Can a same-sex stepparent adopt in Kansas?

Yes, a same-sex stepparent can pursue a stepparent adoption in Kansas. You file a petition in the District Court in your county, and the steps below are the Kansas stepparent adoption process, set out in Kansas Statutes Annotated Chapter 59, Article 21.

Where you file: Kansas has 105 counties, and you file in the District Court. The clerk in your county can tell you about local filing procedures.

Residency: Kansas has no minimum residency period for filing (K.S.A. § 59-2126(c)).

What you will typically prepare:

• A Petition for Adoption
• A background information form
• Your spouse's consent to the adoption

Kansas allows consent to be signed any time after the child's birth.

The child's consent: If your child is 14 or older, the child's consent is part of the process (K.S.A. § 59-2129).

The other legal parent: The child's other parent is part of the process, either by giving consent or, in some situations, through abandonment. Kansas uses a 24-month period for abandonment (K.S.A. § 59-2136). If the other parent cannot be located, Kansas allows service by publication. If the other parent is known, service can be made personally by a sheriff or process server. Whether your situation fits these paths depends on your family's facts. If a parent may object, or if a parent is unknown or absent in a way that is not straightforward, ask the District Court clerk or an attorney about your specific case.

Home study: Kansas waives the home study for stepparent adoptions (K.S.A. § 59-2132).

Unmarried partners and other family setups: The process above is for a stepparent adopting a spouse's child. If you and your partner are not married, or your family is arranged differently, confirm your options with the District Court clerk or a family law attorney in Kansas.

Birth certificate: After the adoption is final, questions about the child's birth record go to the Kansas Office of Vital Statistics. The clerk can also tell you what paperwork to bring.

Timeline and cost:

• Stepparent adoptions in Kansas typically take 3-6 months.
• The court filing fee is typically $150-$300.
• Total cost is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

Kansas has one of the most straightforward stepparent adoption processes in the country, and that applies to every stepparent who files. If you run into any difficulty at the clerk's office, write down what happened and consult a family law attorney or an LGBTQ+ family law advocacy organization.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm.