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#1
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Question about KS adoption laws
I am a bit confused about KS adoption laws reguarding a revoction by the bparents. I saw a chart that said they have 30-60 days after placement?
Any information would be greatly appreciated!!! Or if you could point me in the right direction online to find this information, where I could understand it! lol
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Stay at Home Mom... loving every second of it!2010-Returning to school to finish my degree in social work! “A hundred years from now it will not matter what my bank account was, the sort of house I lived in, or the kind of car I drove... but the world may be different because I was important in the life of a child.” -Forest E. Witcraft ![]() ![]()
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Adoption Information
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#2
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Hi -- I can't remember for sure, but I thought it was more around 48 hours after signing TPR? I need to look this up again too.
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Completed home study Nov. 2008 Matched July 2009 Brought home our baby boy August 2009! "Love doesn't make the world go 'round. It makes the ride worthwhile." -Carol Burnett |
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#3
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Kansas Statutes Read:
When Consent Can Be Executed Citation: Ann. Stat. §§ 59-2114; 59-2116 A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child. Any consent or relinquishment given by the mother before 12 hours after the birth of a child is voidable, prior to the final decree of adoption. Consent in all cases shall have been executed not more than 6 months prior to the date the petition for adoption is filed. How Consent Must Be Executed Citation: Ann. Stat. §§ 59-2114; 59-2115 Consent shall be in writing and shall be acknowledged before a judge of a court of record or before an officer authorized by law to take acknowledgments. If consent is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the consenting person of the consequences of the consent. Minority of a parent shall not invalidate a parent's consent, except that a minor parent shall have the advice of independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice to the minor parent shall be present at the execution of the consent. Unless the minor parent is otherwise represented by independent legal counsel, the petitioner or child-placing agency shall provide independent legal counsel to the minor parent at such petitioner's or child-placing agency's sole expense. Revocation of Consent Citation: Ann. Stat. § 59-2114 A consent is final when executed, unless the consenting party, prior to final decree of adoption, alleges and proves by clear and convincing evidence that the consent was not freely and voluntarily given. The burden of proving the consent was not freely and voluntarily given shall rest with the consenting party.
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Brandy Adopted Adult, Mom & Wife Mothering From The Sidelines of Open Adoption |
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#4
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According to what I found, in Kansas the claim must be filed within three months.
http://www.childwelfare.gov/systemwi...consentall.pdf (See page 5, footnotes)
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Thanksgivingmom Community Moderator Safe Haven First Mom in an Open Adoption Blogger: I Should Really Be Working |
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#5
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Quote:
Right, a claim of duress - otherwise, if just wishing to revoke, without claiming duress - Kansas has no revocation period.
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Brandy Adopted Adult, Mom & Wife Mothering From The Sidelines of Open Adoption |
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#6
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Thanks for clarifying my post Brandy
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Thanksgivingmom Community Moderator Safe Haven First Mom in an Open Adoption Blogger: I Should Really Be Working |
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#7
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Thanks
Ok. Thanks for clearing that up for me!
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Stay at Home Mom... loving every second of it!2010-Returning to school to finish my degree in social work! “A hundred years from now it will not matter what my bank account was, the sort of house I lived in, or the kind of car I drove... but the world may be different because I was important in the life of a child.” -Forest E. Witcraft ![]() ![]()
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#8
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our daughter was born in Kansas, bmom signed at the hospital, all was well but bdad wouldn't come to the hospital, I think he was denying the relationship because we found out later when we had to serve him that he was married. So we couldn't go to court for 60 days to allow the bfather time to be served and go to court, etc. He never showed but it was nerve wracking.
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Stay at Home Mom... loving every second of it!
to finish my degree
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