reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1707 Powers of nonresident fiduciaries.

59-1707.
Powers of nonresident fiduciaries.
Upon the filing for record in the district court of the proper county of an authenticated copy of a fiduciary's letters or other record of a fiduciary's authority and a certificate that they are still in force, a fiduciary appointed by a court of competent jurisdiction in another state or country may assign, extend, release, satisfy or foreclose any mortgage, judgment or lien, or collect any debts secured thereby, belonging to the estate represented by such fiduciary. The sale, lease or mortgage of any real estate acquired on execution or judicial sale by a foreign personal representative shall be made pursuant to article 23 of chapter 59.
History:
L. 1939, ch. 180, § 137; L. 1976, ch. 242, § 25; L. 1985, ch. 191, § 27; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1708 Nonresident fiduciary may sue and be sued.

59-1708.
Nonresident fiduciary may sue and be sued.
A fiduciary duly appointed in any other state or country may sue or be sued in any court in this state, in his or her capacity of fiduciary, in like manner and under like restrictions as a nonresident may sue or be sued.
History:
L. 1939, ch. 180, § 138; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1709 Accounting on resignation.

59-1709.
Accounting on resignation.
A fiduciary may resign his or her trust at any time, but the fiduciary's resignation shall not be effective until the court shall have examined and allowed his or her final account and shall have made an order accepting such resignation.
History:
L. 1939, ch. 180, § 139; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1710 Effect of resignation.

59-1710.
Effect of resignation.
The acceptance of the resignation of a fiduciary and the appointment of another shall not affect the liability of such former fiduciary, or his or her sureties, previously incurred.
History:
L. 1939, ch. 180, § 140; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1711 Removal and penalties.

59-1711.
Removal and penalties.
Whenever a fiduciary is or becomes an incapacitated person or otherwise incapable of performing the duties of his or her trust, he or she may be removed. Whenever a fiduciary fails or refuses to perform any of the duties imposed upon him or her by law or by any lawful order of the court, he or she may be removed and his or her compensation may be reduced or forfeited, in the discretion of the court.
History: L. 1939, ch. 180, § 141; L. 1965, ch. 346, § 19; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1712 Accounting on death or disability.

59-1712.
Accounting on death or disability.
Whenever a sole or the last surviving fiduciary dies, or is adjudged an incapacitated person, the fiduciary's personal representative, upon appointment, shall file an account and application for the settlement and allowance thereof and, if proper, for distribution. If the estate has not been fully administered, the surety shall not be discharged until a successor has been appointed and qualified and receipted for the unadministered property.
History: L. 1939, ch. 180, § 142; L. 1965, ch. 346, § 20; L. 1985, ch. 191, § 28; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1713 Termination of authority not to invalidate acts.

59-1713.
Termination of authority not to invalidate acts.
All the acts of a fiduciary as such, before the termination of his or her authority, shall be as valid to all intents and purposes as if such fiduciary had continued lawfully to execute the duties of his or her trust.
History:
L. 1939, ch. 180, § 143; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1714 Compromise with debtor.

59-1714.
Compromise with debtor.
Whenever it appears for the best interests of the estate, the fiduciary may, on order of the court, effect a fair and reasonable compromise with any debtor or other obligor.
History:
L. 1939, ch. 180, § 144; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1715 Conveyance or lease; purchase and acceptance of title by representative, when.

59-1715.
Conveyance or lease; purchase and acceptance of title by representative, when.
When any person legally bound by a written instrument to make a conveyance or lease dies before its making, or when any conservatee is likewise bound to make a conveyance or lease, the personal representative of the estate, upon order of the court and with its approval, may make the conveyance or lease to the person entitled thereto. Whenever any person is legally bound by a written instrument to purchase real property and such person dies before the conveyance is made, the personal representative of the estate is authorized, upon order of the court and with its approval, to comply with the terms of the agreement and to accept the title to such property.
History:
L. 1939, ch. 180, § 145; L. 1959, ch. 243, § 1; L. 1965, ch. 346, § 21; L. 1985, ch. 191, § 29; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1716 Platting real estate.

59-1716.
Platting real estate.
Whenever it is for the best interests of the estate of a decedent or conservatee, real estate may, with the approval of the court, be platted by the fiduciary.
History: L. 1939, ch. 180, § 146; L. 1965, ch. 346, § 22; January 1, 1966.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1717 Compensation and expenses.

