What counts as abandonment for adoption purposes in Kansas?

Short answer: In Kansas, the abandonment period is 24 months, and it is set out in K.S.A. § 59-2136. That statute is the starting point when a stepparent adoption is going forward without the other biological parent's agreement.

What the 24 months means for you: The 24-month period is the benchmark Kansas uses when a biological parent has walked away from a child. If your child's other parent has been absent for that long, abandonment may be relevant to your case. Whether your situation fits depends on the facts, and the District Court in your county decides that.

Details to confirm for your situation: Several questions come up often, and the answer depends on the specific facts and the court's reading of the statute:

• Whether an occasional call, card, or visit affects the 24 months
• Whether child support payments (or the lack of them) matter
• Exactly which 24 months the court looks at, such as the period right before you file

Your District Court clerk can tell you how to proceed on these points. For a contested or unclear situation, an attorney can look at your specific facts.

How the process works in Kansas:

• Court: You file in the District Court in your county. Kansas has 105 counties, and each has its own clerk's office.
• Termination: Kansas does not treat termination of parental rights as a separate proceeding in a stepparent adoption.
• Notice to the other parent: Kansas allows personal service by a sheriff or process server. If you do not know where the other parent is, service by publication is allowed. If you are in that position, ask the clerk or an attorney how to handle it.
• Child's consent: If your child is 14 or older, the child's consent is required under K.S.A. § 59-2129.
• Home study: A home study is waived in Kansas, under 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 when you handle the paperwork yourself. Attorney-handled adoptions often run $3,000-$5,000+.

If the other parent is cooperative: Kansas allows consent to be signed any time after the child's birth. If the other parent is willing to sign, you may not need to rely on abandonment at all.

A caution on facts: Abandonment is a legal question, not just a personal one. A parent you feel has abandoned your child may still contest the adoption, and the court will weigh the evidence. If you expect a dispute, talk with a Kansas attorney before filing.

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 Kansas county. You then file it yourself without an attorney. The price is $349 for the first child (or one adult adoptee) and $99 for each additional child. Court-ready documents are delivered within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 891 Kansas families, and 34,000+ families nationally since 2001.