mother" means a mother who was not married at the time of conception, at the time of birth or at any time between conception and birth.
History:
L. 1994, ch. 292, § 1; L. 2014, ch. 115, § 31; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2203 Hospital based program for voluntary acknowledgment of paternity.

23-2203. Hospital based program for voluntary acknowledgment of paternity.
(a) There is hereby established in this state a hospital based program for voluntary acknowledgment of paternity pursuant to K.S.A. 65-2409a, and amendments thereto, for newborn children of unwed mothers. Birthing hospitals shall participate in the program. Other hospitals and persons may participate in the program by agreement with the secretary for children and families.
(b) The secretary for children and families shall provide information and instructions to birthing hospitals for the hospital based program for voluntary acknowledgment of paternity. The secretary for children and families may adopt rules and regulations establishing procedures for birthing hospitals under the program.
(c) Subject to appropriations, the secretary for children and families is authorized to establish in this state a physicians' office-based program for voluntary acknowledgment of paternity pursuant to K.S.A. 65-2409a, and amendments thereto, for newborn children of unwed mothers. The secretary shall provide information and instructions to physicians' offices for the program and may adopt rules and regulations establishing procedures for physicians' offices under the program.
(d) The secretary of health and environment shall provide services for the voluntary acknowledgment of paternity, in appropriate circumstances, through the office of the state registrar. The secretary of health and environment may adopt rules and regulations to carry out the requirements of this section.
History:
L. 1994, ch. 292, § 2; L. 1997, ch. 182, § 66; L. 2014, ch. 115, § 32; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2205 Parent and child relationship defined.

23-2205.
Parent and child relationship defined.
As used in this act, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. It includes the mother and child relationship and the father and child relationship.
History: L. 1985, ch. 114, § 2; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2206 Relationship not dependent on marriage.

23-2206.
Relationship not dependent on marriage.
The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents.
History:
L. 1985, ch. 114, § 3; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2207 How parent and child relationship is established.

23-2207.
How parent and child relationship is established.
The parent and child relationship between a child and:
(a) The mother may be established by proof of her having given birth to the child or under this act.
(b) The father may be established under this act or, in the absence of a final judgment establishing paternity, by a voluntary acknowledgment of paternity meeting the requirements of K.S.A. 23-2204, and amendments thereto, unless the voluntary acknowledgment has been revoked pursuant to K.S.A. 23-2209, and amendments thereto.
(c) An adoptive parent may be established by proof of adoption.
History:
L. 1985, ch. 114, § 4; L. 1997, ch. 182, § 62; July 3.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2210 Jurisdiction; venue; precedence of certain other orders.

23-2210. Jurisdiction; venue; precedence of certain other orders.
(a) The district court has jurisdiction of an action brought under the Kansas parentage act. The action may be joined with an action for divorce, annulment, separate maintenance, support or adoption.
(b) If any determination is sought in any action under the Kansas parentage act for custody, residency or parenting time, the initial pleading seeking that determination shall include that information required by K.S.A. 23-37,209, and amendments thereto.
(c) The action may be brought in the county in which the child, the mother or the presumed or alleged father resides or is found. If a parent or an alleged or presumed parent is deceased, an action may be brought in the county in which proceedings for probate of the estate of the parent or alleged or presumed parent have been or could be commenced.
(d) Any order issued pursuant to the revised Kansas code for care of children or the revised Kansas juvenile justice code, shall take precedence over any order under article 22 of chapter 23 of the Kansas Statutes Annotated, and amendments thereto (determination of parentage), until jurisdiction under the revised Kansas code for care of children or the revised Kansas juvenile justice code is terminated.
(e) If a court of competent jurisdiction within this state has entered an order pursuant to the revised Kansas code for care of children regarding custody of a child or children who are involved in a proceeding filed pursuant to this section, and such court has determined pursuant to K.S.A. 38-2264(k), and amendments thereto, that the orders in that case shall become the custody orders in the parentage case, such court shall file a certified copy of the orders with the civil case number in the caption and then close the case under the revised Kansas code for care of children. Such orders shall be binding on the parties, unless modified based on a material change in circumstances, even if such courts have different venues.
History:
L. 1985, ch. 114, § 7; L. 2000, ch. 171, § 73; L. 2010, ch. 75, § 2; L. 2011, ch. 24, § 1; L. 2019, ch. 43, § 2; May 2.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2211 Parties.

