K.S.A. » Chapter 38
Kansas Statutes Annotated

K.S.A. § 38-2268 (2026)

Voluntary relinquishment; consent to permanent custodian or SOUL family legal permanency custodian; consent to adoption

✓ current as of May 2026
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38-2268. Voluntary relinquishment; consent to permanent custodian or SOUL family legal permanency custodian; consent to adoption. (a) Prior to a hearing to consider the termination of parental rights, if the child's permanency plan is either adoption or appointment of a permanent custodian or a SOUL family legal permanency custodian, with the approval of the guardian ad litem and acceptance and approval of the secretary, either or both parents may: Relinquish parental rights to the child to the secretary; consent to an adoption; or consent to appointment of a permanent custodian or a SOUL family legal permanency custodian.

(b) Relinquishment of child to secretary. (1) Any parent or parents may relinquish a child to the secretary, and if the secretary accepts the relinquishment in writing, the secretary shall stand in loco parentis to the child and shall have and possess over the child all rights of a parent, including the power to place the child for adoption and give consent thereto.

(2) All relinquishments to the secretary shall be in writing, in substantial conformity with the form for relinquishment contained in the appendix of forms following K.S.A. 59-2143, and amendments thereto, and shall be executed by either parent of the child.

(3) The relinquishment 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 the relinquishment is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the relinquishing parent of the consequences of the relinquishment.

(4) Except as otherwise provided, in all cases where a parent has relinquished a child to the agency pursuant to K.S.A. 59-2111 through 59-2143, and amendments thereto, all the rights of the parent shall be terminated, including the right to receive notice in a subsequent adoption proceeding involving the child. Upon such relinquishment, all the rights of the parents to such child, including such parent's right to inherit from or through such child, shall cease.

(5) If a parent has relinquished a child to the secretary based on a belief that the child's other parent would relinquish the child to the secretary or would be found unfit, and this does not occur, the rights of the parent who has relinquished a child to the secretary shall not be terminated.

(6) A parent's relinquishment of a child shall not terminate the right of the child to inherit from or through the parent.

(c) SOUL family legal permanency. (1) A parent may consent to SOUL family legal permanency pursuant to K.S.A. 2025 Supp. 38-2272a, and amendments thereto. If the individual designated as the SOUL family legal permanency custodian consents to the appointment and such individual is approved by the court, such individual shall have and possesses over the child all the rights and responsibilities of a permanent custodian subject to K.S.A. 2025 Supp. 38-2272a, and amendments thereto.

(2) Each consent to the appointment of a SOUL family legal permanency custodian shall be in writing and executed by either parent or legal guardian of the child.

(d) Permanent custody. (1) A parent may consent to appointment of an individual as permanent custodian and if the individual accepts the consent, such individual shall stand in loco parentis to the child and shall have and possess over the child all the rights of a legal guardian.

(2) All consents to appointment of a permanent custodian shall be in writing and shall be executed by either parent of the child.

(3) The 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 the consent is acknowledged before a judge of a court of record, it shall be the duty of the court to advise the consenting parent of the consequences of the consent.

(4) If a parent has consented to appointment of a permanent custodian based upon a belief that the child's other parent would so consent or would be found unfit, and this does not occur, the consent shall be null and void.

(e) Adoption. If the child is in the custody of the secretary and the parental rights of both parents have been terminated or the parental rights of one parent have been terminated or that parent has relinquished parental rights to the secretary, the child may be adopted by persons approved by the secretary and the court. If the child is no longer in the custody of the secretary, the court may approve adoption of the child by persons who:

(1) Both parents consent to adopt; or

(2) one parent consents to adopt, if the parental rights of the other parent have been terminated. The consent shall follow the form contained in the appendix of forms following K.S.A. 59-2143, and amendments thereto.

History: L. 2006, ch. 200, § 63; L. 2008, ch. 169, § 18; L. 2014, ch. 126, § 5; L. 2018, ch. 107, § 12; L. 2024, ch. 47, § 9; July 1.