59-1717.
Compensation and expenses.
Every fiduciary shall be allowed his or her necessary expenses incurred in the execution of his or her trust, and shall have such compensation for services and those of his or her attorneys as shall be just and reasonable. At any time during administration the fiduciary may apply to the court for an allowance upon his or her compensation and upon attorneys' fees.
History:
L. 1939, ch. 180, § 147; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 17 - Provisions Applicable To All Estates › 59-1718 Discharge.

59-1718.
Discharge.
Whenever any fiduciary has paid or transferred to the persons entitled thereto all of the property of the estate, paid all taxes required to be paid by the fiduciary and has filed proof thereof, and has complied with all the orders and decrees of the court and with the provisions of law, and has otherwise fully discharged his or her trust, the court shall finally discharge the fiduciary and his or her sureties.
History:
L. 1939, ch. 180, § 148; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 20 - Support Of Patients At Certain Institutions › 59-2006b Basic maximum rate of charge for treatment of patients in certain institutions; computation; publication; judicial notice; "state institution" defined.

59-2006b. Basic maximum rate of charge for treatment of patients in certain institutions; computation; publication; judicial notice; "state institution" defined.
(a) At least annually, the secretary for aging and disability services shall establish the basic maximum rate of charge for treatment of patients in each state institution, except that such rates shall not exceed projected hospital costs of the state institution, including the allocated costs of services by other state agencies, as determined by application of generally acceptable hospital accounting principles. In determining these rates, the secretary shall compute the average daily projected operating cost of treatment of all patients in each state institution and shall set a basic maximum rate of charge for each and every patient in each state institution and each such patient's responsible relatives at the average daily projected operating cost of each institution so computed. When established pursuant to this section, each such rate shall be published in the Kansas register by the secretary and thereafter, until a subsequent rate is published as provided in this section, the rates last published shall be the legal rate of charge. All courts in this state shall recognize and take judicial notice of the procedure and the rates established under this section.
(b) In lieu of the procedure for computing the basic maximum rate of charge established under subsection (a), the secretary for aging and disability services may authorize any state institution to compute an individual patient charge on the basis of rates for services based on cost incurred by such state institution as determined by application of generally acceptable hospital accounting principles.
(c) As used in this section, "state institution" means the Osawatomie state hospital, Rainbow mental health facility, Larned state hospital, including the state security hospital, Parsons state hospital and training center and the Kansas neurological institute.
History:
L. 1967, ch. 474, § 2; L. 1969, ch. 281, § 2; L. 1974, ch. 237, § 2; L. 1978, ch. 349, § 5; L. 1981, ch. 227, § 1; L. 1981, ch. 324, § 17; L. 1988, ch. 201, § 1; L. 2014, ch. 115, § 199; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 20 - Support Of Patients At Certain Institutions › 59-2006c Same; appeals to secretary for aging and disability services from decisions compromising or refusing to compromise claim.

59-2006c. Same; appeals to secretary for aging and disability services from decisions compromising or refusing to compromise claim.
Any patient or his or her relative liable for his or her support under this act may appeal to the secretary for aging and disability services pursuant to K.S.A. 75-3306, and amendments thereto, from any decision of the state hospital or employee of the Kansas department for aging and disability services in compromising or refusing to compromise a claim against said patient or relative for the cost of treatment of such patient.
History:
L. 1967, ch. 474, § 3; L. 1974, ch. 237, § 3; L. 2014, ch. 115, § 200; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2111 Citation of act.

59-2111.
Citation of act.
K.S.A. 59-2111 through 59-2143 shall be known and may be cited as the Kansas adoption and relinquishment act.
History:
L. 1990, ch. 145, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2112 Definitions.

59-2112. Definitions.
As used in K.S.A. 59-2111 through 59-2143, and amendments thereto:
(a) "Adult adoption" means the adoption of an individual who has attained the age of majority;
(b) "agency adoption" means the adoption of a minor child where an agency has the authority to consent to the adoption;
(c) "independent adoption" means the adoption of a minor child where the child's parent or parents, legal guardian or nonagency person in loco parentis has the authority to consent to the adoption, but does not include a stepparent adoption;
(d) "stepparent adoption" means the adoption of a minor child by the spouse of a parent with the consent of that parent;
(e) "residence of a child" and "place where a child resides" means the residence of any parent;
(f) "agency" means any public or private entity organized pursuant to Kansas law, or organized pursuant to the laws of the jurisdiction where located, having for its purpose the care and maintenance of children, being authorized to place children for adoption, consent to the adoption and to stand in loco parentis to such children until they are adopted or reach majority;
(g) "person in loco parentis" means an individual or organization vested with the right to consent to the adoption of a child pursuant to relinquishment or an order or judgment by a district court of competent jurisdiction;
(h) "party in interest" means:
(1) A parent whose parental rights have not been terminated;
(2) a prospective adoptive parent;
(3) an adoptive parent;
(4) a legal guardian of a child;
(5) an agency having authority to consent to the adoption of a child;
(6) the child sought to be adopted, if over 14 years of age and of sound intellect; or
(7) an adult adoptee; and
(i) "professional" means any person who receives payment or compensation, but not solely reimbursement for expenses, for providing services related to the placement of children for adoption.
History:
L. 1990, ch. 145, § 2; L. 2018, ch. 118, § 2; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2113 Who may adopt.

