ADOPTION IN KENTUCKY

See Kentucky Revised Statutes Annotated Sections 199.470 to 199.590 (1997)

The following is general information on the subject of adoption of a minor.

Who Can Adopt?

Any adult who has lived in the State for 1 year may adopt. A husband and wife must file to adopt jointly, unless the judge allows an exception, or unless the party wishing to adopt is a stepparent.

No petition for adoption can be filed until the child has lived in the prospective adoptive parent's home for at least 3 months, unless the child is being placed for adoption by a child placing agency.

Who Can Be Adopted?

Any child can be adopted.

Consent to Adoption Required

The following persons must consent to the adoption:

1. Both parents of a child born in wedlock;
2. The mother of a child born out of wedlock;
3. The father of a child born out of wedlock if his paternity has been determined by a court (e.g. through the financial support of the child, joint living arrangements, name on the birth certificate), or an affidavit of paternity has been filed;
4. A minor parent, but a guardian ad litem shall be appointed; and
5. An adoptee 12 years of age or older, unless the court waives this requirement.

The following persons need not consent:

• Parents that are ruled by the court to be mentally disabled, and this ruling was made at least 1 year ago;
• Parents whose rights have been legally terminated;
• Parents who are divorced, where one parent's rights have been terminated and the parent with custody consents to the adoption; or
• A parent who has abandoned the child for at least 90 days, or has allowed the child to be abused, or has generally failed to provide care or protection for at least 6 months.

Consent to adoption cannot be given prior to 72 hours after the birth of the child. There are no provisions in the law regarding withdrawal of consent.

Confidentiality

The files and records in an adoption proceeding are sealed and cannot be opened except under a court order. Non-identifying health information is given to the adoptive parents. If the adoptee is under 18 years of age, a new birth certificate is issued and does not reveal any identifying information about the biological parents or the fact that the child is adopted.

The biological parents may consent, at any time, to personal contact or release of identifying information to the adoptee when the adoptee becomes an adult. This consent can be later revoked.

If the adult adoptee requests to see identifying information and the biological parent did not consent, the court may seek consent from the biological parent. The biological parent has 60 days to respond. If the court cannot locate the parent, after making reasonable and diligent efforts, then the court will determine whether to open the files or not.

Permissible Fees

A child-placing agency may charge a reasonable fee for adoption services. Otherwise, however, no person, agency, institution, or intermediary may sell, purchase, or procure any child for the purpose of adoption. Adoptive parents may pay some expenses related to medical, legal, placement, or other services, subject to court review and approval.

Place of Adoption Hearing

The adoption hearing may take place in the county where the adoptive parent lives.

Authority To Place Child

No person or organization, other than the Cabinet of Human Resources or a licensed child placing agency, has the authority to place a child or act as an intermediary in the placement of a child for adoption except in the home of a stepparent or relative or upon written approval of the Secretary of Human Resources.

Relative Adoption

No provisions found.

Advertisements

A person, corporation or association shall not advertise in any manner that it will receive children for the purpose of adoption. A newspaper or other publication published in Kentucky shall not contain any advertisements soliciting children for adoption.

Re-printed with permission from the National Adoption Information Clearinghouse.

We would be happy to meet with you to discuss the cost and legal steps necessary to complete the adoption of a child. Grandparent adoptions and step-parent adoptions are quite common and not terribly complex, particularly if the child or children in question have already been incorporated into the adopter’s household and family structure.

Adoption proceedings are highly confidential and there are a myriad of forms and procedures that must be carefully completed before the adoption can be finalized.

Please call or contact our office to set up an appointment to discuss adoption matters.