Chapter 38 — MINORS

[Repealed or reserved.]

[Repealed or reserved.]

38-101. Period of minority. The period of minority extends in all persons to the age of eighteen (18) years, except that every person sixteen (16) years of age or over who is or has been married shall be considered of the age of majority in all matters relating to contracts, prop…

38-102. Minor bound by contracts, when. Except as otherwise provided in K.S.A. 38-615 through K.S.A. 38-622, and amendments thereto, a minor is bound not only by contracts for necessaries, but also by the minor's other contracts, unless the minor disaffirms them within a reasonab…

38-103. Contracts that may not be disaffirmed. No contract can be thus disaffirmed in cases where, on account of the minor's own misrepresentations as to his majority, or from his having engaged in business as an adult, the other party had good reasons to believe the minor capabl…

38-104. Payment for personal services. When a contract for the personal service of a minor has been made with him alone, and those services are afterwards performed, payment made therefor to such minor in accordance with the terms of the contract is a full satisfaction for those …

38-105. History: G.S. 1868, ch. 67, § 5; R.S. 1923, 38-105; Repealed, L. 1939, ch. 180, § 280; July 1. Source or prior law: L. 1867, ch. 89, § 1. Cross References to Related Sections: Later act, see 59-2111 et seq. CASE ANNOTATIONS 1. Where father relinquishes rights minor may re…

38-106. History: G.S. 1868, ch. 67, § 6; L. 1903, ch. 361, § 1; R.S. 1923, 38-106; L. 1935, ch. 185, § 1; Repealed, L. 1939, ch. 180, § 280; July 1. Source or prior law: L. 1864, ch. 83, § 1. Cross References to Related Sections: Later act, see 59-2111 et seq. CASE ANNOTATIONS 1.…

38-107. History: G.S. 1868, ch. 67, § 7; R.S. 1923, 38-107; Repealed, L. 1939, ch. 180, § 280; July 1. Revisor's Note: Later act, see 59-2111 et seq. CASE ANNOTATIONS 1. Mere clerical errors in court's order correctable at any time. Cubitt v. Cubitt, 74 Kan. 353, 357, 86 P. 475. …

38-108. District court may confer rights of majority. That the district courts for the several counties in this state shall have authority to confer upon minors the rights of majority, concerning contracts and real and personal property, and to authorize and empower minors to pur…

38-109. Petition for rights of majority; notice; hearing; decree. Any minor, desiring to obtain the rights of majority for the purposes named in the preceding section, may, by his or her next friend, file a petition in the district court of the county in which such minor shall re…

38-110. Costs of proceedings under K.S.A. 38-108 to 38-110. The costs of proceedings under this act shall be taxed against the minor petitioner, and the same shall be paid before the entry of the decree herein provided for. History: L. 1875, ch. 114, § 3; May 15; R.S. 1923, 38-11…

38-111. When minors may be excluded from courtroom during trials or hearings. During the trial of an action or the hearing of any proceeding or examination in which vulgar, obscene or immoral evidence is elicited or produced, the police judge trying the case or the judge of the d…

38-112. Children's homes; powers of corporations. Any corporation heretofore or hereafter organized under the laws of the state of Kansas having for its purpose the care and maintenance of destitute and friendless children, and being authorized by law to surrender said children f…

38-113. History: L. 1889, ch. 134, § 2; R.S. 1923, 38-113; L. 1947, ch. 262, § 2; L. 1985, ch. 114, § 22; Repealed, L. 1990, ch. 145, § 38; July 1. Cross References to Related Sections: Kansas adoption and relinquishment act, see 59-2111 et seq. CASE ANNOTATIONS 1. Custody does n…

38-113a. History: L. 1979, ch. 118, § 1; L. 1983, ch. 140, § 7; Repealed, L. 1985, ch. 114, § 30; July 1. Cross References to Related Sections: Later act, see 59-2111 et seq. CASE ANNOTATIONS 1. Discussed in granting adoption, pursuant to K.S.A. 59-2102, of illegitimate child ove…

