Consent To Adoption Of Minor Child (Page 3 of 5) in pdf

Certificate of Attorney for Consenting Minor Parent

I am a licensed attorney representing

, who is a minor. I

have fully explained that by signing this consent

is permanently

giving up all parental rights to the child and (she)(he) has stated that such is (her)(his)

intention and desire. I was present at the execution of this relinquishment.

Dated

(

)

signature of attorney

Authority

K.S.A. 59-2114; 59-2115; 59-2116; 59-2117; 59-2129

Notes on Use

Whose Consent is Required. K.S.A. 59-2129 sets forth the list of required consents. For independent

adoptions, the following persons must consent: (1) both living parents or one parent, if the other’s consent is found

unnecessary under K.S.A. 59-2136, or (2) if both parents are dead or their consents are found unnecessary under

K.S.A. 59-2136, the legal guardian (with approval by the court in the guardianship action), or (3) the judge who

terminated parental rights in a code for the care of children proceeding. In addition, consent must be given by (1)

the judge having jurisdiction over the child in a code for the care of children proceeding if parental rights have not

been terminated and (2) the child, if over 14 years of age and of sound intellect. If the consent is by a legal

guardian, the consent shall have attached documents supporting the guardian' s appointment and the authority of

the guardian to execute the consent.

For agency adoptions, consent must be given by (1) the authorized representative of the agency to whom

the child has been relinquished and (2) the child, if over the age of 14 and of sound intellect.

For step-parent adoptions, the consent of both parents is required, or the consent of one if the other’s

consent is found unnecessary under K.S.A. 59-2136.

Form and acknowledgment. Consents must be in writing and acknowledged before a judge of a court

of record or an officer authorized by law to take acknowledgments. If a judge acknowledges the relinquishment,

the judge has a duty to advise the relinquishing person of the consequences of the relinquishment. K.S.A. 59-

2114(a).

There are special rules to cover consents executed outside of Kansas or by military members. If the

consent is executed and acknowledged outside the state, it is valid as long as it was done in accord with the law

of the place where executed or the law of Kansas. However, when a consent or relinquishment is signed in a

foreign country, the execution must be acknowledged in accordance with the law and procedure of the foreign

country. For consenting persons who are in the US military, the consent may be acknowledged before a

commissioned officer and the signature of the officer must be properly verified or acknowledged by a notary public

or another authorized military procedure. K.S.A. 59-2117.

It is not necessary to place a case caption at the beginning of the consent form; sometimes the consent

must be obtained before the proper caption can be formulated. It is necessary, however, to file the required

consents with the adoption petition. K.S.A. 59-2128(b). It is also not required that the consent authorize a

specified person to adopt, although that is often done.

Time of consent. Consents are only valid if executed no more than six months prior to the filing of the

adoption petition. K.S.A. 59-2114(b). In addition, the consent of the mother given within 12 hours after the birth

of the child is voidable, prior to the final decree of adoption. K.S.A. 59-2116.

Consent of minor parent. In order for consent signed by a minor parent to be valid, the minor must have

advice of legal counsel as to the consequences of the relinquishment and the legal counsel must be present at the

execution of the relinquishment. K.S.A. 59-2115. The consent form should include a certificate for the minor’s

attorney to sign verifying that these conditions have been met. The cost of counsel must be provided by the

adoptive parents or by the agency, unless the minor is represented by his or her own counsel.

Revocation. Consents are final when executed, unless the consenting party, prior to the entry of the final

Consent To Adoption Of Minor Child Page 3

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