59-2127. Jurisdiction. - Kansas Statutes

59-2127

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

      59-2127.   Jurisdiction.(a) A court of this state may not exercise jurisdiction over a proceedingforadoption of a minor if at the time the petition for adoption is filed aproceeding concerning the custody or adoption of the minor is pending in acourt of another state exercising jurisdiction substantially in conformity withthe uniform child custody jurisdiction act, or the uniform child custodyjurisdiction and enforcement act, or this act unless the proceeding is stayedby the court of the other state.

      (b)   If a court of another state has issued a decree or order concerning thecustody of a minor who may be the subject of a proceeding for adoption in thisstate, a court of this state may not exercise jurisdiction over a proceedingfor adoption of the minor unless:

      (1)   The court of this state finds that the court of the state which issuedthe decree or order:

      (A)   Does not have continuing jurisdiction to modify thedecree or order under jurisdictional prerequisites substantially in accordancewith the uniform child custody jurisdiction act, or the uniform child custodyjurisdiction and enforcement act, or has declined to assume jurisdiction tomodify the decree or order, or

      (B)   does not have jurisdiction over a proceeding for adoption substantiallyin conformity with subsection (a)(l) through (4) or has declined to assumejurisdiction proceeding for adoption; and

      (2)   the court of this state has jurisdiction over the proceeding.

      (c)   Before determining whether or not to exercise itsjurisdiction the court may communicate with a court of another state andexchange information pertinent to the assumption of jurisdiction by eithercourt with a view to assuring that jurisdiction will be exercised by suchcourt of another state and that a forum will be available to the parties.

      (d)   If the court determines not to exercise itsjurisdiction, it may dismiss the proceedings, or it may stay the proceedingsupon condition that an adoption proceeding be promptly commenced in anothernamed state or upon any other conditions which may be just and proper.

      History:   L. 1990, ch. 145, § 17;L. 2000, ch. 171, § 75; July 1.