One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Kansas?

Yes, you may be able to adopt both children in Kansas, but each child has their own father, so the child whose father does not consent needs a different path than the child whose father does. What happens for the second child depends on the facts, so treat what follows as general information, not legal advice.

The child whose father consents. Kansas allows consent to be signed any time after the child's birth, so a cooperative father can sign when it suits you both. The filing for this child includes the Petition for Adoption, a background information form, and your spouse's consent to the adoption. It is filed in the District Court in your county.

The child whose father does not consent. Kansas has an abandonment provision, K.S.A. § 59-2136, that refers to a 24-month period. Whether your children's other father's situation fits it depends on his specific history with the child. Because this is the contested part of your case, ask the District Court clerk or a Kansas attorney about that question. A father who refuses is a different situation from one who has been absent.

Notice to the father. Kansas allows personal service by a sheriff or process server. If you do not know where a father is, service by publication is allowed. Either way, the other father is formally notified of the case.

Questions for the clerk or an attorney. The data we work from does not say whether you must file one petition or two, or whether the court can finalize one child before the other. Ask the District Court clerk in your county. If the non-consenting father objects, speak with an attorney about your specific situation.

Other points that apply to both children:

• Residency: Kansas has no minimum residency period (K.S.A. § 59-2126(c)).
• Child's consent: A child who is 14 or older must consent (K.S.A. § 59-2129). If either of your stepchildren is that age, plan for it.
• Home study: Kansas waives the home study for stepparent adoptions (K.S.A. § 59-2132).
• Timeline: Stepparent adoptions in Kansas typically take 3-6 months.
• Cost: Court filing fees typically run $150-$300, and the total cost is typically under $1,000, compared with $3,000-$5,000+ with an attorney.

What to do next:

• Gather what you know about each father: where he lives, when he last had contact with the child, and whether he supports the adoption.
• Ask the clerk's office how it handles two children with different fathers.
• If the second father may object, get an attorney's opinion on that part.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your county. You file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Court-ready documents arrive within 24-48 hours after you finish the questions, backed by a 100% court acceptance guarantee. We have helped 891 Kansas families, and more than 34,000 families nationally since 2001.