Session of 1998
By Senator Karr
            9             AN ACT concerning children and minors; relating to visitation rights of
10             grandparents; amending K.S.A. 38-129 and 59-2118 and repealing the
11             existing sections.
13       Be it enacted by the Legislature of the State of Kansas:
14           Section 1. K.S.A. 38-129 is hereby amended to read as follows: 38-
15       129. (a) The district court may grant the grandparents of an unmarried
16       minor child reasonable visitation rights to the child during the child's
17       minority upon a finding that the visitation rights would be in the child's
18       best interests and when a substantial relationship between the child and
19       the grandparent has been established.
20           (b) The district court may grant   (tri-stars)e parents of a deceased person
21       grandparents visitation rights, or may enforce visitation rights previously
22       granted, pursuant to this section,   even if the surviving parent has remar-
23       ried and the surviving parent's spouse has adopted the child. Visitation
24       rights may be granted pursuant to this subsection without regard to
25       whether the adoption of the child occurred before or after the effective
26       date of this act. to a child, even if the parental rights of the child's parents
27       were terminated and such child was subsequently adopted, upon a finding
28       that such visitation rights would be in the best interests of the child and
29       when a substantial relationship between the child and grandparents has
30       been established.
31           Sec. 2. K.S.A. 59-2118 is hereby amended to read as follows: 59-
32       2118. (a) Any person adopted as provided in K.S.A. 59-2111 through
33       59-2143, and amendments thereto, shall assume the surname of the pe-
34       titioner or petitioners for adoption, except that the court in its discretion
35       may permit a different surname when requested by the petitioner or
36       petitioners. When requested by the petitioner or petitioners, the court,
37       in its discretion, may change the given name or names of the person
38       adopted.
39           (b) When adopted, a person shall be entitled to the same personal
40       and property rights as a birth child of the adoptive parent. The adoptive
41       parent shall be entitled to exercise all the rights of a birth parent and be
42       subject to all the liabilities of that relationship. Upon adoption, all the
43       rights of birth parents to the adopted person, including their right to

SB 649


  1       inherit from or through the person, shall cease, except the rights of a
  2       birth parent who is the spouse of the adopting parent and the rights of
  3       grandparents as provided in K.S.A. 59-2118 and amendments thereto. An
  4       adoption shall not terminate the right of the child to inherit from or
  5       through the birth parent.
  6           Sec. 3. K.S.A. 38-129 and 59-2118 are hereby repealed.
  7           Sec. 4. This act shall take effect and be in force from and after its
  8       publication in the statute book.