59-2113. Who may adopt.
Any adult, or married adult couple jointly, may adopt any minor or adult as their child in the manner provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, except that one spouse cannot do so without the consent of the other.
History:
L. 1990, ch. 145, § 3; L. 2018, ch. 118, § 3; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2114 Written consent required; acknowledgment; revocability of consent, when.

59-2114. Written consent required; acknowledgment; revocability of consent, when.
(a) Consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If consent is acknowledged before a judge of a court of record, it shall be the duty of the court to inform the consenting person of the legal consequences of the consent. A consent is final when executed, unless the consenting party, prior to final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party.
(b) Consent in all cases shall have been executed not more than six months prior to the date the petition for adoption is filed.
History:
L. 1990, ch. 145, § 4; L. 2018, ch. 118, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2115 Consent or relinquishment; minor parent.

59-2115.
Consent or relinquishment; minor parent.
Minority of a parent shall not invalidate a parent's consent or relinquishment, except that a minor parent shall have the advice of independent legal counsel as to the consequences of the consent or relinquishment prior to its execution. The attorney providing independent legal advice to the minor parent shall be present at the execution of the consent or relinquishment. Unless the minor parent is otherwise represented by independent legal counsel, the petitioner or child placing agency shall provide independent legal counsel to the minor parent at such petitioner's or child placing agency's sole expense.
History:
L. 1990, ch. 145, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2116 Consent or relinquishment; time of execution.

59-2116. Consent or relinquishment; time of execution.
(a) A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child. Any consent or relinquishment given by the mother before 12 hours after the birth of a child is voidable, prior to the final decree of adoption.
(b) A consent or relinquishment may be given by any father or possible father any time after the birth of a child. A consent may be given by any father or possible father before the birth of the child only if he has the advice of independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice shall be present at the execution of the consent.
History:
L. 1990, ch. 145, § 6; L. 1994, ch. 301, § 12; L. 2018, ch. 118, § 5; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2117 Same; execution and acknowledgment outside of state, in foreign country or by person in military service.

59-2117. Same; execution and acknowledgment outside of state, in foreign country or by person in military service.
(a) A consent or relinquishment, or document that is the functional equivalent of a Kansas consent or relinquishment, is valid if executed and acknowledged outside of this state or in a foreign country either in accordance with the law of this state or in accordance with the law of the place where executed.
(b) If the person signing a consent or relinquishment is in the military service of the United States, the execution of the consent or relinquishment may be acknowledged before a commissioned officer and the signature of the officer shall be verified or acknowledged before a notary public or by such other procedure as is then in effect for such division or branch of the armed forces.
History:
L. 1990, ch. 145, § 7; L. 2018, ch. 118, § 6; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2118 Effect of adoption; name; rights of child, parents.

59-2118.
Effect of adoption; name; rights of child, parents.
(a) Any person adopted as provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, shall assume the surname of the petitioner or petitioners for adoption, except that the court in its discretion may permit a different surname when requested by the petitioner or petitioners. When requested by the petitioner or petitioners, the court, in its discretion, may change the given name or names of the person adopted.
(b) When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent. The adoptive parent shall be entitled to exercise all the rights of a birth parent and be subject to all the liabilities of that relationship. Upon adoption, all the rights of birth parents to the adopted person, including their right to inherit from or through the person, shall cease, except the rights of a birth parent who is the spouse of the adopting parent. An adoption shall not terminate the right of the child to inherit from or through the birth parent.
History:
L. 1990, ch. 145, § 8; L. 1993, ch. 195, § 4; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2120 Interstate adoption; procedures.

