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How to Adopt an Adult in Kansas

Reviewed by DocDraft Legal Team · Kansas · Last updated October 7, 2026

Kansas splits its adoption act down the middle. K.S.A. 59-2137 applies one group of sections to adult adoptions and K.S.A. 59-2125 applies a different group to adoptions of minor children, and the two groups do not overlap. What is left for an adult case is a district court order making one adult the permanent legal parent of another, with the same personal and property rights as a birth child of the adoptive parent (K.S.A. 59-2118). Any adult, or a married adult couple jointly, may adopt any adult (K.S.A. 59-2113). There is no category list, no disability requirement, no foster care requirement, and no age gap. Kansas does not even require the person being adopted to be younger. The consent list is two signatures. The adult being adopted consents, or the legal guardian of a disabled adult consents for them, and the petitioner's spouse consents (K.S.A. 59-2140). Birth parents consent to nothing. Each consent must be acknowledged before a judge or an officer authorized to take acknowledgments, and must be no more than six months old when you file (K.S.A. 59-2114). A detailed accounting of what the adoption cost goes in with the petition (K.S.A. 59-2121, 59-2139). You file where either of you lives, pay the $48.50 docket fee, and the court may hear the petition forthwith (K.S.A. 59-2138, 59-104, 59-2141). Plan for one default: the adopted person assumes your surname unless you ask the court for something else. Attorney review of your paperwork is available through DocDraft.

Find out where you stand in Kansas

Who are you hoping to adopt?

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Who can be adopted as an adult in Kansas?

Any adult can be adopted by any adult, or by a married adult couple jointly, under K.S.A. 59-2113. Kansas attaches no category list, no disability condition and no foster care condition. It also sets no age gap and does not require the person being adopted to be younger than the person adopting.

Who has to consent to an adult adoption in Kansas?

Two people. The adult being adopted consents, or the legal guardian of a disabled adult consents for them, and the spouse of the person petitioning consents (K.S.A. 59-2140). Birth parents give no consent. The adoptee's own spouse gives none either, though that spouse must be named in the petition.

What does it cost to file an adult adoption in Kansas?

The statutory district court docket fee for an adoption is $48.50 (K.S.A. 59-104). The Supreme Court may add a charge of up to $22 per docket fee through June 30, 2030, so ask the clerk for the current total. A poverty affidavit may be filed instead of the fee.

Which court handles an adult adoption in Kansas?

The district court. There is one in each county, holding general original jurisdiction, and the state has no separate probate or family court (K.S.A. 20-301). File where either the petitioner or the adult being adopted lives, or in any county all parties in interest agree to in writing (K.S.A. 59-2138).

Kansas adult adoption at a glance

An adult adoption in Kansas is a district court order that makes one adult the permanent legal parent of another, giving the adopted person the same personal and property rights as a birth child of the adoptive parent (K.S.A. 59-2118). The structural fact to grasp is that Kansas partitions its adoption act by section number. K.S.A. 59-2137 names the sections that reach adult adoptions, K.S.A. 59-2125 names the sections that reach adoptions of minor children, and nothing sits in both lists. The assessment and investigation section, the general consent section, the general notice section and the general hearing section are all on the minor side. So an adult case carries no home study, no birth parent consent, and a consent list of exactly two people under K.S.A. 59-2140. Any adult may adopt any adult, with no required age difference.

A Riley County aunt adopting her niece who has a guardian

In Riley County, an aunt petitions to adopt her 34 year old niece, who has a developmental disability and a court appointed guardian. K.S.A. 59-2140 lets the guardian give the niece's consent, and the aunt's husband signs the second consent without becoming a petitioner or a second parent. Both consents are notarized in March and the petition is filed in June, inside the six month window in K.S.A. 59-2114. The accounting under K.S.A. 59-2121 lists the docket fee and the attorney charge. Because K.S.A. 59-2118 would otherwise hand the niece her aunt's surname, the petition asks the court to let her keep her own. The judge hears the matter that month and a certified copy of the decree is mailed to the niece's father. Attorney review of the documents is available through DocDraft.

Relevant Laws

K.S.A. 59-2137 (which sections apply to adult adoptions)

The application provision that defines the adult track by section range. It applies K.S.A. 59-2111 through 59-2124 and 59-2138 through 59-2142 to adult adoptions, leaving out 59-2125 through 59-2136, which K.S.A. 59-2125 assigns to adoptions of minor children.

K.S.A. 59-2113 (who may adopt)

Provides that any adult, or a married adult couple jointly, may adopt any minor or adult as their child, except that one spouse cannot do so without the consent of the other. This is the whole eligibility rule, with no category list and no age differential.

K.S.A. 59-2140 (consent in an adult adoption)

The adult specific consent section. Consent must be given by the adult subject of the adoption, or the legal guardian of a disabled adult subject of adoption, and by the spouse of the petitioner, or that spouse's legal guardian if a disabled person. The list stops there.

K.S.A. 59-2118 (effect of adoption, surname, inheritance)

Provides that the adopted person shall assume the petitioner's surname unless the court permits otherwise on the petitioner's request, and that the adopted person gains the same personal and property rights as a birth child while keeping the right to inherit from or through a birth parent.

K.S.A. 59-104 (district court docket fee for an adoption)

Sets the chapter 59 docket fee schedule, listing Adoption at $48.50, and authorizes the Supreme Court to impose an additional charge of up to $22 per docket fee to fund non judicial personnel, a window reset to July 1, 2026 through June 30, 2030 by 2026 House Bill 2393.

Regional Variances

Kansas adult adoption rules at a glance

Who may be adopted

Any adult, with no enumerated categories. K.S.A. 59-2113 lets any adult, or a married adult couple jointly, adopt any minor or adult. No disability condition, no foster care condition and no prior relationship condition appears in the adult sections.

