Kansas Statutes Annotated

K.S.A. § 59-2121 (2026)

Payment for adoption; limitation; approval by court; criminal penalties

✓ current as of May 2026

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59-2121. Payment for adoption; limitation; approval by court; criminal penalties. (a) Except as otherwise authorized by law, no person shall request, receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption, other than:

(1) Reasonable fees for legal and other professional services rendered in connection with the placement or adoption not to exceed customary fees for similar services by professionals of equivalent experience and reputation where the services are performed;

(2) reasonable fees of a licensed child-placing agency;

(3) actual and necessary expenses incident to placement or to the adoption proceeding;

(4) actual medical expenses of the mother attributable to pregnancy and birth;

(5) actual medical expenses of the child; and

(6) reasonable living expenses of the mother which are incurred during or as a result of the pregnancy.

(b) In an action for adoption, a detailed accounting of all consideration given, or to be given, and all disbursements made, or to be made, in connection with the adoption and the placement for adoption shall accompany the petition for adoption. Upon review of the accounting, the court shall disapprove any such consideration which the court determines to be unreasonable or in violation of this section and, to the extent necessary to comply with the provisions of this section, shall order reimbursement of any consideration already given in violation of this section.

(c) Knowingly and intentionally receiving or accepting clearly excessive fees or expenses in violation of subsection (a) shall be a severity level 9, nonperson felony. Knowingly failing to list all consideration or disbursements as required by subsection (b) shall be a class B nonperson misdemeanor.

History: L. 1990, ch. 145, § 11; L. 1994, ch. 291, § 77; L. 2018, ch. 118, § 8; July 1.

Notes of Decisions

Cited in 8 cases (1 in the last 5 years), 1992–2024 · leading case: State v. Brown, 35 P.3d 910 (Kan. 2001).

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State v. Brown, 35 P.3d 910 (Kan. 2001). · cites it 26× “In her brief, defendant *844 states the issue as being: “The issue in this case is whether the district court correctly interpreted the provisions of K.S.A. 59-2121, and K.S.A. 59-2123, based upon the stipulated facts of the case to find the defendant, Susan K.”

In Re the Adoption of X.J.A., 166 P.3d 396 (Kan. 2007). · cites it 10× “59-2130 and the detailed accounting of the expenses paid by the adoptive parents pursuant to K.S.A.1993 Supp. 59-2121. 254 Kan. at 795-96, 869 P.”

In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). · cites it 5× “59-2130, the accounting required by K.S.A. 59-2121 and any affidavit required by K.”

In re the Application to Adopt I.H.H.-L., 251 P.3d 651 (Kan. Ct. App. 2011). “59-2130, and amendments thereto, the accounting required by K.S.A. 59-2121 and amendments thereto, and any affidavit required by K.”

State v. Clark, 826 P.2d 925 (Kan. Ct. App. 1992). · cites it 5× “Retired: Kelly Joe Clark (defendant/appellant) appeals his conviction on one count of knowingly and intentionally receiving unauthorized consideration in connection with an adoption in violation of K.S.A. 1991 Supp. 59-2121, a class E felony.”

In re M.M. (Kan. Ct. App. 2024). · cites it 5× “to a couple in Texas contrary to K.S.A. 2023 Supp. 59-2121. In summary, B.”

In re the Adoption of Baby Boy M., 18 P.3d 304 (Kan. Ct. App. 2001). · cites it 3× “K.S.A. 59-2121 states as follows: *605 “(a) Except as otherwise authorized by law, no person shall request, receive, give or offer to give any consideration in connection with an adoption, or a placement for adoption, other than: (1) Reasonable fees for legal and other…”

In Re Ihh-L., 251 P.3d 651 (Kan. Ct. App. 2011). “59-2130, and amendments thereto, the accounting required by K.S.A. 59-2121 and amendments thereto, and any affidavit required by K.”

— K.S.A. § 59-2121(a) — 2 cases

State v. Brown, 35 P.3d 910 (Kan. 2001). “In her brief, defendant *844 states the issue as being: “The issue in this case is whether the district court correctly interpreted the provisions of K.S.A. 59-2121, and K.S.A. 59-2123, based upon the stipulated facts of the case to find the defendant, Susan K.”

In re M.M. (Kan. Ct. App. 2024). “to a couple in Texas contrary to K.S.A. 2023 Supp. 59-2121. In summary, B.”

— K.S.A. § 59-2121(a)(l) — 1 case

— K.S.A. § 59-2121(b) — 3 cases

In Re the Adoption of X.J.A., 166 P.3d 396 (Kan. 2007). “59-2130 and the detailed accounting of the expenses paid by the adoptive parents pursuant to K.S.A.1993 Supp. 59-2121. 254 Kan. at 795-96, 869 P.”

In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). “59-2130, the accounting required by K.S.A. 59-2121 and any affidavit required by K.”

— K.S.A. § 59-2121(c) — 3 cases

State v. Clark, 826 P.2d 925 (Kan. Ct. App. 1992). “Retired: Kelly Joe Clark (defendant/appellant) appeals his conviction on one count of knowingly and intentionally receiving unauthorized consideration in connection with an adoption in violation of K.S.A. 1991 Supp. 59-2121, a class E felony.”

In re M.M. (Kan. Ct. App. 2024). “to a couple in Texas contrary to K.S.A. 2023 Supp. 59-2121. In summary, B.”

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