Right to counsel

Key_development Question_mark

Legislation, Termination of Parental Rights (Private) - Birth Parents

A court must appoint counsel in non-stepparent adoption proceedings to represent any father whose identity or whereabouts are unknown, Kan. Stat. Ann. § 59-2136(c), and any indigent father (or mother) who appears and asserts parental rights, Kan. Stat. Ann. § 59-2136(h). While § 59-2136 refers to "father", it applies to mothers too because § 59-2136(b) states, "Insofar as practicable, the provisions of this section applicable to the father also shall apply to the mother …"  In stepparent adoptions, the court may, rather than must, appoint counsel for an absent or uknown father.  Kan. Stat. § 59-2136(c) (2008). 

 

This right to counsel continues through the appeal. In re Application to Adopt H.B.S.C., 12 P.3d 916, 921-922 (Kan. Ct. App. 2000).

Appointment of Counsel: categorical Qualified: no