59-2120. Interstate adoption; procedures.
Interstate placements of children shall comply with the procedures contained in the interstate compact on placement of children as set forth in K.S.A. 38-1202, and amendments thereto. Any professional providing services related to the placement of children for adoption who fails to comply with the provisions of the interstate compact for the placement of children is guilty of a class C nonperson misdemeanor.
History:
L. 1990, ch. 145, § 10; L. 2018, ch. 118, § 7; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2121 Payment for adoption; limitation; approval by court; criminal penalties.

59-2121. Payment for adoption; limitation; approval by court; criminal penalties.
(a) Except as otherwise authorized by law, no person shall request, receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption, other than:
(1) Reasonable fees for legal and other professional services rendered in connection with the placement or adoption not to exceed customary fees for similar services by professionals of equivalent experience and reputation where the services are performed;
(2) reasonable fees of a licensed child-placing agency;
(3) actual and necessary expenses incident to placement or to the adoption proceeding;
(4) actual medical expenses of the mother attributable to pregnancy and birth;
(5) actual medical expenses of the child; and
(6) reasonable living expenses of the mother which are incurred during or as a result of the pregnancy.
(b) In an action for adoption, a detailed accounting of all consideration given, or to be given, and all disbursements made, or to be made, in connection with the adoption and the placement for adoption shall accompany the petition for adoption. Upon review of the accounting, the court shall disapprove any such consideration which the court determines to be unreasonable or in violation of this section and, to the extent necessary to comply with the provisions of this section, shall order reimbursement of any consideration already given in violation of this section.
(c) Knowingly and intentionally receiving or accepting clearly excessive fees or expenses in violation of subsection (a) shall be a severity level 9, nonperson felony. Knowingly failing to list all consideration or disbursements as required by subsection (b) shall be a class B nonperson misdemeanor.
History:
L. 1990, ch. 145, § 11; L. 1994, ch. 291, § 77; L. 2018, ch. 118, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2122 Files and records of adoption.

59-2122. Files and records of adoption.
(a) Except as provided in subsections (b) and (c), the files and records of the court in adoption proceedings shall not be open to inspection or copy by persons other than the following:
(1) The party filing for adoption or termination and that party's attorney;
(2) an adoptee who has reached the age of majority;
(3) representatives of the Kansas department for children and families;
(4) the disciplinary administrator; and
(5) the commission on judicial qualifications.
(b) Prior to the final decree of adoption, any party in interest may request access to the files and records of an adoption proceeding. After notice and a hearing, and upon a written finding of good cause, the court may order that some or all of the files and records of an adoption proceeding be open to inspection or copy by the moving party.
(c) After the final decree of adoption, the court may permit access to some or all of the files and records of an adoption proceeding for good cause shown.
(d) The Kansas department for children and families may contact the adoptive parents of the minor child or the adopted adult at the request of the birth or genetic parents in the event of a health or medical need. The Kansas department for children and families may contact the adopted adult at the request of the birth or genetic parents for any reason. Identifying information shall not be shared with the birth or genetic parents without the permission of the adoptive parents of the minor child, the adopted adult or the legal guardian of the adopted adult. The Kansas department for children and families may contact the birth or genetic parents at the request of the adoptive parents of the minor child, the adopted adult or the legal guardian of the adopted adult in the event of a health or medical need. The Kansas department for children and families may contact the birth or genetic parents at the request of the adopted adult for any reason.
History:
L. 1990, ch. 145, § 12; L. 2008, ch. 145, § 9; L. 2014, ch. 115, § 201; L. 2018, ch. 118, § 9; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2123 Certain advertisements and offers relating to adopting and placing children prohibited; licensure of person placing advertisement; definitions.

59-2123. Certain advertisements and offers relating to adopting and placing children prohibited; licensure of person placing advertisement; definitions.
(a) Except as otherwise provided in this section:
(1) Any person who advertises that such person will provide adoption-related services or adopt, find an adoptive home for a child or otherwise place a child for adoption shall state in such advertisement whether or not such person is licensed and if licensed, under what authority such license is issued and in what profession;
(2) no person shall offer to adopt, find a home for or otherwise place a child as an inducement to a woman to come to such person's maternity center during pregnancy or after delivery; and
(3) no person shall offer to adopt, find a home for or otherwise place a child as an inducement to any parent, guardian or custodian of a child to place such child in such person's home, institution or establishment.
(b) The provisions of subsection (a)(1) shall not apply to the Kansas department for children and families or to an individual seeking to adopt a child. The provisions of subsection (a)(3) shall not apply to the Kansas department for children and families, an individual seeking to adopt a child, an agency or an attorney.
(c) As used in this section:
(1) "Advertise" means to communicate by newspaper, radio, television, handbills, placards or other print, broadcast, telephone directory or electronic medium.
(2) "Person" means an individual, firm, partnership, corporation, joint venture or other association or entity.
(3) "Maternity center" means the same as provided in K.S.A. 65-503, and amendments thereto.
(d) Any person who violates the provisions of this section shall be guilty of an unclassified misdemeanor and shall be fined not more than $1,000 for each violation.
History:
L. 1990, ch. 145, § 13; L. 1994, ch. 279, § 3; L. 2008, ch. 140, § 1; L. 2014, ch. 115, § 202; L. 2018, ch. 118, § 10; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2124 Relinquishment of child to agency.

