03/ The Adoption Process

Step Three: The Adoption Process…Knowledge is Power

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Now that you know the who's and what's about adoption, let's look at the Kansas adoption process. Practically speaking, being mentally prepared for what can seem like a very long slog with no end in sight will help you be ready to go step by step through the process. Adoption is not easy, but going in with the right state of mind can make it less daunting. So keep these three things in mind as you begin:

Have a clear understanding of the responsibilities of parenthood: Have you taken the time to read, listen and learn about all of the challenges of parenting? It's one of life's greatest joys, but it's hard!

Have a plan for the financial costs associated with the adoption process: It's important to be financially prepared because each type of adoption has a different price. You don't need to be wealthy — just responsible.

Have the appropriate health for the physical demands of parenting: Parenthood is a marathon, not a sprint. Parenting can be physically demanding, and a commitment to good health is recommended.

Once you have chosen a type of adoption and a professional to work with, here are the steps to adopting a child in Kansas.

The home study is required for nearly every type of adoption, the only exceptions being stepparent and relative adoptions. A home study is one of the first things you will do when starting the adoption process in Kansas. Before a hopeful parent can find an adoption opportunity with a prospective birth mother or be matched with a waiting child, the family must have a satisfactory home study report written by a court-approved, licensed professional that ends with a recommendation by the writer for the adoption. This process ensures that an adoptive parent is ready to become a family. It will include background checks, criminal clearances, financial information, family histories, medical documentation, and documentation of in-home visits.

Simultaneous with the home study, it is an excellent time to begin working on an adoption profile. Whether you have hard copy books printed, electronic copies produced, or even creating a short website is up to you. Some tips were previously discussed on what should be included in your profile, so here we will look at what to do with it once it is finished. Adoptive families have many options for getting their adoption profile into the world. Several online services will host your electronic profile, and some attorneys have waiting families' listings; you can create a Facebook page to help to get the word out or many other social media options. This profile is your key to finding the ideal adoption situation for your family.

1. Complete the Home Study and Create an Adoption Profile

Once your profile is finished, and your adoption home study is well underway, the waiting begins. Nobody likes waiting, but everyone adopting a child in Kansas, or anywhere else, needs patience. There are far more waiting families than available children to be adopted at any given time. This is especially true for those hoping to adopt a newborn. Wait times vary from professional to professional, but you can do a few things to minimize the wait.

  1. Be flexible about different adoption situations. This means considering what situations you are open to, such as race, gender, substance abuse history of the mother, mental health status of the mother, open vs. closed adoption, and your budget.

  2. Have an engaging adoption profile. Ultimately if you are matched with a birth mother, the choice will be hers, but the quality of your adoption profile can play a much more significant role in influencing her decision than you might think. You want the birth mother to be able to envision her baby growing up with you, so this is your time to shine. Your profile should show your personality, excitement, and gratitude and be a window to your family.

2. Wait for an Adoption Opportunity

Possibly the most exciting moment on your adoption journey will be the call from your adoption professional. You will be told that a birth mother has selected you to parent her child, and a match has been made. Your adoption opportunity will look different depending on the type of adoption you choose, but no matter how the opportunity occurs, it is, without a doubt, a life-changing call.

3. Accept an Adoption Opportunity

After an opportunity is accepted by both the birth mother and the adoptive parent(s), the opportunity to get to know the prospective birth mother before birth and placement happens. This step of the Kansas Adoption process is exclusive to domestic infant adoption because, in every other type of adoption, there is at least some pre-knowledge between the birth parents and the adoptive parents. One major upside to this way of adopting a child in Kansas is the possibility of open and semi-open adoption. If one of these is chosen, during the remainder of the pregnancy, you will build a relationship with the birth mother, birth father, and possibly their families and friends. This relationship is wholly dependent upon the level of trust you all have in one another; therefore, be open and honest in your communications. Doing so increases everyone’s commitment to seeing the placement through to the end.

4. Pre-Placement Contact

When you dream of adopting a child in Kansas, you can picture the first time you get to hold your baby, and it is a moment like no other. It is the moment you dreamt of. But, before you get there, a few things to know. Until the birth mother signs the consent, in Kansas it must be at least 12 hours following the birth of the child, you are strictly following the birth mother's adoption and hospital birth plan. In some instances, the birth mother will want very little to no contact with the baby, and in others, she will want the baby to remain with her until she has signed all her consent documents. In truth, the hospital time is somewhere in between. One thing that generally always happens is that the hospital will be aware that there is an adoption planned and will provide you with a hospital room, provided there is availability. The hospital will also collect your insurance information, as you will be responsible for charges related to the baby following the birth. If your insurance carrier covers the birth of a natural child, they will cover the costs associated with the delivery of an adopted child. However and wherever placement occurs, it is a vital moment in the life of a family.

5. Placement & Temporary Custody

After placement, a hopeful parent still needs to finalize the adoption. In Kansas, if both consents from the birth parents have been signed, the timing of the finalization hearing can come quite quickly, it will all depend upon the court's calendar. In between placement and finalization, a social worker may conduct post-placement visits to observe how everyone is adjusting to the placement.

