KENTUCKY

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

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

Who Can Be Adopted?

 Any child can be adopted.

Consent to Adoption

 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 beendetermined by a court (e.g. through the financial support of the child, jointliving arrangements, name on the birth certificate), or an affidavit ofpaternity 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 thisrequirement.

 The following persons need not consent:

 (1) parents that are ruled by the court to be mentally disabled, and thisruling was made at least 1 year ago;

 (2) parents whose rights have been legally terminated;

 (3) parents who are divorced, where one parent's rights have been terminatedand the parent with custody consents to the adoption; or

 (4) a parent who has abandoned the child for at least 90 days, or has allowedthe child to be abused, or has generally failed to provide care or protectionfor at least 6 months.

 Consent to adoption cannot be given prior to 5 days after the birth of thechild. There are no provisions in the law regarding withdrawal of consent.

Confidentiality

 The files and records in an adoption proceeding are sealed and cannot beopened except under a court order. Nonidentifying health information is givento the adoptive parents. If the adoptee is under 18 years of age, a new birthcertificate is issued and does not reveal any identifying information about thebiological parents or the fact that the child is adopted.

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

 If the adult adoptee requests to see identifying information and thebiological parent did not consent, the court may seek consent from thebiological parent. The biological parent has 60 days to respond. If the courtcannot locate the parent, after making reasonable and diligent efforts, thenthe 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 parentsmay 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 parentlives.

Authority To Place Child

 No person or organization, other than the Cabinet of Human Resources or alicensed child-placingagency, has the authority to place a child or act as an intermediary in theplacement of a child for adoption except in the home of a stepparent orrelative 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 itwill receive children for the purpose of adoption. A newspaper or otherpublication published in Kentucky shall not contain any advertisementssoliciting children for adoption.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Kentucky Bar Association
514 West Main Street
Frankfort, KY 40601
(502) 564-3795

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