Printable Format59-501. Definitions. As used in K.S.A. 59-502 through 59-514, inclusive:
(a) "Children" means biological children, including a posthumous child; children adopted as provided by law; and children whose parentage is or has been determined under the Kansas parentage act or prior law.
(b) "Issue" includes adopted children of deceased children or issue.
History: L. 1939, ch. 180, § 23; L. 1985, ch. 114, § 25; July 1.
Source or prior law:
22-121, 22-122, 22-123, 22-129.
Law Review and Bar Journal References:
Annotation No. 4 discussed in 1955-56 survey of family law, Dan Hopson, Jr., 5 K.L.R. 255, 257 (1956).
Survey of law of family, John Brand, Jr., and Dan Hopson, Jr., 12 K.L.R. 257, 260 (1963).
Illegitimacy in Kansas, Donald W. Vasos, 14 K.L.R. 473, 477, 491, 493, 496 (1966).
"Mr. Dacey and His Book," James K. Logan, 36 J.B.A.K. 181, 225 (1967).
"The Beginning of Life," M. Martin Halley and William F. Harvey, 69 J.K.M.S. 384, 385, 386 (1968).
1965-69 survey of estate planning and future interests, James K. Logan, 17 K.L.R. 455, 480 (1969).
"Intestate Succession in Kansas," Jay Scott Brown, 8 W.L.J. 284, 288, 302, 305, 309 (1969).
"Criminal Law—Constitutional Challenge to the Abortion Laws," Edward J. Hund, Jr., 9 W.L.J. 286, 291 (1970).
Severance of joint tenancy, 18 W.L.J. 682, 689 (1979).
"The Equal Protection Clause and Illegitimacy—What Standard of Review?" Mary F. Carson, 28 K.L.R. 140, 150 (1979).
"The Uniform Parentage Act: An Opportunity to Extend Equal Protection to All Kansas Children," Dwight A. Corrin, 19 W.L.J. 110, 117 (1979).
"Domestic Relations: Kansas Recognizes Unadjudicated Natural Father May Render Valid Adoptive Consent," Dan Muchow, 19 W.L.J. 167, 170, 171, 172 (1979).
"Torts: 'Heirs at Law' Construed in Kansas Wrongful Death Statute," Pamela R. Hays, 19 W.L.J. 389, 392 (1980).
"The Kansas Parentage Act—A Proposal for Legal Equality for Non-marital Families," Brian Moline, 52 J.K.B.A. 254, 259, 266 (1983).
"Surrogate Motherhood: Contractual Issues and Remedies Under Legislative Proposals," David K. Martin, 23 W.L.J. 601, 614 (1984).
"Survey of Kansas Law: Family Law," Nancy G. Maxwell, 32 K.L.R. 543, 558 (1984).
"A Primer on Posthumous Conception and Related Issues of Assisted Reproduction," Michelle L. Brenwald and Kay Redeker, 38 W.L.J. 599 (1999).
"Equal Protection, Postmortem Conception, and Intestacy," Kristine S. Knaplund, 53 K.L.R. 627 (2005).
"For Love or Money: The Kansas Supreme Court's Problematic Acceptance of the 'Best Interests of the Child' Standard in an Intestate Claim [Reese v. Muret, 150 P.3d 309 (Kan. 2007)]," Angela Chesney Herrington, 47 W.L.J. 177 (2007).
CASE ANNOTATIONS
1. Cited; workman's illegitimate children held dependents under workmen's compensation act. Green v. Burch, 164 Kan. 348, 358, 189 P.2d 892.
2. Finding that party was recognized illegitimate child upheld. Meyer v. Rogers, 173 Kan. 124, 127, 132, 244 P.2d 1169.
3. Recognized illegitimate child entitled to share in income from Kansas real estate. Meyer v. Rogers, 173 Kan. 124, 127, 132, 244 P.2d 1169.
4. Evidence of settlement of bastardy action and gossip as to paternity, insufficient. In re Estate of Case, 180 Kan. 53, 56, 57, 59, 299 P.2d 589.
5. Cited; assertion of rights under postnuptial contract not claim against estate. McCormick v. Maddy, 186 Kan. 154, 163, 348 P.2d 1007.
6. Administrator settled wrongful death claim without suit; general release; proceeds distributable under K.S.A. 60-3203. Holmes, Administrator v. Price, 186 Kan. 623, 624, 352 P.2d 5.
7. Mentioned; "lawful issue born in wedlock" did not include adopted children. Smyth v. Thomas, 198 Kan. 252, 257, 424 P.2d 498.
8. When used in will, "issue" will not be construed to mean adopted children; section applicable only to intestate succession. Poertner v. Burkdoll, 201 Kan. 41, 44, 439 P.2d 393.
9. Mentioned; family settlement agreement to withhold will from probate not valid defense to petition to probate. In re Estate of Harper, 202 Kan. 150, 164, 446 P.2d 738.
10. Right of illegitimate child whose paternity was determined during lifetime of father to inherit from paternal grandparent is to be determined as of date of grandparent's death and under law in effect at that time. In re Estate of McKay, 208 Kan. 282, 283, 285, 286, 288, 491 P.2d 932.
11. Unadjudicated father of illegitimate child acknowledging paternity in writing was "parent" under K.S.A. 59-2102(3); consent to adoption upheld. Aslin v. Seamon, 225 Kan. 77, 79, 587 P.2d 875.
12. Parent-child relationship may be established where father has notoriously or in writing recognized his paternity; evidence of recognition may be sufficient. In re Estate of Kuhn, 229 Kan. 536, 537, 626 P.2d 794.
13. Child who was never acknowledged or found by court to be child of deceased worker is not child as defined here. No right to insurance benefits. Bland v. Harris, 493 F. Supp. 423, 427, 430.
14. Mentioned; action to determine paternity in the abstract cannot be brought by child against putative father. Gross v. VanLerberg, 231 Kan. 401, 405, 646 P.2d 471 (1982).
15. Once paternity is established, the unwed father may bring an action to enforce visitation right. Carty v. Martin, 233 Kan. 7, 10, 660 P.2d 540 (1983).
16. Whether adopted children have right to inherit from intestate biological parents estate examined. In re Estate of Hinderliter, 20 Kan. App. 2d 29, 30, 882 P.2d 1001 (1994).
17. The probate code provides no mechanism for challenging a paternity determination once established in accordance with the Kansas Parentage Act. Reese v. Muret, 283 Kan. 1, 5, 150 P.3d 309 (2007).