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

K.S.A. § 59-2128 (2026)

Petition for adoption; consents, background information, accounting, residency affidavit, filing

✓ current as of May 2026
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59-2128. Petition for adoption; consents, background information, accounting, residency affidavit, filing. (a) A petition for adoption shall be filed by the person desiring to adopt the child, and shall state the following information, if reasonably ascertainable, under oath:

(1) The name, residence and address of the petitioner;

(2) the suitability of the petitioner to assume the relationship;

(3) the name of the child, the date, time and place of the child's birth, and the present address or whereabouts of the child;

(4) the places where the child has lived during the last five years;

(5) the names and present addresses of the persons with whom the child has lived during that period;

(6) whether the party has participated, as a party or witness or in any other capacity, in any other proceeding concerning the custody of or visitation with the child and, if so, identify the court, the case number, and the date of the child-custody determination, if any;

(7) whether the party knows of any proceeding that could affect the current proceeding, including proceedings for enforcement and proceedings relating to domestic violence, protective orders, termination of parental rights, and adoptions and, if so, identify the court, the case number, and the nature of the proceeding;

(8) whether the party knows the names and addresses of any person not a party to the proceeding who has physical custody of the child or claims rights of legal custody or physical custody of, or visitation with, the child and, if so, the names and addresses of those persons;

(9) whether one or both parents are living and the name, date of birth, residence and address of those living, so far as known to the petitioner;

(10) the facts relied upon as eliminating the necessity for the consent or relinquishment, if the consent or relinquishment of either or both parents is not obtained;

(11) whether the interstate compact on placement of children, K.S.A. 38-1201 et seq., and amendments thereto, and the Indian child welfare act, 25 U.S.C. § 1901 et seq., have been or will be complied with prior to the hearing.

(b) If the information required by subsection (a) is not furnished, the court, upon motion of a party or its own motion, may stay the proceeding until the information is furnished.

(c) If the declaration as to any of the items described in subsection (a)(6) through (a)(9) is in the affirmative, the declarant shall give additional information under oath as required by the court. The court may examine the parties under oath as to details of the information furnished and other matters pertinent to the court's jurisdiction and the disposition of the case.

(d) The petitioner has a continuing duty to inform the court of any proceeding in this or any other state that could affect the current proceeding.

(e) A petition filed in a step parent adoption shall not require a statement in compliance with the interstate compact on placement of children.

(f) The written consents to adoption required by K.S.A. 59-2129, and amendments thereto, or any relinquishment pursuant to K.S.A. 59-2124, and amendments thereto, the background information required by K.S.A. 59-2130, and amendments thereto, the accounting required by K.S.A. 59-2121, and amendments thereto, and any affidavit required by K.S.A. 59-2126, and amendments thereto, shall be filed with the petition for adoption.

