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23-2201 Title and application of act.

23-2201. Title and application of act. (a) K.S.A. 2021 Supp. 23-2201 and 23-2205 through 23-2225, and acts amendatory thereto and supplemental thereof, shall be known and may be cited as the Kansas parentage act. (b) Proceedings concerning parentage of a child shall be governed by this act except to the extent otherwise provided by the […]

23-2202 Definitions.

23-2202. Definitions. As used in K.S.A. 2021 Supp. 23-2202 through 23-2204, and amendments thereto, except where the context otherwise requires: (a) “Birthing hospital” means a hospital or facility as defined by rules and regulations of the secretary for children and families. (b) “IV-D program” means a program for providing services pursuant to part D of […]

23-2203 Hospital based program for voluntary acknowledgment of paternity.

23-2203. Hospital based program for voluntary acknowledgment of paternity. (a) There is hereby established in this state a hospital based program for voluntary acknowledgment of paternity pursuant to K.S.A. 65-2409a, and amendments thereto, for newborn children of unwed mothers. Birthing hospitals shall participate in the program. Other hospitals and persons may participate in the program […]

23-2204 Acknowledgment of paternity forms.

23-2204. Acknowledgment of paternity forms. (a) The state registrar of vital statistics, in conjunction with the secretary for children and families, shall review and, as needed, revise acknowledgment of paternity forms for use under K.S.A. 2021 Supp. 23-2223 and K.S.A. 65-2409a, and amendments thereto. The acknowledgment of paternity forms shall include or have attached a […]

23-2205 Parent and child relationship defined.

23-2205. Parent and child relationship defined. As used in this act, “parent and child relationship” means the legal relationship existing between a child and the child’s biological or adoptive parents incident to which the law confers or imposes rights, privileges, duties and obligations. It includes the mother and child relationship and the father and child […]

23-2206 Relationship not dependent on marriage.

23-2206. Relationship not dependent on marriage. The parent and child relationship extends equally to every child and to every parent, regardless of the marital status of the parents. History: L. 1985, ch. 114, § 3; July 1.

23-2207 How parent and child relationship is established.

23-2207. How parent and child relationship is established. The parent and child relationship between a child and: (a) The mother may be established by proof of her having given birth to the child or under this act. (b) The father may be established under this act or, in the absence of a final judgment establishing […]

23-2208 Presumption of paternity.

23-2208. Presumption of paternity. (a) A man is presumed to be the father of a child if: (1) The man and the child’s mother are, or have been, married to each other and the child is born during the marriage or within 300 days after the marriage is terminated by death or by the filing […]

23-2210 Jurisdiction; venue; precedence of certain other orders.

23-2210. Jurisdiction; venue; precedence of certain other orders. (a) The district court has jurisdiction of an action brought under the Kansas parentage act. The action may be joined with an action for divorce, annulment, separate maintenance, support or adoption. (b) If any determination is sought in any action under the Kansas parentage act for custody, […]

23-2211 Parties.

23-2211. Parties. (a) Except as otherwise provided in subsection (b), the child, the mother, each man presumed to be the father under K.S.A. 2021 Supp. 23-2208, and amendments thereto, and each man alleged to be the father shall be made parties or, if not subject to the jurisdiction of the court, shall be given notice […]

23-2213 Evidence.

23-2213. Evidence. (a) Evidence relating to paternity may include any of the following: (1) Evidence of sexual intercourse between the mother and alleged father at any possible time of conception. (2) An expert’s opinion concerning the statistical probability of the alleged father’s paternity based upon the duration of the mother’s pregnancy. (3) Genetic test results […]

23-2214 Civil action; trial to court.

23-2214. Civil action; trial to court. (a) An action under this act is a civil action governed by the rules of civil procedure. (b) Trial of all issues in actions under this act shall be to the court. History: L. 1985, ch. 114, § 11; July 1.

23-2215 Judgment or order; other authorized orders.

23-2215. Judgment or order; other authorized orders. (a) The judgment or order of the court determining the existence or nonexistence of the parent and child relationship is determinative for all purposes, but if any person necessary to determine the existence of a father and child relationship for all purposes has not been joined as a […]

23-2216 Costs.

23-2216. Costs. (a) Costs and attorney fees may be awarded to either party as justice and equity may require. Unless the attorney represents a public agency in an action, the court may order that the amount be paid directly to the attorney, who may enforce the order in the attorney’s name in the same case. […]

23-2219 Counsel for parties; free transcript for indigent on appeal.

23-2219. Counsel for parties; free transcript for indigent on appeal. (a) If the petitioner is not represented by counsel, the petitioner in an action to determine paternity may apply for services from: (1) The court trustee of the judicial district in which the action is brought, if the office of court trustee has been established […]

23-2220 Action to determine mother and child relationship.

23-2220. Action to determine mother and child relationship. Any interested party may bring an action to determine the existence or nonexistence of a mother and child relationship. Insofar as practicable, the provisions of this act applicable to the father and child relationship apply. History: L. 1985, ch. 114, § 17; July 1.

23-2221 Promise to render support.

23-2221. Promise to render support. It shall be presumed that there is consideration for any written promise to furnish support for a child, growing out of a presumed or alleged father and child relationship. Such a promise shall be enforceable according to its terms, subject to subsection (d) of K.S.A. 2021 Supp. 23-2209. History: L. […]

23-2222 Paternity orders; birth certificates.

23-2222. Paternity orders; birth certificates. (a) Upon receipt of a certified order from a court of this state or an authenticated order of a court of another state, the state registrar of vital statistics shall prepare a new birth registration consistent with the findings of the court. (b) The fact that the father and child […]