Session of 1997
HOUSE BILL No. 2402
By Committee on Judiciary
9 AN ACT concerning adoption; relating to open adoptions; amending
10 K.S.A. 59-2122 and repealing the existing section.
12 Be it enacted by the Legislature of the State of Kansas:
13 New Section 1. (a) Any adoption pursuant to the Kansas adoption
14 and relinquishment act may be an open adoption if the petitioner or
15 petitioners; the child's genetic mother or the child's genetic father, or
16 both genetic parents; and a representative of the agency, if an agency
17 adoption, consent, in writing, to the open adoption. If the genetic moth-
18 er's or genetic father's parental rights have been terminated or relin-
19 quished, the adoption may still be an open adoption if the above-listed
20 parties' consent.
21 (b) If all such parties consent that the adoption will be open, the court
22 may order reasonable visitation rights to any such party.
23 (c) All files and records of the court in an open adoption shall be
24 open to inspection and shall not be closed pursuant to K.S.A. 59-2122,
25 and amendments thereto.
26 (d) This section shall be part of and supplemental to the Kansas adop-
27 tion and relinquishment act.
28 Sec. 2. K.S.A. 59-2122 is hereby amended to read as follows: 59-
29 2122. (a) Except as provided in section 1, the files and records of the court
30 in adoption proceedings shall not be open to inspection or copy by per-
31 sons other than the parties in interest and their attorneys, and represen-
32 tatives of the state department of social and rehabilitation services, except
33 upon an order of the court expressly permitting the same. As used in this
34 section, ``parties in interest'' shall not include genetic parents once a de-
35 cree of adoption is entered.
36 (b) The department of social and rehabilitation services, or the
37 agency, if an agency adoption, may contact the adoptive parents of the
38 minor child or the adopted adult at the request of the genetic parents in
39 the event of a health or medical need. The department of social and
40 rehabilitation services may contact the adopted adult at the request of
41 the genetic parents for any reason. Identifying information shall not be
42 shared with the genetic parents without the permission of the adoptive
43 parents of the minor child or the adopted adult. The department of social
1 and rehabilitation services, or the agency, if an agency adoption, may
2 contact the genetic parents at the request of the adoptive parents of the
3 minor child or the adopted adult in the event of a health or medical need.
4 The department of social and rehabilitation services may contact the ge-
5 netic parents at the request of the adopted adult for any reason.
6 Sec. 3. K.S.A. 59-2122 is hereby repealed.
7 Sec. 4. This act shall take effect and be in force from and after its
8 publication in the statute book.