K.S.A. » Chapter 59
Kansas Statutes Annotated

K.S.A. § 59-2116 (2026)

Consent or relinquishment; time of execution

✓ current as of May 2026
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59-2116. Consent or relinquishment; time of execution. (a) A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child. Any consent or relinquishment given by the mother before 12 hours after the birth of a child is voidable, prior to the final decree of adoption.

(b) A consent or relinquishment may be given by any father or possible father any time after the birth of a child. A consent may be given by any father or possible father before the birth of the child only if he has the advice of independent legal counsel as to the consequences of the consent prior to its execution. The attorney providing independent legal advice shall be present at the execution of the consent.

History: L. 1990, ch. 145, § 6; L. 1994, ch. 301, § 12; L. 2018, ch. 118, § 5; July 1.

CASE ANNOTATIONS

1. Whether natural mother's consent to adoption within 12 hours of birth is voidable before final decree entered examined. In re Adoption of J.H.G., 254 Kan. 780, 788, 791, 800, 869 P.2d 640 (1994).


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Notes of Decisions
Cited in 3 cases, 1994–2001 · leading case: In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994).
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In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). · cites it 8× “*788 In response to Baby Girl H, the Kansas Legislature in 1990 enacted K.S.A. 1993 Supp. 59-2116, which provides, “A consent or relinquishment may not be given by the mother or accepted until 12 hours after the birth of a child.”
In Re the Adoption of Baby Girl T., 21 P.3d 581 (Kan. Ct. App. 2001). · cites it 7× “Without minimizing the impact such pressures might bear upon the psyche of a young, high school-aged, unwed mother, the district court concluded such influences did not overcome the birth mother’s will, forcing her to place her child for adoption involuntarily.”
In re the Marriage of Larson, 894 P.2d 809 (Kan. 1995). “Because her motion was filed after the decree became *462 final, she was too late to invoke K.S.A. 1993 Supp. 59-2116. Her only option was to proceed under 60-260(b).”
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