59-2102. History: L. 1939, ch. 180, § 174; L. 1951, ch. 341, § 1; L. 1953, ch. 274, § 1; L. 1965, ch. 346, § 25; L. 1968, ch. 201, § 1; L. 1976, ch. 242, § 27; L. 1982, ch. 182, § 136; L. 1985, ch. 114, § 26; L. 1987, ch. 151, § 2; Repealed, L. 1990, ch. 145, § 38; July 1. Source or prior law: 38-106, 38-117. CASE ANNOTATIONS 1. Unmarried minor cannot legally surrender her child without probate court's consent (concurring opinion). Wilson v. Kansas Children's Home, 159 Kan. 325, 332, 154 P.2d 137. 2. Applied; probate court action pending in custody case; district court without jurisdiction. Walker v. McNutt, 165 Kan. 533, 539, 196 P.2d 163. 3. Mentioned; revocation of consent to adoption, when permissible. In re Thompson, 178 Kan. 127, 131, 283 P.2d 127. 4. Adoption proceeding; fraud held extrinsic; adoption decree properly set aside. In re Thornton, 184 Kan. 551, 555, 337 P.2d 1027. 5. Failure to assume duties of parent; construed. In re Waters, 195 Kan. 614, 616, 617, 621, 408 P.2d 590. 6. Consent of natural parents required unless clearly proven facts warrant exception; "two consecutive years" refers to period next preceding adoption filing; duty of parent goes further than mere support. In re Sharp, 197 Kan. 502, 503, 504, 505, 506, 419 P.2d 812. 7. Consent of both living parents necessary for adoption. In re Marsolf, 200 Kan. 128, 131, 434 P.2d 1010. 8. The period of gestation of a child may not be included in computing the two year period of failure to assume parental duties. In re Nelson, 202 Kan. 663, 666, 667, 451 P.2d 173. 9. Applied; adoption decree held not subject to collateral attack; adoptive parents, rights include custody. Jones v. Jones, 215 Kan. 102, 523 P.2d 743. 10. Paternal grandmother with visitation rights under K.S.A. 38-129 not entitled to notice of adoption. Browning v. Tarwater, 215 Kan. 501, 506, 524 P.2d 1135. 11. Order for adoption of child by stepmother affirmed; failure to assume duties of parent for two consecutive years. In re Herbst, 217 Kan. 164, 165, 166, 535 P.2d 437. 12. Provision requiring consent of unwed mother but not the father to adoption does not offend constitutional guarantees of due process and equal protection. In re Lathrop, 2 Kan. App. 2d 90, 96, 97, 98, 575 P.2d 894. 13. Subsection (3) construed; trial court erred in ruling that the mother failed to assume duties of a parent for two years; father of illegitimate child has no authority to place child for adoption. Aslin v. Seamon, 2 Kan. App. 2d 265, 270, 578 P.2d 277. Reversed: 225 Kan. 77, 81, 587 P.2d 875. 14. Unadjudicated natural father of illegitimate child who acknowledged paternity in writing was a "parent" authorized to execute valid consent to adoption. Aslin v. Seamon, 225 Kan. 77, 78, 79, 81, 82, 587 P.2d 875. 15. Facts showed failure to support for two-year period; fitness no issue in determining if consent to adoption required. In re Adoption of Wilson, 227 Kan. 803, 804, 805, 806, 610 P.2d 598. 16. Section strictly construed; natural father held not to have failed or refused to assume the duties of a parent for two consecutive years. In re Adoption of Harrington, 228 Kan. 636, 638, 639, 620 P.2d 315. 17. Strict construction of subsection (3) reaffirmed; father held not to have failed or refused to assume parental responsibilities; adoption decree set aside. In re Adoption of Steckman, 228 Kan. 669, 673, 674, 675, 678, 620 P.2d 319. 18. Consent to adoption executed in substantial compliance herewith valid; acknowledgment of written consent to adoption in Missouri not valid. In re Adoption of Trent, 5 Kan. App. 2d 363, 616 P.2d 304. Reversed: 229 Kan. 224, 624 P.2d 433. 19. Consent to adoption does not require it be given to specifically named persons. In re Adoption of Chance, 4 Kan. App. 2d 576, 582, 584, 609 P.2d 232. 