Age relationship

None. A reading of all 34 sections of K.S.A. chapter 59 article 21 found no occurrence of older, younger or any age differential rule. Kansas sets no minimum gap in years and does not require the adopted person to be younger than the adopting adult.

Consent of the adult being adopted

Required under K.S.A. 59-2140, and the legal guardian of a disabled adult may give it instead. Kansas writes the guardian substitution into the adult consent section itself, so a disability route does not leave the consent question open.

Consent of the petitioner's spouse

Required under K.S.A. 59-2140, or given by that spouse's legal guardian if the spouse is a disabled person. This is a consent, not a joinder. K.S.A. 59-2113 offers joint filing by a married adult couple as an alternative route, not as a requirement.

Consent of the adoptee's spouse

Not required. K.S.A. 59-2140 names only the adoptee and the petitioner's spouse. Every use of the word spouse across the adult sections refers to the petitioner's spouse, a birth parent married to the petitioner, or the disclosure duty in K.S.A. 59-2139.

Birth parents

No consent. The general consent section, K.S.A. 59-2129, is on the minor side of the partition. Their names and addresses go in the petition (K.S.A. 59-2139), notice before the hearing is discretionary (K.S.A. 59-2141), and a post decree mailing may be required (K.S.A. 59-2142).

How consents must be signed

In writing and acknowledged before a judge of a court of record or an officer authorized by law to take acknowledgments, and executed not more than six months before the petition is filed (K.S.A. 59-2114). A consent is final when executed, subject to a clear and convincing evidence challenge.

Court and venue

District court, which holds general original jurisdiction in every county (K.S.A. 20-301, 59-104, 59-2119). Venue lies where the petitioner or the adult being adopted resides, or in any Kansas county all parties in interest agree to in writing (K.S.A. 59-2138).

Residency

No durational period. Jurisdiction attaches if either the petitioner or the adult to be adopted resides in the state (K.S.A. 59-2138). The adult sections contain no months in state or months in county requirement and no residency affidavit.

Docket fee

$48.50 for an adoption under the K.S.A. 59-104 chapter 59 schedule. The Supreme Court may add up to $22 per docket fee through June 30, 2030, so confirm the total with the clerk. A poverty affidavit may be filed in lieu of the fee.

Investigation or home study

None reaches an adult case. The assessment and investigation section, K.S.A. 59-2132, is keyed to independent and agency adoptions, both defined as the adoption of a minor child, and sits in the block K.S.A. 59-2137 leaves out of adult adoptions.

Accounting with the petition

Required. K.S.A. 59-2139 directs that the accounting under K.S.A. 59-2121 be filed with the petition, detailing all consideration and disbursements connected with the adoption. The court may disapprove unreasonable amounts and order reimbursement, and omissions carry criminal penalties.

Name in the decree

The adopted person assumes the petitioner's surname by default, and the court may permit a different surname when the petitioner requests one. Given names may also be changed on the petitioner's request (K.S.A. 59-2118). The petition must state whether a change is sought (K.S.A. 59-2139).

Inheritance

The adopted person gains the same personal and property rights as a birth child of the adoptive parent. Birth parents lose the right to inherit from or through that person, except a birth parent married to the adopting parent, while the adopted person keeps the right to inherit from a birth parent (K.S.A. 59-2118).

Statewide forms

None for adult adoption. K.S.A. 59-2143 directs the judicial council to set forth consent, relinquishment and waiver forms for the act, and its published adoption library covers agency or independent adoption, stepparent adoption and termination orders only.

Suggested Compliance Checklist

Read the adult sections, not the general ones

Before you draft anything days after starting

Confirm you are working from K.S.A. 59-2137 through 59-2142 and 59-2111 through 59-2124. K.S.A. 59-2125 assigns 59-2126 through 59-2136 to adoptions of minor children, so the general consent, notice, assessment and hearing sections do not apply to your case.

Confirm eligibility and the age of majority

Before you draft anything days after starting

Verify the person you want to adopt has reached the age of majority, which is 18 under K.S.A. 38-101 and is the threshold K.S.A. 59-2112 uses to define an adult adoption. K.S.A. 59-2113 adds no category, relationship or age difference requirement.

Draft the two written consents

Within six months of your filing date days after starting

Prepare a consent for the adult being adopted, or for that adult's legal guardian if they are disabled, and a consent for your spouse (K.S.A. 59-2140). Each must be acknowledged before a judge or an officer authorized to take acknowledgments (K.S.A. 59-2114). Attorney review is available through DocDraft.

Draft the petition for adult adoption

With the consents days after starting

Include all six items K.S.A. 59-2139 requires, including the facts showing the reasons for the adoption, whether either party is married and that spouse's details, whether the adoptee's parents are living, and whether a change of name is requested. No statewide form exists.

Prepare the K.S.A. 59-2121 accounting

Before filing days after starting

Itemize all consideration given or to be given and all disbursements made or to be made in connection with the adoption. K.S.A. 59-2139 requires it to be filed with the petition, and knowingly failing to list everything is a class B nonperson misdemeanor under K.S.A. 59-2121.

File in the right district court and pay the fee

Within the consent window days after starting

File in the county where you or the adult being adopted resides, or in a county all parties in interest have agreed to in writing (K.S.A. 59-2138). Pay the $48.50 adoption docket fee under K.S.A. 59-104 and ask the clerk whether an additional non judicial personnel charge applies.

Attend the hearing and complete the decree steps

On your hearing date and after days after starting

The court may hear the petition forthwith, with or without notice as it directs (K.S.A. 59-2141). After the decree, mail a certified copy to any former parent who had no notice and file proof of mailing or an explanatory affidavit (K.S.A. 59-2142).

Frequently Asked Questions

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