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

K.S.A. § 59-2133 (2026)

Hearing; notice provided to certain persons, manner

✓ current as of May 2026
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59-2133. Hearing; notice provided to certain persons, manner. (a) Upon filing the petition, the court shall fix the time and place for the hearing. The time fixed for the hearing shall be within 60 days from the date the petition is filed. The time fixed for the hearing may be extended by the court for good cause.

(b) Notice of the hearing on the petition shall be given to persons entitled to notice at least 10 days before the hearing. Persons who receive notice pursuant to this section shall not be made a party or granted standing based solely on the provision of such notice.

(c) Except as provided in subsection (d), notice of the hearing on the petition shall be given:

(1) In an independent or stepparent adoption, to:

(A) The parents, presumed parents or possible parents;

(B) any person who has physical custody of the child; and

(C) any legal guardian of the child;

(2) in a private agency adoption, to:

(A) The consenting agency;

(B) the parents, presumed parents or possible parents;

(C) any relinquishing person;

(D) any person who has physical custody of the child; and

(E) any legal guardian of the child; and

(3) in a public agency adoption, to the consenting agency.

(d) Notice of the hearing on the petition is not required to be given to:

(1) A person whose parental rights have been terminated by an order of a court of competent jurisdiction; or

(2) a person or agency that has waived in writing the right to receive notice.

(e) Notice of the hearing shall be by personal service, certified mail return receipt requested or in any other manner the court may direct. Notice given pursuant to this section shall not include a copy of the petition.

History: L. 1990, ch. 145, § 23; L. 2013, ch. 35, § 1; L. 2018, ch. 118, § 17; L. 2024, ch. 48, § 1; July 1.

Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 1994–2024 · leading case: In re Adoption of C.L., 427 P.3d 951 (Kan. 2018).
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In re Adoption of C.L., 427 P.3d 951 (Kan. 2018). “See K.S.A. 2016 Supp. 59-2133(d). The record also does not reflect that Father's attorney was informed of the November 29 hearing, even though he entered his appearance in the adoption proceedings on November 4.”
In re the Adoption of A.S.S., 907 P.2d 913 (Kan. Ct. App. 1995). · cites it 7× “had received actual knowledge of the final hearing of the petition for adoption; (2) that the appellees had substantially complied with the notice requirements of K.S.A. 59-2133; (3) the motion to set aside was not timely filed pursuant to K.”
In Re the Adoption of J.A.B., 997 P.2d 98 (Kan. Ct. App. 2000). · cites it 3× “Berkey also argues that since he received notice of the adoption pursuant to K.S.A. 59-2133(b), he has standing to contest the adoption.”
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). “K.S.A. 1993 Supp. 59-2133(b) provides that in an independent adoption, “notice of the hearing on the petition shall be given to the parents or presumed parents.”
In re Roy, 542 P.3d 321 (Kan. 2024). · cites it 3× “K.S.A. 59-2133(a) provides: 'Upon filing the petition, the court shall fix the time and place for the hearing.”
In re Adoption of E.A. (Kan. Ct. App. 2024). · cites it 3× “, he only had a right to notice under K.S.A. 2022 Supp. 59-2133. At the same hearing on the petition, the court granted Grandmother's request and placed E.”
In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024). “When he learned of this because of K.S.A. 2023 Supp. 59-2133(b) (mandating notice of adoption proceedings to "any person who has physical custody of the child"), grandfather filed multiple motions to stop what was happening.”
In Re the Adoption of Baby Boy S., 912 P.2d 761 (1996). “Under K.S.A. 59-2133(b), notice of the adoption proceeding was served on V.”
— K.S.A. § 59-2133(a) — 1 case
In re Roy, 542 P.3d 321 (Kan. 2024). “K.S.A. 59-2133(a) provides: 'Upon filing the petition, the court shall fix the time and place for the hearing.”
— K.S.A. § 59-2133(b) — 6 cases
In Re the Adoption of J.A.B., 997 P.2d 98 (Kan. Ct. App. 2000). “Berkey also argues that since he received notice of the adoption pursuant to K.S.A. 59-2133(b), he has standing to contest the adoption.”
In re the Adoption of A.S.S., 907 P.2d 913 (Kan. Ct. App. 1995). “had received actual knowledge of the final hearing of the petition for adoption; (2) that the appellees had substantially complied with the notice requirements of K.S.A. 59-2133; (3) the motion to set aside was not timely filed pursuant to K.”
In re Adoption of J.H.G., 869 P.2d 640 (Kan. 1994). “K.S.A. 1993 Supp. 59-2133(b) provides that in an independent adoption, “notice of the hearing on the petition shall be given to the parents or presumed parents.”
In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024). “When he learned of this because of K.S.A. 2023 Supp. 59-2133(b) (mandating notice of adoption proceedings to "any person who has physical custody of the child"), grandfather filed multiple motions to stop what was happening.”
In re Adoption of E.A. (Kan. Ct. App. 2024). “, he only had a right to notice under K.S.A. 2022 Supp. 59-2133. At the same hearing on the petition, the court granted Grandmother's request and placed E.”
— K.S.A. § 59-2133(d) — 1 case
In re Adoption of C.L., 427 P.3d 951 (Kan. 2018). “See K.S.A. 2016 Supp. 59-2133(d). The record also does not reflect that Father's attorney was informed of the November 29 hearing, even though he entered his appearance in the adoption proceedings on November 4.”
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