KANSAS STATUTES AND CODES

59-2124. Relinquishment of child to agency.

59-2124

Chapter 59.--PROBATE CODE Article 21.--ADOPTION

59-2124. Relinquishment of child to agency.(a) Any parent or parents or person in loco parentis may relinquisha child to an agency, and if the agency accepts the relinquishment in writing,the agency shall stand in loco parentis to the child and shall haveand possess over the child all rights of a parent or legal guardian, includingthe power to place the child for adoption and give consent thereto.

(b) All relinquishments to an agency under K.S.A. 59-2111 through 59-2143,and amendments thereto, shall bedeemed sufficient if in substantial compliance with the form forrelinquishment set forth by the judicial council, and shallbe executed by: (1) Both parents of the child; (2) one parent, if the otherparent is deceased or the other parent's relinquishment is found unnecessaryunder K.S.A. 59-2136, and amendments thereto; or (3) a person in locoparentis.

(c) The relinquishment shall be in writing and shall be acknowledged before ajudge of a court of record or before an officer authorized by law to takeacknowledgments. If the relinquishment is acknowledged before a judge of acourt of record, it shall be the duty of the court to advise the relinquishingperson of the consequences of the relinquishment.

(d) Except as otherwise provided, in all cases where a parent or personin loco parentis has relinquished a child to the agency pursuant toK.S.A. 59-2111 through 59-2143, and amendments thereto, all the rights of theparent or person in loco parentis shall be terminated, including theright to receive notice in a subsequent adoption proceeding involving thechild. If a parent has relinquished a child to the agency pursuant to K.S.A.59-2111 through 59-2143, and amendments thereto, based on a belief that thechild's other parent would relinquish the child to the agency, and such otherparent does not relinquish such child to the agency, the rights of such parentwho has relinquished a child to the agency shall not be terminated. Upon suchrelinquishment, all the rights of birth parents to such child, including theirright to inherit from or through such child, shall cease.

(e) A parent's relinquishment of a child shall not terminate the right ofthe child to inherit from or through such parent.

History: L. 1990, ch. 145, § 14;L. 1993, ch. 195, § 2;L. 2005, ch. 101, § 3; July 1.