Notes of Decisions
Cited in 10 cases (7 in the last 5 years), 2008–2024 · leading case: In re P..R., 480 P.3d 778 (Kan. 2021).
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In re P..R., 480 P.3d 778 (Kan. 2021). · cites it 15× “The new order stated, "Mother's voluntary relinquishment under K.S.A. 38-2268 was a proper, legally authorized adjudication of Mother's parental rights and it is not necessary to conduct further proceedings to terminate her Mother's parental rights.”
State ex rel. Sec'y of Soc. & Rehab. Servs. v. Bohrer, 189 P.3d 1157 (Kan. 2008). “) See also K.S.A. 2006 Supp. 38-2268(b)(4) (providing that upon voluntary relinquishment, “all the rights of the parent shall be terminated, including the right to receive notice in a subsequent adoption proceeding involving the child” and “all the rights of the parent to such…”
State of Kan. Ex Rel. Sec. of Srs v. Bohrer, 189 P.3d 1157 (Kan. 2008). “) See also K.S.A.2006 Supp. 38-2268(b)(4) (providing that upon voluntary relinquishment, "all the rights of the parent shall be terminated, including the right to receive notice in a subsequent adoption proceeding involving the child" and "all the rights of the parent to such…”
In re N.O. (Kan. Ct. App. 2020). · cites it 8× “38- 2268(b)(5) provides that when a parent relinquishes his or her rights over a child under "a belief that the child's other parent would relinquish the child to the secretary or would be found unfit, and this does not occur, the rights of the parent who has relinquished a…”
In re B.M. (Kan. Ct. App. 2021). “In fact, in her brief, each of Mother's specific complaints about the district court's findings that she is unfit to parent and unlikely to become fit to parent in the foreseeable future as stated under K.S.A. 2020 Supp. 38-2268(b)(7), (b)(8), (c)(2), and (c)(3) involve these…”
In re I.O. (Kan. Ct. App. 2022). “" Because the children had been in placements out of the home for more than 15 months, the district court also considered and found N.”
In re A.J. (Kan. Ct. App. 2022). “The district court's journal entry refined this ruling and listed only the first three of these factors as bases for its finding of unfitness: K.”
In re Y.B. (Kan. Ct. App. 2024). “See K.S.A. 38-2268(a) (during child in need of care proceeding, parent may voluntarily relinquish parental rights).”
In re Y.B. (Kan. Ct. App. 2024). “See K.S.A. 38-2268(a) (during child in need of care proceeding, parent may voluntarily relinquish parental rights).”
In re Y.B. (Kan. Ct. App. 2024). “See K.S.A. 38-2268(a) (during child in need of care proceeding, parent may voluntarily relinquish parental rights).”
— K.S.A. § 38-2268(a) — 3 cases
In re Y.B. (Kan. Ct. App. 2024). “See K.S.A. 38-2268(a) (during child in need of care proceeding, parent may voluntarily relinquish parental rights).”
In re Y.B. (Kan. Ct. App. 2024). “See K.S.A. 38-2268(a) (during child in need of care proceeding, parent may voluntarily relinquish parental rights).”
In re Y.B. (Kan. Ct. App. 2024). “See K.S.A. 38-2268(a) (during child in need of care proceeding, parent may voluntarily relinquish parental rights).”
— K.S.A. § 38-2268(b) — 1 case
In re P..R., 480 P.3d 778 (Kan. 2021). “The new order stated, "Mother's voluntary relinquishment under K.S.A. 38-2268 was a proper, legally authorized adjudication of Mother's parental rights and it is not necessary to conduct further proceedings to terminate her Mother's parental rights.”
— K.S.A. § 38-2268(b)(1) — 1 case
In re P..R., 480 P.3d 778 (Kan. 2021). “The new order stated, "Mother's voluntary relinquishment under K.S.A. 38-2268 was a proper, legally authorized adjudication of Mother's parental rights and it is not necessary to conduct further proceedings to terminate her Mother's parental rights.”
— K.S.A. § 38-2268(b)(4) — 3 cases
In re P..R., 480 P.3d 778 (Kan. 2021). “The new order stated, "Mother's voluntary relinquishment under K.S.A. 38-2268 was a proper, legally authorized adjudication of Mother's parental rights and it is not necessary to conduct further proceedings to terminate her Mother's parental rights.”
State ex rel. Sec'y of Soc. & Rehab. Servs. v. Bohrer, 189 P.3d 1157 (Kan. 2008). “) See also K.S.A. 2006 Supp. 38-2268(b)(4) (providing that upon voluntary relinquishment, “all the rights of the parent shall be terminated, including the right to receive notice in a subsequent adoption proceeding involving the child” and “all the rights of the parent to such…”
State of Kan. Ex Rel. Sec. of Srs v. Bohrer, 189 P.3d 1157 (Kan. 2008). “) See also K.S.A.2006 Supp. 38-2268(b)(4) (providing that upon voluntary relinquishment, "all the rights of the parent shall be terminated, including the right to receive notice in a subsequent adoption proceeding involving the child" and "all the rights of the parent to such…”
— K.S.A. § 38-2268(b)(5) — 3 cases
In re P..R., 480 P.3d 778 (Kan. 2021). “The new order stated, "Mother's voluntary relinquishment under K.S.A. 38-2268 was a proper, legally authorized adjudication of Mother's parental rights and it is not necessary to conduct further proceedings to terminate her Mother's parental rights.”
In re N.O. (Kan. Ct. App. 2020). “38- 2268(b)(5) provides that when a parent relinquishes his or her rights over a child under "a belief that the child's other parent would relinquish the child to the secretary or would be found unfit, and this does not occur, the rights of the parent who has relinquished a…”
In re A.J. (Kan. Ct. App. 2022). “The district court's journal entry refined this ruling and listed only the first three of these factors as bases for its finding of unfitness: K.”
— K.S.A. § 38-2268(b)(6) — 1 case
In re P..R., 480 P.3d 778 (Kan. 2021). “The new order stated, "Mother's voluntary relinquishment under K.S.A. 38-2268 was a proper, legally authorized adjudication of Mother's parental rights and it is not necessary to conduct further proceedings to terminate her Mother's parental rights.”
— K.S.A. § 38-2268(b)(7) — 2 cases
In re B.M. (Kan. Ct. App. 2021). “In fact, in her brief, each of Mother's specific complaints about the district court's findings that she is unfit to parent and unlikely to become fit to parent in the foreseeable future as stated under K.S.A. 2020 Supp. 38-2268(b)(7), (b)(8), (c)(2), and (c)(3) involve these…”
In re I.O. (Kan. Ct. App. 2022). “" Because the children had been in placements out of the home for more than 15 months, the district court also considered and found N.”
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