Chapter 23, KANSAS FAMILY LAW CODE-REVISED

23-2101. Citation of chapter 23. The provisions of chapter 23 of the Kansas Statutes Annotated, and amendments thereto, shall be known as the Kansas family law code. History: L. 2012, ch. 162, § 19; May 31.

23-2102. Construction of code. The provisions of the Kansas family law code shall be construed to secure the just, speedy, inexpensive and equitable determination of issues in all domestic relations matters. History: L. 2012, ch. 162, § 20; May 31.

23-2103. Governance by Kansas code of civil procedure. Procedure under the Kansas family law code shall be governed by the Kansas code of civil procedure, and amendments thereto, except as this code otherwise specifically provides. History: L. 2012, ch. 162, § 21; May 31.

23-2104. Governance by Kansas code of evidence. Evidence under the Kansas family law code shall be governed by the Kansas code of evidence, and amendments thereto, except as this code otherwise specifically provides. History: L. 2012, ch. 162, § 22; May 31.

23-2105. Retroactivity. The provisions of K.S.A. 23-2101 through 23-2104, and amendments thereto, shall be construed and applied retroactively. History: L. 2012, ch. 162, § 23; May 31.

23-2106. Retroactivity of 2012 amendments. The 2012 amendments to K.S.A. 23-2217, 23-2706, 23-2709, 23-2710, 23-2715, 23-2717, 23-2802, 23-2902, 23-2905, 23-3001, 23-3004, 23-3005, 23-3207, 23-3208, 23-3215, 23-3219, 23-3221, 23-3222, 23-3301, 23-3302, 23-3304 and 23-3403 shall b…

23-2201. Title and application of act. (a) K.S.A. 23-2201 and 23-2205 through 23-2225, and acts amendatory thereto and supplemental thereof, shall be known and may be cited as the Kansas parentage act. (b) Proceedings concerning parentage of a child shall be governed by this act …

23-2202. Definitions. As used in K.S.A. 23-2202 through 23-2204, and amendments thereto, except where the context otherwise requires: (a) "Birthing hospital" means a hospital or facility as defined by rules and regulations of the secretary for children and families. (b) "IV-D pro…

23-2203. Hospital based program for voluntary acknowledgment of paternity. (a) There is hereby established in this state a hospital based program for voluntary acknowledgment of paternity pursuant to K.S.A. 65-2409a, and amendments thereto, for newborn children of unwed mothers. …

23-2204. Acknowledgment of paternity forms. (a) The state registrar of vital statistics, in conjunction with the secretary for children and families, shall review and, as needed, revise acknowledgment of paternity forms for use under K.S.A. 23-2223 and K.S.A. 65-2409a, and amendm…

23-2205. Definitions. (a) As used in this act, "parent and child relationship" means the legal relationship existing between a child and the child's biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. "Parent and…

23-2206. Relationship not dependent on marriage. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents. History: L. 1985, ch. 114, § 3; July 1. Source or Prior Law: 38-1112.

23-2207. How parent and child relationship is established. The parent and child relationship between a child and: (a) The mother may be established by proof of her having given birth to the child or under this act. (b) The father may be established under this act or, in the absen…

23-2208. Presumption of paternity. (a) A man is presumed to be the father of a child if: (1) The man and the child's mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death or by the fi…

23-2209. Determination of father and child relationship; who may bring action; when action may be brought; revocation of acknowledgment. (a) A child or any person on behalf of such a child, may bring an action: (1) At any time to determine the existence of a father and child rela…

23-2210. Jurisdiction; venue; precedence of certain other orders. (a) The district court has jurisdiction of an action brought under the Kansas parentage act. The action may be joined with an action for divorce, annulment, separate maintenance, support or adoption. (b) If any det…

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 …

23-2212. Genetic tests to determine paternity; order of court; refusal to submit to tests; expert witnesses. (a) Whenever the paternity of a child is in issue in any action or judicial proceeding in which the child, mother and alleged father are parties, the court, upon its own m…

23-2213. Evidence. (a) Evidence relating to paternity may include any of the following: (1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception. (2) An expert's opinion concerning the statistical probability of the alleged fathe…

23-2214. Civil action; trial to court. (a) An action under this act is a civil action governed by the rules of civil procedure. (b) Trial of all issues in actions under this act shall be to the court. History: L. 1985, ch. 114, § 11; July 1. Source or Prior Law: 38-1120.

23-2215. Judgment or order; other authorized orders. (a) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes, but if any person necessary to determine the existence of a father and chi…

23-2216. Costs. (a) Costs and attorney fees may be awarded to either party as justice and equity may require. Unless the attorney represents a public agency in an action, the court may order that the amount be paid directly to the attorney, who may enforce the order in the attorn…

23-2219. Counsel for parties; free transcript for indigent on appeal. (a) If the petitioner is not represented by counsel, the petitioner in an action to determine paternity may apply for services from: (1) The court trustee of the judicial district in which the action is brought…

23-2220. Action to determine mother and child relationship. Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this act applicable to the father and child relationship a…

23-2221. Promise to render support. It shall be presumed that there is consideration for any written promise to furnish support for a child, growing out of a presumed or alleged father and child relationship. Such a promise shall be enforceable according to its terms, subject to …

