Parties

K.S.A. 23-2211 — under PARENTAGE ACT.

K.S.A. 23-2211

23-2211. Parties. (a) Except as otherwise provided in subsection (b), the child, the mother, each man presumed to be the father under K.S.A. 23-2208, and amendments thereto, and each man alleged to be the father shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice of the action in a manner prescribed by the court and shall be afforded the opportunity to be heard. If a man alleged or presumed to be the father is a minor, the court shall cause notice of the pendency of the proceedings and copies of the pleadings on file to be served upon the parents or guardian of the minor and shall appoint a guardian ad litem who shall be an attorney to represent the minor in the proceedings. If the parents or guardian of the minor cannot be found, notice shall be served in the manner directed by the court. (b) In an action to establish an order for support of the child, failure to join any person as a party shall not deprive the court of jurisdiction to determine whether a party to the action has a duty to support the child and, if so, to enter an order for support. History: L. 1985, ch. 114, § 8; L. 1986, ch. 157, § 1; L. 1994, ch. 292, § 7; July 1. Source or Prior Law: 38-1117. Law Review and Bar Journal References: "Challenging the Presumption of Paternity," Sheila Reynolds, 65 J.K.B.A. No. 36 (1996). Attorney General's Opinions: Creation of lien; deprivation of property and due process requirements considered. 97-39. CASE ANNOTATIONS 1. Mother necessary party to parentage petition filed on behalf of child; blood tests properly admitted where no notice given. In re Marriage of O'Brien, 13 Kan. App. 2d 402, 410, 772 P.2d 278 (1989). 2. Court without jurisdiction where action brought without mother, child and presumed father as parties. State ex rel. Secretary of SRS v. Stephens, 13 Kan. App. 2d 715, 717, 782 P.2d 68 (1989). 3. Purpose of Kansas parentage act stated and applied. In re Marriage of Ross, 245 Kan. 591, 595, 783 P.2d 331 (1989). 4. Act contemplates minors as parent; no exception regarding duty of support. State ex rel. Hermesmann v. Seyer, 252 Kan. 646, 652, 847 P.2d 1273 (1993). 5. Court had subject matter jurisdiction over paternity action for support order when presumed father not given notice. Florida Dept. of HRS v. Breeden, 21 Kan. App. 2d 490, 499, 901 P.2d 1357 (1995). 6. Mother who assigns SRS support right is not entitled to separate notice in paternity action. State ex rel. Secretary of SRS v. Miller, 24 Kan. App. 2d 822, 824, 953 P.2d 245 (1998). 7. Failure to join party in child support action did not deprive district court of jurisdiction. State ex rel. Secretary of SRS v. Mayfield, 25 Kan. App. 2d 452, 455, 966 P.2d 85 (1998). Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents USEFUL LINKS Session Laws Kansas Administrative Regulations OTHER LEGISLATIVE SITES Kansas Legislature Administrative Services Division of Post Audit Research Department Contact Us PDF Help www.ksrevisor.gov 2026