Osborn v. Anderson (Kansas 2018)

No. 118,982 (Kan. Ct. App. 2018)
October 2018

An annulment order doesn’t revoke a paternity acknowledgment without language to that effect. In this case, the father signed a paternity affidavit knowing that he wasn’t the child’s biological father. The father and mother married, but ended their marriage with a judicial annulment. The annulment order stated no children were born of the marriage. The child died, and the father filed a wrongful death action against the mother and other parties. After a series of hearings, the district court dismissed the suit, finding that the father had no standing. It found that the annulment revoked the acknowledgement. The father appealed, arguing he was the child’s legal father. The appellate court reversed the district court order. The court stated that while this wasn’t a paternity action, the court had to apply the Kansas Parentage Act to determine if the father had standing to bring the case. It found the annulment only set aside the marriage. The annulment order contained no language about setting aside the acknowledgment. The court further found that the mother had not filed an action to set aside acknowledgment in a timely manner.