23-2222. Paternity orders; birth certificates. (a) Upon receipt of a certified order from a court of this state or an authenticated order of a court of another state, the state registrar of vital statistics shall prepare a new birth registration consistent with the findings of th…

23-2223. Amendment of birth certificate to change name of parent or child; procedure. (a) Whenever the parents of a minor child desire that the child's birth certificate be amended to add the name of a parent, correct the name of either parent or of the child or change the child'…

23-2224. Court orders; interlocutory orders; ex parte, when; notice and hearing; temporary support. (a) The court, without requiring bond, may make and enforce orders that: (1) Restrain the parties from molesting or interfering with the privacy or rights of each other, including,…

23-2225. Change in child's residence; notice; effect; exception. (a) Except as provided in subsection (d), a parent granted rights pursuant to K.S.A. 23-2215(d), and amendments thereto, shall give written notice to the other parent who has been granted rights pursuant to K.S.A. 2…

23-2301. Artificial insemination; performance; consent. The technique of heterologous artificial insemination may be performed in this state at the request and with the consent in writing of the husband and wife desiring the utilization of such technique for the purpose of concei…

23-2302. Same; child is natural child at law. Any child or children heretofore or hereafter born as the result of heterologous artificial insemination shall be considered at law in all respects the same as a naturally conceived child of the husband and wife so requesting and cons…

23-2303. Artificial insemination; consent executed and filed; file not open to public. The consent provided for in this act shall be executed and acknowledged by both the husband and wife and the person who is to perform the technique, and an original thereof may be filed under t…

23-2401. Title of act. This act may be cited as the "uniform premarital agreement act." History: L. 1988, ch. 204, § 1; July 1. Source or Prior Law: 28-801. Law Review and Bar Journal References: "New Spousal Elective-Share Rights: Leveling the Playing Field," Timothy P. O'Sulliv…

23-2402. Definitions. As used in this act: (a) "Premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage; and (b) "property" means an interest, present or future, legal or equitable, vested or conting…

23-2403. Premarital agreement; writing required. A premarital agreement shall be in writing and signed by both parties. It is enforceable without consideration. History: L. 1988, ch. 204, § 3; July 1. Source or Prior Law: 23-803.

23-2404. Same; areas with respect to which parties may contract; right of child to support not to be adversely affected. (a) Parties to a premarital agreement may contract with respect to all of the following: (1) The rights and obligations of each of the parties in any of the pr…

23-2405. Same; effective, when. A premarital agreement becomes effective upon marriage. History: L. 1988, ch. 204, § 5; July 1. Source or Prior Law: 23-805.

23-2406. Same; amendment or revocation after marriage. After marriage, a premarital agreement may be amended or revoked only by a written agreement, signed by the parties. The amended agreement or the revocation is enforceable without consideration. History: L. 1988, ch. 204, § 6…

23-2407. Same; enforceability. (a) A premarital agreement is not enforceable if the party against whom enforcement is sought proves either of the following: (1) That party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when such agreement was e…

23-2408. Same; effect when marriage determined to be void. If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. History: L. 1988, ch. 204, § 8; July 1…

23-2409. Same; statute of limitations tolled during marriage; equitable defenses available. Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitab…

23-2410. Uniformity of act. This act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this act among states enacting such act. History: L. 1988, ch. 204, § 10; July 1. Source or Prior Law: 23-810.

23-2411. Application of act. This act shall apply to premarital agreements executed on or after the effective date of this act. History: L. 1988, ch. 204, § 11; July 1. Source or Prior Law: 23-811.

23-2501. Nature of marriage relation. The marriage contract is to be considered in law as a civil contract between two parties who are of opposite sex. All other marriages are declared to be contrary to the public policy of this state and are void. The consent of the parties is e…

23-2502. Common-law marriage. The state of Kansas shall not recognize a common-law marriage contract if either party to the marriage contract is under 18 years of age. History: L. 2011, ch. 26, § 2; July 1. Source or Prior Law: 23-101(b).

23-2503. Incestuous marriages void. All marriages between parents and children, including grandparents and grandchildren of any degree, between brothers and sisters of the one half as well as the whole blood, and between uncles and nieces, aunts and nephews, and first cousins, ar…

23-2504. Solemnizing marriage; persons authorized to officiate. (a) Marriage may be validly solemnized and contracted in this state, after a license has been issued for the marriage, in the following manner: By the mutual declarations of the two parties to be joined in marriage, …

23-2505. Issuance of marriage license; form; waiting period; emergency; lawful age; consent, when; unlawful acts, penalty; duties of person issuing license; expiration of license. (a) The clerks of the district courts or judges thereof, when applied to for a marriage license by a…

23-2506. Designation of new legal name, procedure; certified copy of marriage license and certificate of marriage proof of identity. (a) At the time of marriage, a person may designate a new legal name, by which such person shall subsequently be known. Such name may include a com…

23-2507. Registration. All marriages occurring within the state shall be registered under the supervision of the secretary of health and environment as provided in K.S.A. 65-102. History: L. 1913, ch. 224, § 1; R.S. 1923, 23-105; L. 1980, ch. 106, § 2; July 1. Source or Prior Law…