59-2118.
Effect of adoption; name; rights of child, parents.
(a) Any person adopted as provided in K.S.A. 59-2111 through 59-2143, and amendments thereto, shall assume the surname of the petitioner or petitioners for adoption, except that the court in its discretion may permit a different surname when requested by the petitioner or petitioners. When requested by the petitioner or petitioners, the court, in its discretion, may change the given name or names of the person adopted.
(b) When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent. The adoptive parent shall be entitled to exercise all the rights of a birth parent and be subject to all the liabilities of that relationship. Upon adoption, all the rights of birth parents to the adopted person, including their right to inherit from or through the person, shall cease, except the rights of a birth parent who is the spouse of the adopting parent. An adoption shall not terminate the right of the child to inherit from or through the birth parent.
History:
L. 1990, ch. 145, § 8; L. 1993, ch. 195, § 4; July 1.
Notes of Decisions
Sowers v. Tsamolias, 929 P.2d 188 (Kan. Ct. App. 1996).
· cites it 3× “The Sowers essentially raise two primary issues on appeal: (1) The trial court erred by dismissing their petition to establish visitation without a consideration of its merits; and (2) the Tsamoliases should be equitably estopped from denying visitation.”
State ex rel. Sec'y of Soc. & Rehab. Servs. v. Bohrer, 189 P.3d 1157 (Kan. 2008).
“Adoption K.S.A. 59-2118(b) describes the effect of adoption: “When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent.”
Sowers v. Tsamolias, 941 P.2d 949 (Kan. 1997).
“In affirming the district court, the Court of Appeals determined that under K.S.A. 59-2118: (1) the adoption of A.E. created a new legal status of parent and child for the adoptive parents and adopted child; (2) the child no longer remained the child of its natural parents; (3)…”
In Re the Adoption of J.A.B., 997 P.2d 98 (Kan. Ct. App. 2000).
“K.S.A. 59-2118(b) provides that “[ujpon adoption, all the rights of birth parents to the adopted person, including their right to inherit from or through the person, shall cease, except the rights of a birth parent who is the spouse of the adopting parent.”
In re the Adoption of I. M., 288 P.3d 864 (Kan. Ct. App. 2012).
“” K.S.A. 59-2118(b). Accordingly, in Kansas, if an unmarried individual wishes to adopt a child, the birth parents of the child *346 are required to relinquish all parental rights to the child.”
In Re Est. of Van Der Veen, 935 P.2d 1042 (Kan. 1997).
“’s adoptive status is irrelevant because K.S.A. 59-2118(b) provides that “[a]n adoption *213 shall not terminate the right of the child to inherit .”
In re the Est. of Hinderliter, 882 P.2d 1001 (Kan. Ct. App. 1994).
· cites it 4× “Case law on this issue is sparse and hoaiy with age (see In re Estate of Bernatzki, 204 Kan. 131, 133 , 460 P.2d 527 [1969]; however, the statutes have remained essentially the same since a trilogy of cases was decided in 1919 and 1921.”
State of Kan. Ex Rel. Sec. of Srs v. Bohrer, 189 P.3d 1157 (Kan. 2008).
“Adoption K.S.A. 59-2118(b) describes the effect of adoption: "When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent.”
In Re the Adoption of A.A.T., 210 P.3d 640 (Kan. Ct. App. 2006).
“” The adoptive parents point to K.S.A. 59-2118(b), which provides that “[t]he adoptive parent shall *10 be entitled to exercise all the rights of a birth parent and be subject to the liabilities of that relationship.”
— K.S.A. § 59-2118(b) — 12 cases
State ex rel. Sec'y of Soc. & Rehab. Servs. v. Bohrer, 189 P.3d 1157 (Kan. 2008).
“Adoption K.S.A. 59-2118(b) describes the effect of adoption: “When adopted, a person shall be entitled to the same personal and property rights as a birth child of the adoptive parent.”
Sowers v. Tsamolias, 929 P.2d 188 (Kan. Ct. App. 1996).
“The Sowers essentially raise two primary issues on appeal: (1) The trial court erred by dismissing their petition to establish visitation without a consideration of its merits; and (2) the Tsamoliases should be equitably estopped from denying visitation.”
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