Kansas adoption laws


A child may be adopted by an adult who is at least 10 years older than the child. An exception to this requirement may be made if the adoptive parent is a stepparent, sister, brother, aunt, uncle, or first cousin of the child and, if that person is married, is adopting jointly with his or her spouse.

Can LGBT families adopt? Same-sex couples face legal restrictions when petitioning for second-parent adoption.


Can adoptive parents advertise for birth parents? Yes.

Can out-of-state residents finalize an adoption? Yes, they can finalize where the birthparents reside or if an agency placement, where the agency is located.

Can adopting parents use an adoption facilitator or another paid intermediary? Yes, as long as adopting parents use a child-placing agency.

What birth parent expenses may be paid, and in what time period? Reasonable living during or as the result of the pregnancy, medical, legal. 4-6 weeks post placement.

Is there a putative father registry? Yes.

When can consent to adoption be granted? 12 hours after the birth.

 When does consent become irrevocable? If consent is revoked, is return to birth parent automatic? After consent is signed, unless signee can prove by clear and convincing evidence it was not her/his free and voluntary consent. Return is automatic.

Are post-adoption contact agreements legally enforceable? Not addressed in state statutes.


Is a foreign adoption decree automatically recognized by the state? Yes, when the district court receives evidence of the finalization of an adoption that occurred under the laws of the foreign country and evidence of legal admission into the United States.

Can parents readopt in this state? Is it mandatory? Yes, but whether or not it is mandatory is not addressed in state statutes.

When will a U.S. birth certificate be issued? The State Registrar will issue a U.S. birth certificate upon request and receipt of an adoption decree (or evidence of adoption finalization) and proof of the child’s DOB and place of birth along with the report of adoption form.


Are adoption subsidies available? When do they start and how long do they last? Yes, adoption subsidies are available for a special needs child, who is defined as having one of the following: 12 years or older, member of a sibling group of 3 or more, has a professionally diagnosed medical condition that impairs normal functioning, has a professionally diagnosed developmental disability, has a professionally diagnosed behavioral or emotional disability, or is at risk for developing physical, emotional, or development conditions. In addition, the state requires evidence that the child should not be returned to their birth parents and that efforts were made to place the child without assistance. The child must be in the custody of the Kansas Dept. of Social and Rehabilitation Services or a licensed child-placing agency. Adoption subsidies are not available for a child placed by the court, an adoption agency, parents, or any other individuals. Adoption subsidies start upon adoption placement.

Where can I learn more about the process of adopting a child from foster care in Kansas? http://www.dcf.ks.gov

Docking State Office Building, 5th Floor South
915 SW Harrison, Room 551-S
Topeka, KS 66612
(785) 296-0918