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Kentucky Adoption Law and Statute
Kentucky Revised Statutes
KRS Chapter 199.00: Adoption
Sections: 470- 595.5
(This page was last updated on 08/16/13.)
.470 Petition for adoption of child -- Parties -- Residence requirement -- Approval of secretary -- Exceptions.
.471 Denial of adoption on religious, ethnic, or racial grounds.
.472 Adoption of children regulated.
.473 Placement of children by private person -- Home study required -- Temporary custody -- Background check -- Removal.
.475 Petition by army post resident.
.480 Parties defendant in an adoption proceeding -- Process -- Guardian ad litem.
.490 Contents of adoption petition -- Accompanying papers.
.492 Attorney not to represent both biological and adoptive parents -- Penalty.
.493 Prohibition against payment of attorney's fees of biological parent without court approval -- Penalty.
.500 Consent to adoption.
.502 Conditions necessary for adoption without consent of child's biological living parents.
.510 Investigation and report.
.515 Hearing -- Notice.
.520 Judgment -- Prerequisites -- Orders -- Name and legal status of child -- Health history and other nonidentifying information of biological parents
and relatives to be given to adoptive parents.
.525 Dissemination of post-adoption information about medical or genetic condition affecting an adopted person.
.530 Repealed, 1956.
.540 Annulment of adoption -- Period after which adoption not subject to attack.
.550 Disposition of child if adoption not adjudged.
.555 Payment of subsidy to adoptive parents -- Conditions.
.557 Federal Title IV-E adoption assistance.
.560 Appeal.
.565 Statewide swift adoption procedures -- Protocol -- Teams -- Quarterly report.
.570 Adoption records confidential -- Exception -- New birth certificate.
.572 Inspection of adoption records -- Limitations.
.575 Procedure whereby adopted person may seek to locate preadoptive sibling.
.580 Repealed, 1968.
.585 Recognition of foreign adoptions -- Registration in Commonwealth -- When KRS 199.470 petition required.
.590 Prohibited acts and practices in adoption of children -- Expenses paid by prospective adoptive parents to be submitted to court.
Interstate Compacts on Subsidized Adoptions
.595 Legislative finding and purpose.
.5951 Duty of cabinet with respect to interstate compacts.
.5952 Contents of interstate compacts.
.5953 Additional compact provisions.
.5954 State medical assistance for special-needs adoptee.
.5955 Federal medical and adoption assistance.
199.470 Petition for adoption of child -- Parties -- Residence requirement --
Approval of secretary -- Exceptions.
(1) Any person who is eighteen (18) years of age and who is a resident of this state or who has resided in this state for twelve (12) months next before
filing may file a petition for leave to adopt a child in the Circuit Court of the county in which the petitioner resides.
(2) If the petitioner is married, the husband or wife shall join in a petition for leave to adopt a child unless the petitioner is married to a biological
parent of the child to be adopted, except that if the court finds the requirement of a joint petition would serve to deny the child a suitable home, the
requirement may be waived.
(3) If a child is placed for adoption by the cabinet, by an agency licensed by the cabinet, or with written approval by the secretary of the cabinet, the
petition may be filed at the time of placement. In all other adoptions, the petition shall not be filed until the child has resided continuously in the
home of the petitioner for at least ninety (90) days immediately prior to the filing of the adoption petition.
(4) No petition for adoption shall be filed unless prior to the filing of the petition the child sought to be adopted has been placed for adoption by a
child-placing institution or agency, or by the cabinet, or the child has been placed with written approval of the secretary; but no approval shall be necessary
in the case of:
(a) A child sought to be adopted by a stepparent, grandparent, sister, brother, aunt, uncle, great grandparent, great aunt, or great uncle; however, the
court in its discretion may order a report in accordance with KRS 199.510 and a background check as provided in KRS 199.473(8);
(b) A child received by the proposed adopting parent or parents from an agency without this state with the written consent of the secretary; or
(c) A child adopted under the provisions of KRS 199.585(1).