59-2124. Relinquishment of child to agency.
(a) Any parent or parents or person in loco parentis may relinquish a child to an agency, and if the agency accepts the relinquishment in writing, the agency shall stand in loco parentis to the child and shall have and possess over the child all rights of a parent or legal guardian, including the power to place the child for adoption and give consent thereto.
(b) All relinquishments to an agency under K.S.A. 59-2111 through 59-2143, and amendments thereto, shall be deemed sufficient if in substantial compliance with the form for relinquishment set forth by the judicial council, and shall be executed by: (1) Both parents of the child; (2) one parent, if the other parent is deceased or the other parent's relinquishment is found unnecessary under K.S.A. 59-2136, and amendments thereto; or (3) a person in loco parentis.
(c) The relinquishment shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If the relinquishment is acknowledged before a judge of a court of record, it shall be the duty of the court to inform the relinquishing person of the legal consequences of the relinquishment.
(d) A relinquishment shall be final when executed, unless the relinquishing party, prior to the entry of a final order terminating parental rights, alleges and proves by clear and convincing evidence that the relinquishment was not freely and voluntarily given. The burden of proving that the relinquishment was not freely and voluntarily given shall rest with the relinquishing party.
(e) Except as otherwise provided, in all cases where a parent or person in loco parentis has relinquished a child to an agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, all the rights of the parent or person in loco parentis shall be terminated. If a parent has relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, and the other parent does not relinquish such child to the agency and the other parent's rights are not terminated by a final court order, the rights of the parent who has relinquished a child to the agency shall not be terminated and the full rights of the parent are restored.
(f) A parent's relinquishment of a child shall not terminate the right of the child to inherit from or through such parent.
History:
L. 1990, ch. 145, § 14; L. 1993, ch. 195, § 2; L. 2005, ch. 101, § 3; L. 2018, ch. 118, § 11; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2125 Application of K.S.A. 59-2126 through 59-2136.

59-2125.
Application of K.S.A. 59-2126 through 59-2136.
In addition to those requirements, where applicable, as set out in the provisions of K.S.A. 59-2111 through 59-2124, K.S.A. 59-2126 through 59-2136 shall apply to adoptions of minor children.
History:
L. 1990, ch. 145, § 15; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2126 Venue.

59-2126. Venue.
(a) Except as provided in subsection (f), in an independent adoption, venue shall be in the county in which the petitioner resides or in the county in which the child to be adopted resides.
(b) Except as provided in subsection (f), in an agency adoption, venue shall be in the county:
(1) In which the petitioner resides;
(2) in which the child to be adopted resided prior to receipt of custody by the agency;
(3) where the principal place of business for the child placing agency is located; or
(4) if the state or a department of the state is the agency, where the department or any subcontracting agency has an office.
(c) Except as provided in subsection (f), in a stepparent adoption, venue shall be in the county in which the petitioner resides or where the child resides.
(d) If the petitioner resides upon or is stationed at a United States military post or reservation within this state, and the child to be adopted is then residing with the petitioner, venue may be in the district court of the county in which the post or reservation is located, or in the district court of any county located immediately adjacent to such county.
(e) Where the residence of the child, as defined in K.S.A. 59-2112, and amendments thereto, serves as the basis for venue, a sworn affidavit shall be filed with the petition setting forth the factual basis for the child's residency.
(f) In all adoptions, venue may be established in any county in Kansas, if all parties in interest agree in writing to venue in that county.
History:
L. 1990, ch. 145, § 16; L. 2018, ch. 118, § 12; L. 2022, ch. 36, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2127 Jurisdiction.