23-2211.
Parties.
(a) Except as otherwise provided in subsection (b), the child, the mother, each man presumed to be the father under K.S.A. 23-2208, and amendments thereto, and each man alleged to be the father shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and shall be afforded the opportunity to be heard. If a man alleged or presumed to be the father is a minor, the court shall cause notice of the pendency of the proceedings and copies of the pleadings on file to be served upon the parents or guardian of the minor and shall appoint a guardian ad litem who shall be an attorney to represent the minor in the proceedings. If the parents or guardian of the minor cannot be found, notice shall be served in the manner directed by the court.
(b) In an action to establish an order for support of the child, failure to join any person as a party shall not deprive the court of jurisdiction to determine whether a party to the action has a duty to support the child and, if so, to enter an order for support.
History:
L. 1985, ch. 114, § 8; L. 1986, ch. 157, § 1; L. 1994, ch. 292, § 7; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2212 Genetic tests to determine paternity; order of court; refusal to submit to tests; expert witnesses.

23-2212. Genetic tests to determine paternity; order of court; refusal to submit to tests; expert witnesses.
(a) Whenever the paternity of a child is in issue in any action or judicial proceeding in which the child, mother and alleged father are parties, the court, upon its own motion or upon motion of any party to the action or proceeding, shall order the mother, child and alleged father to submit to genetic tests. If an action is filed by the secretary for children and families under K.S.A. 39-755 or 39-756, and amendments thereto, the court shall order genetic tests on the motion of the secretary for children and families or any party to the action if paternity of the child is in issue. If any party refuses to submit to the tests, the court may resolve the question of paternity against the party or enforce its order if the rights of others and the interests of justice so require. The tests shall be made by experts qualified as genetic examiners who shall be appointed by the court.
(b) Parties to an action may agree to conduct genetic tests prior to or during the pendency of an action for support of a child. The verified written report of the experts shall be admitted into evidence as provided in subsection (c) unless the court finds that paternity of the child is not in issue.
(c) The verified written report of the experts shall be considered to be stipulated to by all parties unless written notice of intent to challenge the validity of the report is given to all parties not more than 20 days after receipt of a copy of the report but in no event less than 10 days before any hearing at which the genetic test results may be introduced into evidence. If such notice is given, the experts shall be called by the court as witnesses to testify as to their findings and shall be subject to cross-examination by the parties. Any party may demand that other experts, qualified as genetic examiners, perform independent tests under order of the court, the results of which may be offered in evidence. The number and qualification of the other experts shall be determined by the court. If no challenge is made, the genetic test results shall be admissible as evidence of paternity without the need for foundation testimony or other proof of authenticity or accuracy.
History:
L. 1985, ch. 114, § 9; L. 1991, ch. 110, § 1; L. 1994, ch. 292, § 8; L. 2014, ch. 115, § 35; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2213 Evidence.

23-2213. Evidence.
(a) Evidence relating to paternity may include any of the following:
(1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception.
(2) An expert's opinion concerning the statistical probability of the alleged father's paternity based upon the duration of the mother's pregnancy.
(3) Genetic test results of the statistical probability of the alleged father's paternity.
(4) Medical or anthropological evidence relating to the alleged father's paternity of the child based on tests performed by experts. The court may, and upon request of a party shall, require the child, the mother and the alleged father to submit to appropriate tests.
(5) Testimony, records and notes of a physician concerning the medical circumstances of the pregnancy and the condition and characteristics of the child upon birth. Such testimony, records and notes are not privileged.
(6) Any other evidence relevant to the issue of paternity of the child, including but not limited to voluntary acknowledgment of paternity made in accordance with K.S.A. 23-2204, and amendments thereto.
(b) Testimony relating to sexual access to the mother by a man at a time other than the probable time of the conception of the child is inadmissible in evidence.
(c) For any child whose weight at birth is equal to or greater than five pounds 12 ounces, or 2,608.2 grams, it shall be presumed that the child was conceived between 300 and 230 days prior to the date of the child's birth. A presumption under this section may be rebutted by clear and convincing evidence.
(d) Evidence consisting of the results of any genetic test that is of a type generally acknowledged as reliable by accreditation bodies designated by the secretary for children and families shall not be inadmissible solely on the basis of being performed by a laboratory approved by such an accreditation body.
(e) Evidence of expenses incurred for pregnancy, childbirth and genetic tests may be admitted as evidence without requiring third-party foundation testimony and shall constitute prima facie evidence of amounts incurred for such goods and services.
History:
L. 1985, ch. 114, § 10; L. 1991, ch. 110, § 2; L. 1994, ch. 292, § 9; L. 1997, ch. 182, § 64; L. 2014, ch. 115, § 36; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2214 Civil action; trial to court.

23-2214.
Civil action; trial to court.
(a) An action under this act is a civil action governed by the rules of civil procedure.
(b) Trial of all issues in actions under this act shall be to the court.
History:
L. 1985, ch. 114, § 11; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2216 Costs.

