Session of 1998
SENATE BILL No. 649
By Senator Karr
2-12
9
AN ACT concerning children and minors;
relating to visitation rights of
10 grandparents; amending
K.S.A. 38-129 and 59-2118 and repealing the
11 existing sections.
12
13 Be it enacted by the Legislature of the
State of Kansas:
14 Section 1. K.S.A.
38-129 is hereby amended to read as follows: 38-
15 129. (a) The district court may grant the
grandparents of an unmarried
16 minor child reasonable visitation rights to
the child during the child's
17 minority upon a finding that the visitation
rights would be in the child's
18 best interests and when a substantial
relationship between the child and
19 the grandparent has been established.
20 (b) The district court
may grant (tri-stars)e parents of a deceased
person
21 grandparents visitation rights, or
may enforce visitation rights previously
22 granted, pursuant to this section,
even if the surviving parent has
remar-
23 ried and the surviving parent's
spouse has adopted the child. Visitation
24 rights may be granted pursuant to
this subsection without regard to
25 whether the adoption of the child
occurred before or after the effective
26 date of this act. to a
child, even if the parental rights of the child's parents
27 were terminated and such child was
subsequently adopted, upon a finding
28 that such visitation rights would be in
the best interests of the child and
29 when a substantial relationship between
the child and grandparents has
30 been established.
31 Sec. 2. K.S.A.
59-2118 is hereby amended to read as follows: 59-
32 2118. (a) Any person adopted as provided in
K.S.A. 59-2111 through
33 59-2143, and amendments thereto, shall
assume the surname of the pe-
34 titioner or petitioners for adoption,
except that the court in its discretion
35 may permit a different surname when
requested by the petitioner or
36 petitioners. When requested by the
petitioner or petitioners, the court,
37 in its discretion, may change the given
name or names of the person
38 adopted.
39 (b) When adopted, a
person shall be entitled to the same personal
40 and property rights as a birth child of the
adoptive parent. The adoptive
41 parent shall be entitled to exercise all
the rights of a birth parent and be
42 subject to all the liabilities of that
relationship. Upon adoption, all the
43 rights of birth parents to the adopted
person, including their right to
SB 649
2
1 inherit from or through the person,
shall cease, except the rights of a
2 birth parent who is the spouse of the
adopting parent and the rights of
3 grandparents as provided in K.S.A.
59-2118 and amendments thereto. An
4 adoption shall not terminate the
right of the child to inherit from or
5 through the birth parent.
6
Sec. 3. K.S.A. 38-129 and 59-2118 are hereby
repealed.
7 Sec. 4. This
act shall take effect and be in force from and after its
8 publication in the statute book.
9