As previously posted and reported in every news source across the state, Kansas voters approved a constitutional amendment banning marriage and civil unions for same-sex couples. Now activists are fearing that our Kansas legislators will begin efforts to ban adoptions by gays and lesbians. For the complete article on this story, go to this LINK.
K.S.A. 59-2113 sets out that any adult or husband and wife may adopt any minor child or even an adult. If a couple is married, both must consent and join in the adoption petition. While the statute speaks broadly of any adult or husband and wife, several other factors are relvant. If a minor is being adopted, the chief consideration is the welfare of the child. Recently there have been a number of cases in which a homosexual couple wanted to adopt a child. In many instances, the adoption is a "coparent" adoption in that one of the parents is the biological or adoptive parent of the child. The partner wants to have equal rights to custody if there is a split and wants to avoid a guardianship or adoption proceeding if the legal parent dies. In researching for this post, I have discovered that at least two states have statutes prohibiting homosexuals from adopting, Flordia and New Hampshire. Several other states have interpreted their statutes to not allow adoptions by a person of the same sex because of the general rule that an adoption terminates the rights of the biological parent. Kansas has not had an appellate case on same sex adoptions.
However, I would imagine we will see cases on this as well as court cases on our recent constitutional amendment banning same sex marriages and civil unions.
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