38-114. History: L. 1889, ch. 134, § 3; R.S. 1923, 38-114; L. 1947, ch. 262, § 3; L. 1976, ch. 145, § 160; Repealed, L. 1990, ch. 145, § 38; July 1. Cross References to Related Sections: Kansas adoption and relinquishment act, see 59-2111 et seq. Previous | Next LEGISLATIVE COORD…

38-115. Same; donations and bequests; appropriations by cities or counties over 30,000. It shall be lawful for such corporation to receive donations and bequests and to apply the same to the support of said home; and the proper authorities of any city or county having a populatio…

38-116. Same; purchase and sale of property. Said corporation shall have the power to purchase and sell such real and personal property as the board of directors may deem to be for the interest of the corporation. History: L. 1889, ch. 134, § 5; March 19; R.S. 1923, 38-116. Previ…

38-117. History: L. 1927, ch. 224, § 1; Repealed, L. 1939, ch. 180, § 280; July 1. Source or prior law: L. 1925, ch. 272, § 1. Cross References to Related Sections: Later act, see 59-2111 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC …

38-120. Recovery from parents for malicious or willful acts by certain children; limitations. Any person receiving bodily injury or any person, partnership, corporation, political subdivision or other entity whose property has been damaged or destroyed shall be entitled to recove…

38-121. History: L. 1959, ch. 203, § 2; Repealed, L. 1975, ch. 230, § 1; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance Documents US…

38-122. Consent by parent for surgery and other procedures on child. Any parent, including a parent who is a minor, whether married or unmarried, may consent to the performance upon his or her child of a medical, surgical or post mortem procedure by a physician licensed to practi…

38-123. Consent for medical care of unmarried pregnant minor. Notwithstanding any other provision of the law, an unmarried pregnant minor where no parent or guardian is available may give consent to the furnishing of hospital, medical and surgical care related to her pregnancy, a…

38-123a. Donation of blood by persons over 16; compensation. Any person 16 years of age or older shall be eligible to donate blood voluntarily without the necessity of obtaining parental permission or authorization. No person 16 or 17 years of age shall receive compensation for a…

38-123b. Consent by minor 16 or over to hospital, medical or surgical treatment or procedures. Notwithstanding any other provision of the law, any minor sixteen (16) years of age or over, where no parent or guardian is immediately available, may give consent to the performance an…

38-124. History: L. 1968, ch. 182, § 1; L. 1976, ch. 145, § 161; Repealed, L. 1990, ch. 145, § 38; July 1. Cross References to Related Sections: Kansas adoption and relinquishment act, see 59-2111 et seq. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Arch…

38-125. History: L. 1968, ch. 182, § 2; Repealed, L. 1990, ch. 145, § 38; July 1. CASE ANNOTATIONS 1. Pendency of severance proceeding (K.S.A. 38-1581 et seq.) does not preclude relinquishment of parental rights under K.S.A. 38-125 et seq. In re A.W., 241 Kan. 810, 813, 816, 740 …

38-126. History: L. 1968, ch. 182, § 3; L. 1985, ch. 114, § 23; Repealed, L. 1990, ch. 145, § 38; July 1. CASE ANNOTATIONS 1. Pendency of severance proceeding (K.S.A. 38-1581 et seq.) does not preclude relinquishment of parental rights under K.S.A. 38-125 et seq. In re A.W., 241 …

38-129. Revisor's Note: Section transferred to 23-3302. 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 K…

38-130. Revisor's Note: Section transferred to 23-3303. 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 K…

38-131. Revisor's Note: Section transferred to 23-3304. 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 K…

38-132. History: L. 1971, ch. 152, § 1; Repealed, L. 1982, ch. 182, § 150; January 1, 1983. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived School Finance D…

