In this answer · 2 sections
Yes, you start a stepparent adoption of a child born abroad the same way as any Kansas stepparent adoption: by filing a petition in the District Court in your county. Kansas has 105 counties, and the District Court handles these cases under Kansas Statutes Annotated Chapter 59, Article 21. The data we work from doesn't address a child's country of birth, so any extra paperwork for a foreign-born child is best confirmed with the District Court clerk in your county.
What the Kansas process involves:
- Residency: Kansas sets no minimum residency period (K.S.A. § 59-2126(c)).
- Paperwork: You file a Petition for Adoption, a background information form, and your spouse's consent to the adoption.
- Child's consent: A child who is 14 or older must consent (K.S.A. § 59-2129).
- Home study: Kansas waives it for stepparent adoptions (K.S.A. § 59-2132).
- Timeline: Stepparent adoptions typically take 3-6 months.
- Cost: Court filing fees typically run $150-$300, and the total is typically under $1,000, compared with $3,000-$5,000+ for an attorney.
The other biological parent: This is often the biggest question when a child was born abroad, because that parent may live overseas or be hard to find. Kansas allows consent to be signed any time after the child's birth. It also allows personal service by sheriff or process server, or service by publication if a parent's location is unknown. Where a parent has not been involved, the abandonment period is 24 months (K.S.A. § 59-2136). How those rules apply to a parent living in another country depends on your facts, so ask the clerk or an attorney about your situation.
Documents for a foreign-born child:
- Gather the child's foreign birth certificate and any other birth records you have. Ask the District Court clerk whether the court wants an English translation or anything else for a child born abroad.
- After the adoption, the Kansas Office of Vital Statistics is the agency that handles Kansas birth records. Whether it can issue a Kansas certificate for a child born in another country is something to confirm with that office directly.
Stepparent adoption in Kansas at a glance
- Court
- District Court
- Residency before filing
- No minimum period
- Typical timeline
- 3-6 months
- Court filing fee
- $150-$300
- Child must consent at age
- 14
- Home study
- Usually waived for stepparents
- Kansas families we've helped
- 891
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