Kansas Statutes Annotated

K.S.A. § 59-2112 (2026)

Definitions

✓ current as of May 2026

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59-2112. Definitions. As used in K.S.A. 59-2111 through 59-2143, and amendments thereto:

(a) "Adult adoption" means the adoption of an individual who has attained the age of majority;

(b) "agency adoption" means the adoption of a minor child where an agency has the authority to consent to the adoption;

(c) "independent adoption" means the adoption of a minor child where the child's parent or parents, legal guardian or nonagency person in loco parentis has the authority to consent to the adoption, but does not include a stepparent adoption;

(d) "stepparent adoption" means the adoption of a minor child by the spouse of a parent with the consent of that parent;

(e) "residence of a child" and "place where a child resides" means the residence of any parent;

(f) "agency" means any public or private entity organized pursuant to Kansas law, or organized pursuant to the laws of the jurisdiction where located, having for its purpose the care and maintenance of children, being authorized 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;

(g) "person in loco parentis" means an individual or organization vested with the right to consent to the adoption of a child pursuant to relinquishment or an order or judgment by a district court of competent jurisdiction;

(h) "party in interest" means:

(1) A parent whose parental rights have not been terminated;

(2) a prospective adoptive parent;

(3) an adoptive parent;

(4) a legal guardian of a child;

(5) an agency having authority to consent to the adoption of a child;

(6) the child sought to be adopted, if over 14 years of age and of sound intellect; or

(7) an adult adoptee; and

(i) "professional" means any person who receives payment or compensation, but not solely reimbursement for expenses, for providing services related to the placement of children for adoption.

History: L. 1990, ch. 145, § 2; L. 2018, ch. 118, § 2; July 1.

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 1994–2024 · leading case: In re the Adoption of H.C.H., 304 P.3d 1271 (Kan. 2013).

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In re the Adoption of H.C.H., 304 P.3d 1271 (Kan. 2013). · cites it 2× “See K.S.A. 59-2112(a)-(d) (defining types of adoption); K.”

State ex rel. Sec'y of Soc. & Rehab. Servs. v. Bohrer, 189 P.3d 1157 (Kan. 2008). “K.S.A. 59-2112(g) provides that “ ‘person in loco parentis’ means an individual or organization vested with the right to consent to the adoption of a child pursuant to relinquishment or an order or judgment by a district court of competent jurisdiction.”

In re the Adoption of I. M., 288 P.3d 864 (Kan. Ct. App. 2012). · cites it 3× “’s stepparent, so we must treat this as an independent adoption under the statute.”

In Re the Adoption of Baby Girl B., 867 P.2d 1074 (Kan. Ct. App. 1994). “K.S.A. 1993 Supp. 59-2112(e)(1). He further notes that, as a minor, the mother in this case does not have capacity to select her own domicile or residence.”

In re the Application to Adopt I.H.H.-L., 251 P.3d 651 (Kan. Ct. App. 2011). “Initially, it should be noted that “custody” is not defined for purposes of the Kansas Adoption and Relinquishment Act, under which J.”

In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024). · cites it 13× “Grandfather tried intervening in the adoption, but the court denied him "party in interest" status under K.S.A. 2018 Supp. 59-2112(h). He also initiated an unsuccessful paternity case, alleging he was the boy's presumed "father" under the Kansas Parentage Act.”

In re the Marriage of Riggs, 129 P.3d 601 (Kan. Ct. App. 2006). · cites it 2× “In further support of their position, they contend that since K.S.A. 59-2112, which relates to stepparent adoptions, refers to adoption by the spouse of a parent, when one is no longer the spouse of a parent one is no longer a stepparent.”

In re Parentage of E.A., 518 P.3d 419 (Kan. Ct. App. 2022). “A party in interest in an adoption under K.S.A. 2021 Supp. 59-2112(h) is defined as: "(1) A parent whose parental rights have not been terminated; "(2) a prospective adoptive parent; "(3) an adoptive parent; "(4) a legal guardian of a child; "(5) an agency having authority to…”

State of Kan. Ex Rel. Sec. of Srs v. Bohrer, 189 P.3d 1157 (Kan. 2008). “K.S.A. 59-2112(g) provides that "`person in loco parentis' means an individual or organization vested with the right to consent to the adoption of a child pursuant to relinquishment or an order or judgment by a district court of competent jurisdiction.”

In re Adoption of E.D., 453 P.3d 1202 (Kan. Ct. App. 2019). “See K.S.A. 2018 Supp. 59-2112(b), (c), and (d).”

In re Adoption of E.A. (Kan. Ct. App. 2024). · cites it 4× “It decided that because Grandfather did not qualify as a "party in interest" under K.S.A. 2022 Supp. 59-2112, he did not have statutory standing as required to intervene in the adoption.”

In Re Ihh-L., 251 P.3d 651 (Kan. Ct. App. 2011). “See K.S.A. 59-2112. "An appellate court must first attempt to ascertain legislative intent through the statutory language enacted, giving common words their ordinary meanings.”

— K.S.A. § 59-2112(a) — 2 cases

In re the Adoption of H.C.H., 304 P.3d 1271 (Kan. 2013). “See K.S.A. 59-2112(a)-(d) (defining types of adoption); K.”

In re the Adoption of I. M., 288 P.3d 864 (Kan. Ct. App. 2012). “’s stepparent, so we must treat this as an independent adoption under the statute.”

— K.S.A. § 59-2112(b) — 1 case

In re Adoption of E.D., 453 P.3d 1202 (Kan. Ct. App. 2019). “See K.S.A. 2018 Supp. 59-2112(b), (c), and (d).”

— K.S.A. § 59-2112(d) — 2 cases

In re the Adoption of H.C.H., 304 P.3d 1271 (Kan. 2013). “See K.S.A. 59-2112(a)-(d) (defining types of adoption); K.”

In re the Adoption of I. M., 288 P.3d 864 (Kan. Ct. App. 2012). “’s stepparent, so we must treat this as an independent adoption under the statute.”

— K.S.A. § 59-2112(e)(1) — 1 case

— K.S.A. § 59-2112(g) — 3 cases

In re the Adoption of I. M., 288 P.3d 864 (Kan. Ct. App. 2012). “’s stepparent, so we must treat this as an independent adoption under the statute.”

— K.S.A. § 59-2112(h) — 3 cases

In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024). “Grandfather tried intervening in the adoption, but the court denied him "party in interest" status under K.S.A. 2018 Supp. 59-2112(h). He also initiated an unsuccessful paternity case, alleging he was the boy's presumed "father" under the Kansas Parentage Act.”

In re Adoption of E.A. (Kan. Ct. App. 2024). “It decided that because Grandfather did not qualify as a "party in interest" under K.S.A. 2022 Supp. 59-2112, he did not have statutory standing as required to intervene in the adoption.”

— K.S.A. § 59-2112(h)(1) — 1 case

— K.S.A. § 59-2112(h)(2) — 1 case

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