History: L. 1990, ch. 145, § 18; L. 2000, ch. 171, § 76; L. 2018, ch. 118, § 14; July 1.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1994–2024 · leading case: In Re the Adoption of X.J.A., 166 P.3d 396 (Kan. 2007).
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In Re the Adoption of X.J.A., 166 P.3d 396 (Kan. 2007). · cites it 14× “Specifically, the petition failed to state as required by K.S.A.1993 Supp. 59-2128:(1) the time of the child's birth; (2) the dates of birth of the child's parents; (3) the facts relied upon as eliminating the necessity for the natural father's consent since his consent was not…”
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). · cites it 10× “The adoptive parents contend, and the trial court agreed, that the requirements of K.S.A. 1993 Supp. 59-2128 are only directory and not mandatory; hence, substantial compliance with the requirements is sufficient.”
In re the Application to Adopt I.H.H.-L., 251 P.3d 651 (Kan. Ct. App. 2011). · cites it 4× “A petition for adoption may be filed under K.S.A. 59-2128 by “the person desiring to adopt the child.”
In re the Adoption of H.C.H., 304 P.3d 1271 (Kan. 2013). “-59-2121 (payment for adoption); K.S.A. 59-2128 (petition for adoption); K.”
In Re the Adoption of Baby Girl B., 867 P.2d 1074 (Kan. Ct. App. 1994). “However, we note that K.S.A. 1993 Supp. 59-2128(a)(l)(F) states that a petition for adoption must include the same information required by the UCCJA in K.”
In Re the Adoption of A.P., 982 P.2d 985 (Kan. Ct. App. 1999). · cites it 7× “Second, the Kansas Supreme Court has addressed the invalidity of an adoption petition based on a party’s failure to list all the information required in a petition by K.S.A. 59-2128. In In re Adoption of J.H.”
In re Adoption of E.D., 453 P.3d 1202 (Kan. Ct. App. 2019). · cites it 3× “If the claims are filed together and a consent to the adoption is not filed at the same time as the petition as required by K.S.A. 2018 Supp. 59-2128(f), that has no effect on the court's subject-matter jurisdiction over the claim to terminate parental rights.”
In Re the Adoption of W.J., 942 P.2d 37 (Kan. 1997). “foreign country and is recognized as a valid adoption by the immigration and naturalization service of United States department of justice, the adoptive parent or parents may petition the court, pursuant to K.S.A. 59-2128, and amendments thereto, for a subsequent adoption in the…”
In Re Ihh-L., 251 P.3d 651 (Kan. Ct. App. 2011). · cites it 3× “A petition for adoption may be filed under K.S.A. 59-2128 by "the person desiring to adopt the child.”
In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024). “" See K.S.A. 2023 Supp. 59-2128(a)(4) (requiring petitioners to provide a sworn account of the child's residence over the last five 5 years).”
— K.S.A. § 59-2128(a) — 1 case
In Re the Adoption of X.J.A., 166 P.3d 396 (Kan. 2007). “Specifically, the petition failed to state as required by K.S.A.1993 Supp. 59-2128:(1) the time of the child's birth; (2) the dates of birth of the child's parents; (3) the facts relied upon as eliminating the necessity for the natural father's consent since his consent was not…”
— K.S.A. § 59-2128(a)(1) — 1 case
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). “The adoptive parents contend, and the trial court agreed, that the requirements of K.S.A. 1993 Supp. 59-2128 are only directory and not mandatory; hence, substantial compliance with the requirements is sufficient.”
— K.S.A. § 59-2128(a)(4) — 1 case
In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024). “" See K.S.A. 2023 Supp. 59-2128(a)(4) (requiring petitioners to provide a sworn account of the child's residence over the last five 5 years).”
— K.S.A. § 59-2128(a)(l)(B) — 1 case
In Re the Adoption of A.P., 982 P.2d 985 (Kan. Ct. App. 1999). “Second, the Kansas Supreme Court has addressed the invalidity of an adoption petition based on a party’s failure to list all the information required in a petition by K.S.A. 59-2128. In In re Adoption of J.H.”
— K.S.A. § 59-2128(a)(l)(E) — 1 case
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). “The adoptive parents contend, and the trial court agreed, that the requirements of K.S.A. 1993 Supp. 59-2128 are only directory and not mandatory; hence, substantial compliance with the requirements is sufficient.”
— K.S.A. § 59-2128(a)(l)(F) — 1 case
In Re the Adoption of Baby Girl B., 867 P.2d 1074 (Kan. Ct. App. 1994). “However, we note that K.S.A. 1993 Supp. 59-2128(a)(l)(F) states that a petition for adoption must include the same information required by the UCCJA in K.”
— K.S.A. § 59-2128(b) — 1 case
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). “The adoptive parents contend, and the trial court agreed, that the requirements of K.S.A. 1993 Supp. 59-2128 are only directory and not mandatory; hence, substantial compliance with the requirements is sufficient.”
— K.S.A. § 59-2128(f) — 4 cases
In Re the Adoption of X.J.A., 166 P.3d 396 (Kan. 2007). “Specifically, the petition failed to state as required by K.S.A.1993 Supp. 59-2128:(1) the time of the child's birth; (2) the dates of birth of the child's parents; (3) the facts relied upon as eliminating the necessity for the natural father's consent since his consent was not…”
In re the Application to Adopt I.H.H.-L., 251 P.3d 651 (Kan. Ct. App. 2011). “A petition for adoption may be filed under K.S.A. 59-2128 by “the person desiring to adopt the child.”
In re Adoption of E.D., 453 P.3d 1202 (Kan. Ct. App. 2019). “If the claims are filed together and a consent to the adoption is not filed at the same time as the petition as required by K.S.A. 2018 Supp. 59-2128(f), that has no effect on the court's subject-matter jurisdiction over the claim to terminate parental rights.”
In Re Ihh-L., 251 P.3d 651 (Kan. Ct. App. 2011). “A petition for adoption may be filed under K.S.A. 59-2128 by "the person desiring to adopt the child.”
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