Kansas law allows one law firm to represent both the adoptive parents and the birth mother where there is a full disclosure of the conflict of interest and where all the parties have agreed to waive the conflict. Our law firm is not an adoption agency and we do not advertise to locate birth mothers. However, because of the many years that we have been handling adoptions and because of the relationships we have established with other professionals, we do routinely receive referrals of birth mothers to our office.

In Kansas, when an adoption is finalized, all parental rights of the birth parents are terminated. However, frequently the parties involved have agreed to various levels of communication among themselves. Normally this is not a problem. All parenting decisions ultimately lie with the adoptive couple, and any agreements regarding openness cannot be used as the basis to revoke a consent and/or to overturn an adoption.

3.  What responsibility do adoptive parents have for the expenses of the birth mother?

Kansas law allows adoptive parents to pay reasonable living and medical expenses of the birth mother during her pregnancy and for a short time (usually six weeks) after the baby is born. We can work with the birth mother to outline her financial needs and attempt to assist her to live within her budget and to plan ahead so that she can manage after the birth of the child. Kansas law requires that all expenses must be accounted for and the expenses must be reasonable and related to the pregnancy. Knowingly and intentionally receiving or accepting clearly excessive fees or expenses is a violation of Kansas law.

Check with your accountant to determine if you would qualify for a federal and/or state tax credit.

Our law firm always endeavors to obtain the cooperation of the birth father. However, his rights will be terminated upon a finding of clear and convincing evidence that the father, after having knowledge of the pregnancy, failed without reasonable cause to provide support for the mother during the six months prior to the child's birth, or the father abandoned the mother after having knowledge of the pregnancy, or the birth of the child was the result of the rape of the mother.

If the adoptive parents or the birth mother live outside Kansas, the inter-state compact laws have to be satisfied. These laws govern transporting a child across state lines for purposes of adoption. Compliance requires additional paperwork and coordination between our Kansas Administrator and the Inter-State Compact Administrator in the other state. In most instances approval may be obtained within a few days of the filing of the adoption petition, but in some cases it may take several weeks.

The birth mother has the absolute right to change her mind and keep the baby until she signs the final consent, which in Kansas cannot be given sooner than 12 hours after birth.  The consent is not revocable absent a showing of coercion, fraud, or misrepresentation.

The final hearing on the Decree of Adoption will be set 30 to 60 days after the Petition for Adoption is filed.

Rev. 4/06