38-133. History: L. 1977, ch. 286, § 1; L. 2006, ch. 62, § 7; Repealed, L. 2008, ch. 169, § 23; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived Scho…

38-134. Information concerning child provided to foster parent by secretary for children and families. (a) As used in this section: (1) "Child" means a person under 18 years of age who has been removed from the home of a relative as a result of judicial determination and whose pl…

38-135. Definitions; immunization of minor children. As used in this act: (a) "Health care provider" means a person licensed to practice medicine and surgery by the state board of healing arts, a person who holds a temporary permit to practice medicine and surgery issued by the s…

38-136. Immunization of minor children; written delegation of consent by parent. (a) Subject to the provisions of this section, a parent may delegate in writing the parent's authority to consent to the immunization of a minor to any of the following individuals, not in order of p…

38-137. Same; consent for immunization by person other than parent, when. (a) Subject to the provisions of this section, the following individuals, not in order of priority, may consent to the immunization of a minor if a parent is not reasonably available and the authority to co…

38-138. Healthcare provider to provide information to person consenting to immunization. The responsibility of a health care provider to provide information to a person consenting to the immunization of a minor as provided by K.S.A. 38-136 and 38-137 is the same as the health car…

38-139. Healthcare provider has immunity if relying on consent. (a) In the absence of willful misconduct or gross negligence, a health care provider who accepts the health history and other information given by a person who is delegated the authority to consent to the immunizatio…

38-140. Consent to immunize under 38-2217 or 38-2316 not affected. The provisions of K.S.A. 38-135 through 38-140 shall not affect authority to consent to immunization of a minor pursuant to K.S.A. 38-2217 or 38-2316, and amendments thereto, or pursuant to any other law. History:…

38-140a. History: L. 1995, ch. 183, § 7; L. 2006, ch. 200, § 91; Repealed, L. 2007, ch. 195, § 59; July 1. Previous | Next LEGISLATIVE COORDINATING COUNCIL General Policies 2026 Archived LCC Documents Archived LCC Meetings REVISOR OF STATUTES Archived Session Documents Archived S…

38-141. Parents' rights to exercise primary control over the upbringing of their children; cause of action. (a) As used in this section: (1) "Child" means a person under 18 years of age; and (2) "parent" means and includes a natural parent, an adoptive parent, a stepparent or a g…

38-142. Grandparents as caregivers act; citation. The provisions of K.S.A. 38-142 through 38-148, and amendments thereto, shall be known and may be cited as the grandparents as caregivers act. History: L. 2006, ch. 208, § 1; July 1. Cross References to Related Sections: Grandpare…

38-143. Same; definitions. As used in the grandparents as caregivers act: (a) "Program" means the grandparents as caregivers program. (b) "Secretary" means the secretary for children and families. (c) "Department" means the Kansas department for children and families. History: L.…

38-144. Grandparents as caregivers program; administration. (a) In accordance with the provisions of the grandparents as caregivers act and subject to the provisions of appropriation acts, the secretary shall establish a grandparents as caregivers program within the Kansas depart…

38-145. Same; eligibility requirements. (a) If a person meets the financial eligibility requirements developed by the secretary, a grandparent shall be eligible to participate in the program if such grandparent: (1) Is 50 years of age or older; (2) has the grandchild placed in su…

38-146. Same; eligibility of persons other than grandparent. If there are no grandparents of a child who are willing to participate in the program, the secretary may include in the program any other close relative who becomes the legal guardian of the child or obtains legal custo…

38-147. Same; duties of secretary of SRS; reimbursement of costs; counseling and ancillary or support services; medical assistance. By January 1, 2007, and subject to the provisions of appropriation acts, the secretary: (a) Shall reimburse grandparents in the program for the cost…

38-148. Same; annual report to the legislature; rules and regulations. (a) The secretary, on or before the first day of the regular legislative session, shall report annually to the legislature: (1) The number of children participating in the program and the breakdown of where th…