59-2127. Jurisdiction.
Jurisdiction over proceedings under the Kansas adoption and relinquishment act including a proceeding to terminate parental rights pursuant to K.S.A. 59-2136, and amendments thereto, is governed by the uniform child custody jurisdiction and enforcement act, K.S.A. 23-37,101 through 23-37,405, and amendments thereto, except that in adoption proceedings, the notice provisions of K.S.A. 59-2133 and 59-2136, and amendments thereto, shall control.
History:
L. 1990, ch. 145, § 17; L. 2000, ch. 171, § 75; L. 2018, ch. 118, § 13; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2129 Consent.

59-2129.
Consent.
(a) Consent to an independent adoption shall be given by: (1) The living parents of the child; or
(2) one of the parents of the child, if the other's consent is found unnecessary under K.S.A. 59-2136, and amendments thereto; or
(3) the legal guardian of the child, if both parents are dead or if their consent is found to be unnecessary under K.S.A. 59-2136, and amendments thereto; or
(4) the court entering an order under K.S.A. 38-2270, and amendments thereto; and
(5) the judge of any court having jurisdiction over the child pursuant to the revised Kansas code for care of children, if parental rights have not been terminated; and
(6) the child sought to be adopted, if over 14 years of age and of sound intellect.
(b) Consent to an agency adoption shall be given by: (1) The authorized representative of the agency having authority to consent to the adoption of the child; and
(2) the child sought to be adopted, if over 14 years of age and of sound intellect.
(c) The provisions of subsection (a) shall apply to consent in a stepparent adoption, except that subsections (a)(3) and (4) shall not apply.
(d) A consent given by a parent, legal guardian or agency shall be deemed sufficient if in substantial compliance with the form for consent set forth by the judicial council.
(e) A consent given by a legal guardian, judge or agency shall set forth the authority to execute the consent and shall be accompanied by documents supporting that authority.
History: L. 1990, ch. 145, § 19; L. 2005, ch. 101, § 4; L. 2006, ch. 200, § 103; January 1, 2007.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2130 Independent and agency adoptions; background information on adoptee and parents; filing; disclosure.

59-2130. Independent and agency adoptions; background information on adoptee and parents; filing; disclosure.
(a) The following information shall be filed with the petition in an independent or agency adoption:
(1) A complete written genetic, medical and social history of the child and the parents;
(2) the names, dates of birth, addresses, telephone numbers, and social security numbers of each of the child's parents, if known;
(3) a properly executed authorization for release of any hospital records pertaining to the child; and
(4) the child's birth verification, which shall include the date, time and place of birth and the name of the attending physician.
(b) The genetic, medical and social history required by this section shall be in conformity with the rules and regulations adopted by the secretary for children and families and on forms provided by the secretary.
(c) If any information required to be filed under this section is not available, an affidavit explaining the reasons why it is not available shall be filed with the petition for adoption.
(d) The secretary for children and families shall adopt rules and regulations establishing procedures for updating a child's genetic, medical and social history if new information becomes known at a later date. The agency or person conducting the investigation under K.S.A. 59-2132, and amendments thereto, shall advise in writing each of the child's biological parents, if known, of those procedures.
(e) Any employee or agent of the Kansas department for children and families, a child-placing agency or a district court who intentionally destroys any information required to be filed under this section is guilty of a class C nonperson misdemeanor.
History:
L. 1990, ch. 145, § 20; L. 2014, ch. 115, § 203; L. 2018, ch. 118, § 15; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2131 Same; temporary orders.

59-2131.
Same; temporary orders.
Pending the hearing in an independent or agency adoption, the court may make an appropriate order for the care and custody of the child. If the court makes an order for placement in a home not licensed to provide such care, then the home shall first be assessed by a person or agency authorized to make assessments under subsection (a) or (f) of K.S.A. 59-2132. In the absence of a preplacement assessment, the court may make an order for placement in a home not licensed to provide for the care and custody of the child following an evidentiary hearing which shall include testimony by the petitioners. Such hearing shall be heard and determined by the court as expeditiously as possible.
History:
L. 1990, ch. 145, § 21; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2133 Notice; waiver.

59-2133. Notice; waiver.
(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 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 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.
(c) In an agency adoption, notice of the hearing on the petition shall be given to the consenting agency, the parents or possible parents, 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.
(d) 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.
History:
L. 1990, ch. 145, § 23; L. 2013, ch. 35, § 1; L. 2018, ch. 118, § 17; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2134 Hearing.

