Kan. R. Jud. Dist. 3.604

As amended through October 30, 2024
Rule 3.604 - Adoptions
A. REQUIRED ACCOUNTING - The accounting required by K.S.A. 59-2121 is to be filed at the time of filing the case. No case will be set for hearing without the accounting having first been filed. The accounting shall be on the form provided (by the Clerk of the District Court). It shall be signed by all petitioners and by the attorney representing the petitioner(s).
B. REQUIRED "ASSESSMENT" - The Assessment, as required by K.S.A. 59-2132, shall be done by a person holding, at least, a masters degree in social work and holding a current Kansas license or shall be done by a licensed child-placing agency. The choice, subject to the above requirement, is left to the petitioner but shall be someone disinterested in the outcome of the proposed adoption.
C. RIGHTS OF MISSING FATHERS - NOTICE - In all adoptions where "identity" of father is unknown or whereabouts unknown, notice by publication is required. An attorney, chosen by the Court, will be appointed, to represent the absent, or unknown, father's interest and to aid in providing him notice.

Filing attorney is required to make known, at the time of scheduling the hearing on the petition, the fact of an "unknown" or "unknown whereabouts" status.

D. VENUE

"In an independent adoption venue shall be in the county in which the petitioner resides or in the county in which the child to be adopted resides"--K.S.A. 59-2126(a)

Where reliance for venue is based on residence of a newborn child and mother has come to Kansas from another state during the time of her pregnancy, it shall be presumed that residence of mother and child is not in Kansas but in the former state. This presumption may be overcome if the mother appears in person before the Court and by her testimony, and any other evidence, concerning the matter, satisfies that she was a resident of Kansas at the time of the placing of the child for adoption.

Kan. R. Jud. Dist. 3.604