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

K.S.A. § 59-2134 (2026)

Hearing

✓ current as of May 2026
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59-2134. Hearing. (a) Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination of whether or not the court should exercise its jurisdiction, offered by any party in interest. If the adoption is granted, the court shall enter a final decree of adoption, which terminates parental rights if not previously terminated.

(b) If the adoption is denied, the court shall enter appropriate orders. Such orders may include an order giving temporary custody of the child to another person or agency for a period not to exceed 30 days pending termination of the instant case or a new case being filed.

(c) The costs of the adoption proceedings shall be paid by the petitioner or as assessed by the court.

History: L. 1990, ch. 145, § 24; L. 2018, ch. 118, § 18; July 1.

Notes of Decisions
Cited in 9 cases (4 in the last 5 years), 2000–2024 · leading case: In re the Application to Adopt J.M.D., 202 P.3d 27 (Kan. Ct. App. 2009).
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In re the Application to Adopt J.M.D., 202 P.3d 27 (Kan. Ct. App. 2009). · cites it 2× “In evaluating the adoptive parents’ appeal, a panel of this court cited K.S.A. 59-2134(c), which states that the “ ‘costs of the adoption proceedings shall be paid by the petitioner or as assessed by the court.”
In re the Adoption of D.S.D., 19 P.3d 204 (Kan. Ct. App. 2001). · cites it 4× “The trial court relied on K.S.A. 59-2134(c) in assessing the indigent father’s attorney fees against the adoptive parents.”
In re Parentage of E.A., 518 P.3d 419 (Kan. Ct. App. 2022). “" K.S.A. 2021 Supp. 59-2134(a). A party in interest in an adoption under K.”
In Re the Adoption of J.A.B., 997 P.2d 98 (Kan. Ct. App. 2000). “He argues that since the trial court is required under K.S.A. 59-2134 to consider all evidence offered by any interested party in considering an adoption petition, it is contrary to the intent of the statute to conclude that he does not have standing in the adoption case.”
In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024). · cites it 3× “59-2112(h), which defines a "party in interest," and K.S.A. 2022 Supp. 59-2134(a), which directs the court to consider evidence "offered by any party in interest.”
In re Adoption of E.A. (Kan. Ct. App. 2024). · cites it 5× “K.S.A. 59-2134(a). Effective July 2018, "interested party" was changed to "party in interest" and the statute reads as follows: "Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination of whether or…”
In Re Jmd, 202 P.3d 27 (Kan. Ct. App. 2009). · cites it 2× “In evaluating the adoptive parents' appeal, a panel of this court cited K.S.A. 59-2134(c), which states that the "`costs of the adoption proceedings shall be paid by the petitioner or as assessed by the court.”
In re X.L. (Kan. Ct. App. 2023). · cites it 2× “See K.S.A. 2022 Supp. 59-2134(a) ("If the adoption is granted, the court shall enter a final decree of adoption.”
In the Interest of F., 341 P.3d 1290 (Kan. Ct. App. 2015). “We have also received a motion from Lonnie’s appellate attorney, Nancy Ogle, asking for an assessment of the fees and expenses incurred in this appeal.”
— K.S.A. § 59-2134(a) — 4 cases
In re Parentage of E.A., 518 P.3d 419 (Kan. Ct. App. 2022). “" K.S.A. 2021 Supp. 59-2134(a). A party in interest in an adoption under K.”
In re Parentage of E.A., 560 P.3d 1149 (Kan. 2024). “59-2112(h), which defines a "party in interest," and K.S.A. 2022 Supp. 59-2134(a), which directs the court to consider evidence "offered by any party in interest.”
In re Adoption of E.A. (Kan. Ct. App. 2024). “K.S.A. 59-2134(a). Effective July 2018, "interested party" was changed to "party in interest" and the statute reads as follows: "Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination of whether or…”
In re X.L. (Kan. Ct. App. 2023). “See K.S.A. 2022 Supp. 59-2134(a) ("If the adoption is granted, the court shall enter a final decree of adoption.”
— K.S.A. § 59-2134(b) — 1 case
In re Adoption of E.A. (Kan. Ct. App. 2024). “K.S.A. 59-2134(a). Effective July 2018, "interested party" was changed to "party in interest" and the statute reads as follows: "Upon the hearing of the petition, the court shall consider the assessment and all evidence, including evidence relating to determination of whether or…”
— K.S.A. § 59-2134(c) — 4 cases
In re the Application to Adopt J.M.D., 202 P.3d 27 (Kan. Ct. App. 2009). “In evaluating the adoptive parents’ appeal, a panel of this court cited K.S.A. 59-2134(c), which states that the “ ‘costs of the adoption proceedings shall be paid by the petitioner or as assessed by the court.”
In re the Adoption of D.S.D., 19 P.3d 204 (Kan. Ct. App. 2001). “The trial court relied on K.S.A. 59-2134(c) in assessing the indigent father’s attorney fees against the adoptive parents.”
In Re Jmd, 202 P.3d 27 (Kan. Ct. App. 2009). “In evaluating the adoptive parents' appeal, a panel of this court cited K.S.A. 59-2134(c), which states that the "`costs of the adoption proceedings shall be paid by the petitioner or as assessed by the court.”
In the Interest of F., 341 P.3d 1290 (Kan. Ct. App. 2015). “We have also received a motion from Lonnie’s appellate attorney, Nancy Ogle, asking for an assessment of the fees and expenses incurred in this appeal.”
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