59-2134. Hearing.
(a) Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination of whether or not the court should exercise its jurisdiction, offered by any party in interest. If the adoption is granted, the court shall enter a final decree of adoption, which terminates parental rights if not previously terminated.
(b) If the adoption is denied, the court shall enter appropriate orders. Such orders may include an order giving temporary custody of the child to another person or agency for a period not to exceed 30 days pending termination of the instant case or a new case being filed.
(c) The costs of the adoption proceedings shall be paid by the petitioner or as assessed by the court.
History:
L. 1990, ch. 145, § 24; L. 2018, ch. 118, § 18; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2135 Information to be provided to Kansas department for children and families.

59-2135. Information to be provided to Kansas department for children and families.
The clerk of each district court shall provide a copy of the decree of adoption, a copy of the report of adoption required in K.S.A. 59-2119, and amendments thereto, and a copy of the information required in K.S.A. 59-2130, and amendments thereto, pertaining to any adoption of a minor to the secretary for children and families. All information pertaining to adoptions of minors required to be provided to the secretary for children and families shall be maintained by the secretary and shall be subject to disclosure to the same extent as files and records of the court under K.S.A. 59-2122, and amendments thereto.
History:
L. 1990, ch. 145, § 25; L. 2014, ch. 115, § 205; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2137 Application of K.S.A. 59-2138 through 59-2142.

59-2137.
Application of K.S.A. 59-2138 through 59-2142.
In addition to those requirements, where applicable, as set out in the provisions of K.S.A. 59-2111 through 59-2124, K.S.A. 59-2138 through 59-2142 shall apply to adult adoptions.
History:
L. 1990, ch. 145, § 27; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2138 Venue.

59-2138. Venue.
(a) A court of this state has jurisdiction over a proceeding for the adoption of an adult if the petitioner or the adult to be adopted resides in this state.
(b) Venue shall be in the county in which the petitioner or the adult to be adopted resides. Venue may be established in any county in Kansas if all parties in interest agree in writing to venue in that county.
History:
L. 1990, ch. 145, § 28; L. 2018, ch. 118, § 20; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2139 Petition.

59-2139.
Petition.
(a) A petition for adult adoption shall be filed by the person desiring to adopt the adult and shall state: (1) The name, residence and address of the petitioner;
(2) the name, residence, address and date of birth of the adult to be adopted;
(3) whether the petitioner or adult to be adopted is married and if so, the name, residence and address of the spouse;
(4) the facts showing the reasons for the adoption;
(5) whether one or both of the parents of the adult to be adopted are living and the name, residence and address of those living so far as known to the petitioner or the adult to be adopted; and
(6) whether or not any change of name is requested.
(b) The written consents required by K.S.A. 59-2140, and amendments thereto, and the accounting required by K.S.A. 59-2121 shall be filed with the petition for adoption.
History:
L. 1990, ch. 145, § 29; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2140 Consent.

59-2140.
Consent.
Before any adult is adopted consent to the adoption shall be given by: (a) The adult subject of the adoption or the legal guardian of a disabled adult subject of adoption; and
(b) the spouse of the petitioner or the spouse's legal guardian if a disabled person.
History:
L. 1990, ch. 145, § 30; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2141 Notice and hearing.

59-2141. Notice and hearing.
(a) The court, by order, shall fix a time and place for hearing on the petition for adult adoption. The hearing may be with or without notice as the court shall direct and the court may hear the petition forthwith.
(b) The court may order that notice of the hearing be given to the parents of the adult subject of the adoption and shall require notice, unless waived, to any consenting party.
History:
L. 1990, ch. 145, § 31; L. 2018, ch. 118, § 21; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2142 Copy of decree to former parent.

59-2142.
Copy of decree to former parent.
The petitioner or attorney for the petitioner, if a decree of adoption is entered, shall mail a certified copy of the decree to the former parent of the adult adoptee, if the parent has had no notice of the proceeding and, with reasonable diligence, can be located for service by first-class mail. The petitioner or the attorney shall file proof of mailing with the court or shall file an affidavit setting forth the reasons for noncompliance if the reasons are not evident from the verified pleadings on file. Failure to give the notice required by this section shall not invalidate the adoption.
History:
L. 1990, ch. 145, § 32; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2143 Consent and relinquishment form.

59-2143. Consent and relinquishment form.
The forms for consent, relinquishment and waiver of notice of hearing to be utilized under the Kansas adoption and relinquishment act shall be set forth by the judicial council.
History:
L. 1990, ch. 145, § 33; L. 2005, ch. 101, § 5; L. 2018, ch. 118, § 22; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 21 - Adoption › 59-2144 Foreign adoption; filing documents with the clerk of the district court; birth certificate.

