In Re the Adoption of McMullen

The opinion of the court was delivered by

Miller, J.:

This is an appeal by Gail McMullen, the natural mother of two minor children, Alitia and Steven McMullen, Jr., from an order of the Sedgwick District Court granting the petition of Kerrie McMullen, the stepmother of the children, for adoption. The issues presented are the meaning of the word “incidental,” as it is used in K.S.A. 59-2102(b), and the constitutionality of that statute.

The statute, insofar as it is here applicable, reads as follows:

“59-2102. ... (a) Before any minor child is adopted, consent must be given to such adoption by;

“(4)…