Is there an age limit for adult adoption in Kansas?

Kansas does not set a numeric age limit for adult adoption in the statute: the person adopting must be an "adult," and no minimum or maximum number is stated in K.S.A. 59-2113. The law says "any adult, or married adult couple jointly, may adopt any minor or adult as their child." An adult adoption is the adoption of someone who has reached the age of majority.

What Kansas does and doesn't condition on age:

• Age of the person adopting: They must be an adult. No specific number is given, so if you're unsure about a particular situation, the District Court clerk in your county can confirm it.
• Age gap: None is stated.
• Relationship or disability: No relationship or disability condition applies.
• Reasons: The petition must state "the facts showing the reasons for the adoption."

Who must consent:

• The adult being adopted (or their legal guardian, if the adoptee is a disabled adult).
• The petitioner's spouse (or that spouse's legal guardian, if the spouse is disabled).
• The adoptee's parents do not consent. The court may order notice to them. If a former parent had no notice and can be located, the petitioner must mail them a certified copy of the decree.

Where and how it's filed:

• Court: District Court, in any of Kansas's 105 counties.
• Residency: Kansas has no minimum residency period. The court has jurisdiction if either the petitioner or the adult adoptee lives in Kansas. Venue is the county where either of them lives, or any county if all parties in interest agree in writing.
• Home study: Not required for adult adoptions.
• Hearing: Required. The court sets the time and place. It may be held with or without notice as the court directs, and may be held right away. Notice to consenting parties is required unless waived.
• Timeline: Adult adoptions typically take 4-8 weeks.
• Cost: Court filing fees typically run $150-$300, and the total is typically under $1,000, compared with $3,000-$5,000+ when hiring an attorney.

When to get extra help: If your situation depends on specific facts, such as a contested case, a disabled adoptee, or a question about notice to a parent, ask the District Court clerk in your county or an attorney about that issue.