There are at least two scenarios if the birth father's consent is not signed, either because he has refused or is unknown. One, if the birth father is unknown, the adoption attorney will request permission from the court to serve notice via publication. The idea is that the birth father will see the notice of the pending adoption in the paper and then have an opportunity to either consent or contest the adoption. The other scenario is much more involved and could be a chapter of its own. If the birth father refuses to consent, the court will schedule a trial to determine whether or not the birth father's consent is necessary to proceed. After the hearing, if it is found that his consent is necessary, the adoption cannot be granted, but on the other hand, if his consent is found unnecessary, the adoption moves forward to finalization.

At the finalization hearing, a judge will review post-placement reports and all other required legal documents. The Kansas adoption process ends when the judge issues a final adoption decree, changing the baby's name if necessary and ordering a new birth certificate. This family is legally, finally, forever.

6. Finalization & The Journey Begins

FAQs

The below questions are commonly asked in my office by adoptive families during an adoption consultation.

Who can be adopted in Kansas?

Any minor whose biological parents have either lost their parental rights in a court trial or through relinquishment to an agency or who have voluntarily consented to an adoption may be adopted. Also, any adult may be adopted with the consent of the adopting parent’s spouse if they are married and not both adopting.

Can a felon adopt a child in Kansas?

The adoption requirements in Kansas require criminal background checks, and a felony may make it more difficult to find an adoption opportunity, but it does not mean it cannot be done. Only certain felonies cause disqualification, such as domestic assault, child abuse or neglect, or any history of sexual assault.

Can LGBTQ partners adopt in Kansas?

Yes, Kansas law allows any single adult or married couple jointly or singly may adopt. Federal law protects LGBTQ individuals and partners from discrimination in adoption. However, Kansas has enacted state laws that create loopholes for private organizations to discriminate based on religious belief. If you are an LGBTQ individual or couple hoping to adopt in Kansas, make sure the adoption team that you assemble is a genuine ally and fully supportive of the LGBTQ community.

Is there an age limit for hopeful parents to adopt in Kansas?

The Kansas Adoption and Relinquishment Act (KARA) does not have an age limit on hopeful parents; however, it is common for agencies. Remember, all adoption opportunities are different, be sure to ask your adoption professional.

Can prospective birth parents receive financial assistance in Kansas?

Any payment in exchange for placing a child for adoption is illegal. There is, however, allowable financial assistance for prospective birth parents during the adoption process. Depending on where the child you are adopting is living, each state has laws dictating what can and cannot be covered. Kansas has this to say on birth parents' financial assistance:

  • Medical expenses of the birth mother and child in relation to prenatal care, pregnancy, and birth are allowed.

  • Reasonable living expenses for the birth mother related to or as a result of the pregnancy, including but not limited to: rent, bills, groceries, and more, can be covered.

  • The birth parent(s)' attorney fees will be covered.

  • Birth parent financial assistance is always worked out on a case-by-case basis. When you start your adoption process, discuss this with your team as you create a plan and budget.

Can an adoption be reversed in Kansas?

This would be considered an adoption disruption and is quite rare. However, if it can be shown that the adoption resulted from fraud, duress, coercion, or some other misdoing, a Kansas court can order that the adoption be reversed or disrupted.

How does Kansas adoption consent work?

In Kansas, birth mothers can give official consent to the adoption after 12 hours. However, waiting 24 hours before signing consent documents is typical when there has been an especially difficult or cesarean delivery. Birth fathers can consent to adoption before the baby is born if he has received counseling by a separate attorney, one not representing either the birth mother or the adoptive couple, and has been independently advised about the consequences of signing the consent. In any case, the consent, once signed, is irrevocable, meaning it cannot be withdrawn without a court hearing to determine whether fraud or duress was involved in the signing.

Are post-adoption contracts legally enforceable in Kansas?

There are no legally binding open adoption laws in Kansas. You can create a personal contract and have both parties sign it if you would like, but there are no methods in Kansas adoption laws to enforce the agreement.

Can a minor consent to an adoption?

Yes, like in the case of a pre-birth consent by a birth father, so long as the minor mother has separate legal counsel, she may consent to adoption. The adoptive couple pays this separate attorney's fee.

What happens if the birth mother names the baby while at the hospital?

In the Petition for Adoption, one of the requests that can be made is that the child's name is changed. Often I encourage birth mothers to name their baby because I realize that the name can easily be changed, but it gives the mother a sense of closure as the years go by when she thinks of the child she placed for adoption.

What does it mean that Kansas is an open records state?

This means that when your adopted child reaches the age of 18, they may access their complete adoption record and obtain their original birth certificate. On an aside, this is another reason I like birth mothers to name their baby: should the now adult adoptee get their original birth certificate, it will have a name on it, not just Baby Boy/Girl "Jones."

Under what circumstances can an adoption be annulled?

Adoption annulment happens infrequently, and the Petitioner for Annulment must demonstrate good cause for such an action to the court. From my practice, I have only done this twice, once when the grandparents adopted the child of their minor child. Once that baby became an adult, he requested that his adoption be annulled and his original birth certificate be restored. He had known who his natural parents were his entire life, and all parties agreed to the action. The second time that I annulled an adoption was a stepparent adoption. Here the parents divorced, and the natural father's parental rights were restored; again, all parties involved agreed.