In re the Adoption of I. M.
288 P.3d 864
Kan. Ct. App.2012Background
- J.M. seeks to adopt his former stepdaughter I.M.; I.M. has always treated J.M. as her father.
- Mother and J.M. divorced; mother has sole custody and later remarried; I.M. continues to view J.M. as father.
- Mother consents to the adoption only if she retains parental rights; E.B. is deemed unfit and not required to consent.
- District court dismissed the petition for lack of statutory authority to allow such an adoption.
- Kansas Adoption and Relinquishment Act requires relinquishment of birth parents’ rights for an unmarried person to adopt.
- Court concludes stepparent-adoption under current Kansas law does not permit this without relinquishment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can J.M. adopt I.M. while Mother and E.B. retain rights? | J.M. argues he has in loco parentis rights to consent. | Statute requires relinquishment; no authority for such adoption without termination of parental rights. | Not allowed under Kansas law; requires relinquishment, no exception. |
Key Cases Cited
- Lofton v. Secretary of Dept. of Children & Family, 358 F.3d 804 (11th Cir. 2004) (adoption not a fundamental right)
- Mullins v. State of Oregon, 57 F.3d 789 (9th Cir. 1995) (no fundamental right to adopt)
- Lindley for Lindley v. Sullivan, 889 F.2d 124 (7th Cir. 1989) (no fundamental right to adoption)
- In re Application to Adopt H.B.S.C., 28 Kan. App. 2d 191 (2000) (adoption is statutory, not common law)
- Anderson v. Anderson, 191 Kan. 76 (1963) (custody decisions; in loco parentis distinguished from adoption)
- State v. Taylor, 125 Kan. 594 (1928) (custody vs. adoption distinction)