Free PDF - Kansas

K.S.A. 59-2129 Agency Consent to Adoption
(7/1/05)

[CAPTION] AGENCY CONSENT TO ADOPTION OF MINOR CHILD
(name of agency) , a (public)(private) entity having for its purpose the care and maintenance of children, is located in and authorized under the laws of the State of to place children for adoption, consent to the adoption and to stand in loco parentis to such children until they are adopted or reach majority. (name of agency) , is vested with the right to consent to the adoption of (name of child) , a minor child born (date of birth) at (place of birth) pursuant to [a relinquishment executed by (the parents of the child)(the person in loco parentis to the child)] [an order or judgment of the __________ Court of __________ County, __________, a Court of competent jurisdiction]. Documents supporting the authority to execute this consent are attached hereto. (name of agency) does hereby consent to the adoption of (name of by __________ resident(s) of __________ and does hereby surrender said child to said person(s) for the purpose of adoption. child) (name of agency) has authorized __________ (Name of Authorized Representative) the undersigned, as the authorized representative to execute consents to adoption on behalf of said agency.

[ (name of agency) adoption.] Date

hereby waives notice of the final hearing of the

(signature of authorized representative)

ACKNOWLEDGMENT BEFORE NOTARIAL OFFICER
STATE OF COUNTY OF ) ) ss: )

I, a notarial officer in and for the County and State aforesaid certify that , known to me to be the same person whose name is subscribed to the foregoing consent, appeared before me in person and acknowledged that the statements made in the foregoing consent are true. Dated (SEAL, if any) at .m.
(signature of notarial officer) title (and rank)

Authority K.S.A. 59-2129(b); 59-2114. Notes on Use If a child has been placed for adoption with an agency, the authorized representative of the agency must consent to an adoption of the child. K.S.A. 59-2129(b). This statute also provides that if the child who is to be adopted is over the age of 14 and of sound intellect, the child's consent must be given. . All consents to adoption must be in writing and acknowledged either before a judge of a court of record or before an officer authorized by law to take acknowledgments. K.S.A. 59-2114(a). Consents must be executed not more than six months prior to the date of filing of the Petition for Adoption. K.S.A. 59-2114(b). Comments According to K.S.A. 59-2128(f), these consents must be filed with the Petition for Adoption. If an adoption agency accepts a parent's relinquishment for adoption, the agency stands in loco parentis to the child and has all the rights of a parent, including the power to place the child for adoption and give consent thereto. K.S.A. 5902124(a). Notice of the final hearing of the adoption must be given to the agency, unless the agency has waived notice of the hearing. K.S.A. 59-2133(c). Thus the last paragraph in the form is optional, to be inserted if the agency is willing to waive notice. K.S.A. 59-2136(e) provides that the agency to which the child has been relinquished may file the Petition for Adoption. Thus an agency to which a child has been or is to be relinquished has standing to file a petition for termination of parental rights. In re Baby Boy N.,19 Kan. App.2d 574, 578, 874 P.2d 680, 683-84 (1994).