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.
Source or Prior Law:
38-113, 38-114, 38-124 through 38-128.
Law Review and Bar Journal References:
"Opening Minds to Open Adoption," Tammy M. Somogye, 45 K.L.R. 619 (1997).
Attorney General's Opinions:
Authority of district court to decline jurisdiction in an agency adoption. 1998-47.
CASE ANNOTATIONS
1. Whether father provided support during six-month period before child born retaining parental rights for adoption consent purposes examined. In re Adoption of Baby Boy B, 254 Kan. 454, 460, 866 P.2d 1029 (1994).
2. Whether attempted relinquishments of parental rights complied with statutory requirements; plaintiff's standing examined. In re Baby Boy N., 19 Kan. App. 2d 574, 577, 874 P.2d 680 (1994).
3. Termination of putative father's parental rights absent relinquishment to agency or adoption constitutes reversible error. In re J.A.C., 22 Kan. App. 2d 96, 100, 911 P.2d 825 (1996).
4. Cited; consensual appointment of permanent guardian under K.S.A. 38-1587 does not terminate parent's obligation to support child. State ex rel. Secretary of SRS v. Bohrer, 286 Kan. 898, 906, 912, 189 P.3d 1157 (2008).
5. Cited; father failed to appear at adoption hearing because of mother's fraud; adoption not void under case facts. In re Adoption of A.A.T., 287 Kan. 590, 594, 619, 196 P.3d 1180 (2008).
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