59-2144.
Foreign adoption; filing documents with the clerk of the district court; birth certificate.
(a) When a Kansas resident adopts a child in a foreign country in accordance with the laws of the foreign country pertaining to relinquishment, termination of parental rights and consent to the adoption, the decree of adoption or a similar document or documents which evidences finalization of the adoption in the foreign country, and evidence of lawful admission into the United States, when filed with and entered in the records of the clerk of the district court of any county in this state, has the same force and effect as if the decree of adoption, or a similar document or documents which evidences finalization of the adoption in the foreign country, was granted in accordance with the provisions of the Kansas adoption and relinquishment act.
(b) When such decree or document is filed and entered, the adoptive parent or parents may request a birth certificate pursuant to K.S.A. 65-2423, and amendments thereto.
(c) This section shall be part of and supplemental to the Kansas adoption and relinquishment act.
History:
L. 1994, ch. 301, § 1; L. 1996, ch. 116, § 1; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2201 Pleading.

59-2201.
Pleading.
Every application in a probate proceeding, unless made during a hearing or trial, shall be by petition signed and verified by or on behalf of the petitioner. No defect in form shall impair substantial rights; and no defect in the statement of jurisdictional facts actually existing shall invalidate any proceedings.
History:
L. 1939, ch. 180, § 177; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2202 Contents of petition.

59-2202.
Contents of petition.
Every petition in a probate proceeding shall state: (1) The name, residence, and address of the petitioner; (2) the interest of the petitioner and his or her right to apply to the court; (3) the jurisdictional facts; (4) the facts, in ordinary and concise language, showing that the petitioner is entitled to the relief sought; and (5) a prayer for relief.
History:
L. 1939, ch. 180, § 178; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2203 Venue.

59-2203.
Venue.
Proceedings for the probate of a will or for administration shall be had in the county of the residence of the decedent at the time of such decedent's death if the decedent owned an interest in real property in such county, or, if the decedent did not own an interest in real property in the decedent's county of residence at the time of such decedent's death, in such county of the residence of the decedent at the time of such decedent's death or in any county where the decedent owned an interest in real property; if the decedent was not a resident of this state, proceedings may be had in any county where such decedent left any estate to be administered as provided in K.S.A. 59-805, and amendments thereto. Proceedings for the administration of a partnership estate by the surviving partner shall be had in the county of the residence of the deceased partner at the time. If the deceased partner is a nonresident of the state the proceedings may be had in any county in which any of the partnership property is situated. Such proceedings first legally commenced shall extend to all of the property of the decedent or proposed conservatee in this state.
If the proceedings are instituted in more than one county, they shall be stayed except in the county where first commenced until final determination of venue. If the proper venue is determined to be in another county, the district court shall transmit the entire file to the proper county.
History:
L. 1939, ch. 180, § 179; L. 1965, ch. 346, § 26; L. 1967, ch. 314, § 12; L. 1970, ch. 228, § 1; L. 1976, ch. 242, § 29; L. 1990, ch. 200, § 1; L. 1990, ch. 145, § 36; L. 2002, ch. 114, § 60; L. 2010, ch. 70, § 8; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2204 Commencement of proceeding.

59-2204.
Commencement of proceeding.
A probate proceeding may be commenced in the district court by filing a petition and causing it to be set for hearing. When a petition is filed, the court shall fix the time and place for the hearing on it. When a petition is filed for the appointment of a personal representative, the court may appoint the proposed personal representative or some other suitable person, with or without bond, to conserve the estate until a hearing is had and a personal representative is appointed.
History:
L. 1939, ch. 180, § 180; L. 1976, ch. 242, § 30; L. 1985, ch. 191, § 30; July 1.
2023 Kansas Statutes › Chapter 59 - Probate Code › Article 22 - Probate Procedure › 59-2205 Persons under disability.

59-2205.
Persons under disability.
The petition of a person under legal disability shall be by his or her guardian, conservator or next friend. When it is by his or her next friend the court may substitute the guardian, conservator, or any person, for the next friend. The court may appoint a guardian ad litem in any probate proceeding to represent and defend a party thereto under legal disability. All possible unborn or unascertained beneficiaries may be represented by living competent members of the class to which they do or would belong, or by guardian ad litem, as the court deems best.
History:
L. 1939, ch. 180, § 181; L. 1951, ch. 342, § 1; L. 1965, ch. 346, § 27; January 1, 1966.