Form K.s.a. 59-2129 - Agency Consent To Adoption Of Minor Child (Page 2 of 2) in pdf

Form K.s.a. 59-2129 - Agency Consent To Adoption Of Minor Child Page 2

Authority

K.S.A. 59-2129(b); 59-2114.

Notes on Use

If a child has been placed for adoption with an agency, the authorized representative of the agency must

consent to an adoption of the child. K.S.A. 59-2129(b). This statute also provides that if the child who is to be

adopted is over the age of 14 and of sound intellect, the child’s consent must be given. .

All consents to adoption must be in writing and acknowledged either before a judge of a court of record

or before an officer authorized by law to take acknowledgments. K.S.A. 59-2114(a). Consents must be executed

not more than six months prior to the date of filing of the Petition for Adoption. K.S.A. 59-2114(b).

Comments

According to K.S.A. 59-2128(f), these consents must be filed with the Petition for Adoption. If an

adoption agency accepts a parent’s relinquishment for adoption, the agency stands in loco parentis to the child and

has all the rights of a parent, including the power to place the child for adoption and give consent thereto. K.S.A.

5902124(a).

Notice of the final hearing of the adoption must be given to the agency, unless the agency has waived

notice of the hearing. K.S.A. 59-2133(c). Thus the last paragraph in the form is optional, to be inserted if the

agency is willing to waive notice.

K.S.A. 59-2136(e) provides that the agency to which the child has been relinquished may file the Petition

for Adoption. Thus an agency to which a child has been or is to be relinquished has standing to file a petition for

termination of parental rights. In re Baby Boy N.,19 Kan. App.2d 574, 578, 874 P.2d 680, 683-84 (1994).

Form K.s.a. 59-2129 - Agency Consent To Adoption Of Minor Child Page 2