20. If parental rights of natural father of illegitimate child have not been severed, he has preference to custody over prospective adoptive parents so long as he maintains parental duties; written, acknowledged consent, filed of record, is irrevocable unless consenting party proves before adoption that consent was not freely and voluntarily given. Treiber v. Stong, 5 Kan. App. 2d 392, 395, 396, 617 P.2d 114. 21. Consent of adoption executed in another state sufficient if in compliance with Kansas law; not in compliance with law of State where executed. In re Adoption of Gates, 6 Kan. App. 2d 945, 946, 636 P.2d 818 (1981). 22. If parents are not assuming duties, guardian must be appointed and give consent. In re Adoption of Smith, 6 Kan. App. 2d 575, 576, 577, 578, 631 P.2d 255 (1981). 23. Adoption of illegitimate child over objection and without consent of father, found to be unfit, held constitutional. In re Adoption of Baby Boy L., 231 Kan. 200, 201, 213, 215, 220, 221, 222, 223, 224, 643 P.2d 168 (1982). 24. Cited; stepfather, seeking to set aside adoption decree initiated by him of former wife's children, motivated by selfish and pecuniary interests. In re Adoption of Hobson, 8 Kan. App. 2d 772, 774, 777, 667 P.2d 911 (1983). 25. Strict construction of statute in favor of parental rights necessary; court required to look at whole picture. In re Adoption of Mullet, 9 Kan. App. 2d 396, 398, 680 P.2d 307 (1984). 26. Proof of validity of consent; revocation of consent allowed only when proven consent not freely and voluntarily given. In re Adoption of Irons, 235 Kan. 540, 550, 684 P.2d 332 (1984). 27. Provisions of subsection (b) not offensive to due process clause; "incidental" construed. In re Adoption of McMullen, 236 Kan. 348, 351, 352, 691 P.2d 17 (1984). 28. One unannounced visitation attempt by natural father within two years preceding adoption petition not assumption of parental duties. In re Adoption of Crider, 236 Kan. 712, 714, 696 P.2d 356 (1985). 29. Natural parent may revoke consent acknowledged by authorized officer any time before consent is filed of record in court. In re Adoption of J.G., 10 Kan. App. 2d 483, 485, 702 P.2d 1385 (1985). 30. Cited in holding K.S.A. 23-106 permits either parent, noncustodial or custodial, to give consent to minor child's marriage. Yoder v. Yoder, 11 Kan. App. 2d 330, 333, 721 P.2d 294 (1986). 31. Ignorance of or overlooking presumption that child born during marriage presumed to be child of mother's husband grounds for censure. In re Swagerty, 241 Kan. 834, 739 P.2d 937 (1987). 32. Section (a)(3) cited; best interests of child and fitness of parent as noncontrolling, incarceration of parent as factor in two-year period examined. In re Adoption of F.A.R., 242 Kan. 231, 235, 747 P.2d 145 (1987). 33. Natural mother must have opportunity to prove consent shortly after birth void or voidable because of inability to understand and comprehend. In re Adoption of Baby Girl H, 12 Kan. App. 2d 223, 224, 231, 739 P.2d 1 (1987). 34. Neither child's best interests nor parental fitness are controlling issues in adoption proceedings; natural relation important. In re Adoption of B.J.H., 12 Kan. App. 2d 746, 751, 757 P.2d 1268 (1988). 35. Evidence sufficient to substantiate finding of abandonment examined, appellate standard of review stated. In re Adoption of B.C.S., 245 Kan. 182, 186, 777 P.2d 776 (1989). 36. Parent does not lose all parental rights where adoption not completed. In re L.S., 14 Kan. App. 2d 261, 262, 788 P.2d 875 (1990). 37. Definition of incidental contacts in adoption code cited as guidance in parental termination case. In re M.M., 19 Kan. App. 2d 600, 605, 873 P.2d 1371 (1994). 38. Whether courts are required to consider time period father was incarcerated in applying K.S.A. 59-2136(d) presumption examined. In re Adoption of S.E.B., 257 Kan. 266, 271, 891 P.2d 440 (1995). 39. Whether natural father's partial support payments constituted substantial efforts and assumption of parental duties examined; definitions. In re Adoption of C.R.D., 21 Kan. App. 2d 94, 98, 897 P.2d 181 (1995). 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