Kansas Statutes Annotated

K.S.A. § 59-2126 (2026)

Venue

✓ current as of May 2026
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59-2126. Venue. (a) Except as provided in subsection (f), in an independent adoption, venue shall be in the county in which the petitioner resides or in the county in which the child to be adopted resides.

(b) Except as provided in subsection (f), in an agency adoption, venue shall be in the county:

(1) In which the petitioner resides;

(2) in which the child to be adopted resided prior to receipt of custody by the agency;

(3) where the principal place of business for the child placing agency is located; or

(4) if the state or a department of the state is the agency, where the department or any subcontracting agency has an office.

(c) Except as provided in subsection (f), in a stepparent adoption, venue shall be in the county in which the petitioner resides or where the child resides.

(d) If the petitioner resides upon or is stationed at a United States military post or reservation within this state, and the child to be adopted is then residing with the petitioner, venue may be in the district court of the county in which the post or reservation is located, or in the district court of any county located immediately adjacent to such county.

(e) Where the residence of the child, as defined in K.S.A. 59-2112, and amendments thereto, serves as the basis for venue, a sworn affidavit shall be filed with the petition setting forth the factual basis for the child's residency.

(f) In all adoptions, venue may be established in any county in Kansas, if all parties in interest agree in writing to venue in that county.

History: L. 1990, ch. 145, § 16; L. 2018, ch. 118, § 12; L. 2022, ch. 36, § 1; July 1.

Notes of Decisions
Cited in 4 cases, 1994–2011 · leading case: In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994).
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). · cites it 2× “59-2121 and any affidavit required by K.S.A. 59-2126 shall be filed with the petition for adoption.”
In Re the Adoption of Baby Girl B., 867 P.2d 1074 (Kan. Ct. App. 1994). “K.S.A. 1993 Supp. 59-2126(a). The court’s finding that Kansas had jurisdiction when the adoption proceedings were commenced is affirmed.”
In re the Application to Adopt I.H.H.-L., 251 P.3d 651 (Kan. Ct. App. 2011). “59-2121 and amendments thereto, and any affidavit required by K.S.A. 59-2126 shall be filed with the petition for adoption.”
In Re Ihh-L., 251 P.3d 651 (Kan. Ct. App. 2011). “59-2121 and amendments thereto, and any affidavit required by K.S.A. 59-2126 shall be filed with the petition for adoption.”
— K.S.A. § 59-2126(a) — 1 case
In Re the Adoption of Baby Girl B., 867 P.2d 1074 (Kan. Ct. App. 1994). “K.S.A. 1993 Supp. 59-2126(a). The court’s finding that Kansas had jurisdiction when the adoption proceedings were commenced is affirmed.”
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