23-2216. Costs.
(a) Costs and attorney fees may be awarded to either party as justice and equity may require. Unless the attorney represents a public agency in an action, the court may order that the amount be paid directly to the attorney, who may enforce the order in the attorney's name in the same case.
(b) The court may order reasonable fees for the child's guardian ad litem.
(c) The court may order other expenses of the action, including genetic tests, to be paid by the parties in proportions and at times determined by the court. The court may order the proportion of any indigent party to be paid from the general fund of the county. After payment, the court may tax all, part or none of the expenses as costs in the action.
(d) The fee of an expert witness qualified to perform genetic testing, but not appointed by the court, shall be paid by the party calling the expert witness but shall not be taxed as costs in the action.
History:
L. 1985, ch. 114, § 13; L. 2014, ch. 116, § 3; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2219 Counsel for parties; free transcript for indigent on appeal.

23-2219. Counsel for parties; free transcript for indigent on appeal.
(a) If the petitioner is not represented by counsel, the petitioner in an action to determine paternity may apply for services from: (1) The court trustee of the judicial district in which the action is brought, if the office of court trustee has been established in the county; or (2) the Kansas department for children and families or its contractor, if the action is brought pursuant to part D of title IV of the federal social security act (42 U.S.C. § 651 et seq.), as amended. At the request of a petitioner in an action to determine paternity, the county or district attorney of the county in which the action is brought shall proceed on the petitioner's behalf if the petitioner is not represented by counsel, the action is not brought pursuant to part D of title IV of the federal social security act (42 U.S.C. § 651 et seq.), as amended, and there is no court trustee in the county.
(b) The court shall appoint a guardian ad litem to represent the minor child if the court finds that the interests of the child and the interests of the petitioner differ. In any other case, the court may appoint such a guardian ad litem.
(c) The court shall appoint counsel for any other party to the action who is financially unable to obtain counsel.
(d) If a party is financially unable to pay the costs of a transcript, the court shall furnish on request a transcript for purposes of appeal.
History:
L. 1985, ch. 114, § 16; L. 1986, ch. 157, § 2; L. 1994, ch. 292, § 11; L. 2014, ch. 115, § 37; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2220 Action to determine mother and child relationship.

23-2220.
Action to determine mother and child relationship.
Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this act applicable to the father and child relationship apply.
History:
L. 1985, ch. 114, § 17; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2221 Promise to render support.

23-2221.
Promise to render support.
It shall be presumed that there is consideration for any written promise to furnish support for a child, growing out of a presumed or alleged father and child relationship. Such a promise shall be enforceable according to its terms, subject to subsection (d) of K.S.A. 23-2209.
History:
L. 1985, ch. 114, § 18; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2222 Paternity orders; birth certificates.

23-2222.
Paternity orders; birth certificates.
(a) Upon receipt of a certified order from a court of this state or an authenticated order of a court of another state, the state registrar of vital statistics shall prepare a new birth registration consistent with the findings of the court.
(b) The fact that the father and child relationship was declared after the child's birth shall not be ascertainable from the new birth registration, but the actual place and date of birth shall be shown.
(c) The findings upon which the new birth registration was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only in exceptional cases upon order of the court for good cause shown or as otherwise provided in K.S.A. 23-2204.
History:
L. 1985, ch. 114, § 19; L. 1994, ch. 292, § 12; July 1.
2023 Kansas Statutes › Chapter 23 - Kansas Family Law Code › Article 22 - Parentage Act › 23-2223 Amendment of birth certificate to change name of parent or child; procedure.

23-2223. Amendment of birth certificate to change name of parent or child; procedure.
(a) Whenever the parents of a minor child desire that the child's birth certificate be amended to add the name of a parent, correct the name of either parent or of the child or change the child's last name to that of either parent, both parents shall appear before a judge of the district court or a hearing officer authorized by rule of the supreme court to accept voluntary acknowledgments of parentage. The parents shall execute affidavits in the presence of the judge or hearing officer, attesting to the fact that each is a parent of the child and that they desire to amend the birth registration of the child. If both parents are not residents of this state and are outside this state, both parents shall forward to such judge or hearing officer affidavits, sworn to before a judicial officer of the state in which they reside and attesting to the fact that each is a parent of the child and that they desire to amend the birth registration of the child.
(b) The judge or hearing officer shall require the parents to exhibit or to forward to the judge or hearing officer evidence of the birth of the child. If the judge or hearing officer finds that the birth certificate of the child fails to name either the father or mother of the child, that the name of either parent or the child is incorrect or that the child's name should be changed to that of either parent, the judge or hearing officer shall forward both parents' affidavits to the state registrar of vital statistics, together with a certified order to prepare a new birth registration in the manner provided by K.S.A. 23-2222, and amendments thereto, and to seal the affidavits, court order and original birth certificate and allow inspection of them only as provided therein.
(c) The judge or hearing officer shall return all evidence and other exhibits to the parents of the child. No fee shall be charged for the performance of this service. No case file will be opened in the district court, nor will any record be made by the court of the performance of this act.
History:
L. 1986, ch. 157, § 4; L. 2014, ch. 116, § 4; July 1.