Right to counsel

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

In In re Application to Adopt H.B.S.C., 12 P.3d 916, 920 (Kan. App. 2000), in finding a right to counsel for a putative father in an appeal of a stepparent adoption notwithstanding a lack of specific legislative language, the court observed:

There is no doubt that the relationship of natural parent and child is a fundamental right of which neither may be deprived without due process of law as guaranteed by the Constitution of the United States and the Kansas Bill of Rights. Nor can there be any doubt that, in such case, the right to counsel, either retained or appointed, is essential to due process.

Appointment of Counsel: categorical Qualified: yes