(5) Subsection (4) of this section shall not apply to children placed for adoption prior to
June 14, 1962.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 175, sec. 1, effective June 20, 2005; and ch. 68,
sec. 2, effective June 20, 2005. -- Amended 1994 Ky. Acts ch. 242, sec. 2, effective
July 15, 1994. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21); and ch. 121,
sec. 1. -- Amended 1968 Ky. Acts ch. 100, sec. 3. -- Amended 1964 Ky. Acts
ch. 182, sec. 1(1) to (5). -- Amended 1962 Ky. Acts ch. 211, sec. 3. -- Created 1950
Ky. Acts ch. 125, sec. 10.
Legislative Research Commission Note (6/20/2005). This section was amended by 2005
Ky. Acts chs. 68 and 175, which do not appear to be in conflict and have been codified together.
199.471 Denial of adoption on religious, ethnic, or racial grounds.
Petitions for adoption of children placed for adoption by the cabinet or a licensed childplacing institution or agency shall not be denied on the basis
of the religious, ethnic, racial, or interfaith background of the adoptive applicant, unless contrary to the expressed wishes of the biological parent(s).
History: Created 1972 Ky. Acts ch. 231, sec. 2.
199.472 Adoption of children regulated.
(1) The cabinet shall establish criteria to be followed for the adoption of children and promulgate this criteria by administrative regulations.
(2) The cabinet shall file the regulations as provided for in KRS Chapter 13A with the Legislative Research Commission.
History: Created 1972 Ky. Acts ch. 231, sec. 3.
199.473 Placement of children by private person -- Home study required --
Temporary custody -- Background check -- Removal.
(1) All persons other than a child-placing agency or institution, the department, or persons excepted by KRS 199.470(4) or (5) who wish to place or receive
a child shall make written application to the secretary for permission to place or receive a child.
(2) Prior to the approval of an application to place or receive a child, the fee required pursuant to subsection (13) of this section shall be paid and
a home study shall be completed. The purpose of the home study shall be to review the background of the applicant and determine the suitability of the applicant
to receive a child, taking into account at all times the best interest of the child for whom application to receive has been made.
(3) (a) The home study shall be made in accordance with administrative regulations promulgated by the cabinet in accordance with KRS Chapter 13A.
(b) The cabinet shall conduct the home study for an applicant whose total gross income is equal to or less than two hundred fifty percent (250%) of the
federal poverty level guidelines issued each year by the federal government, unless the applicant submits a written request for the home study to be conducted
by a licensed child-placing agency or institution. Upon request, the cabinet shall make information available to an applicant who does not meet the requirements
of this paragraph to assist the applicant in obtaining a home study from a licensed child-placing agency approved to provide adoption services.
(c) A licensed child-placing agency approved to provide adoption services shall conduct the home study for an applicant whose gross total income is more
than two hundred fifty percent (250%) of the federal poverty level guidelines issued each year by the federal government.
(d) Calculation of family size for this subsection shall include each child
requested to be adopted.
(e) The portion of the home study pertaining to the home and family background shall be valid for one (1) year following the date of its completion
by an adoption worker.
(4) The adoption worker making the home study shall make a finding in writing recommending either that the application be granted or that the application
be denied. The recommendation of the adoption worker shall then be reviewed by the secretary.
(5) Based on the report and recommendation of the adoption worker making the home study, the secretary shall grant or refuse permission for the applicant
to place or receive a child as early as practicable, but, in any case, the decision shall be made within sixty (60) days after the receipt of the application.
In reaching a decision, the secretary shall be guided by the ability of the persons wishing to receive the child to give the child a suitable home, and
shall at all times consider the best interest of the child from a financial, medical, psychological, and psychiatric standpoint.
(6) If the application is refused, the secretary shall in general terms furnish in writing the reasons for his or her refusal.
(7) Any person who seeks temporary custody of a child prior to the secretary's ruling on an application for adoption shall file a petition seeking temporary
custody, with a notice of intent to adopt, with the Circuit Court that will have jurisdiction of the adoption proceedings. The clerk of the court shall
send a notice of the filing of the petition to the cabinet. A hearing on the petition shall occur no later than seventytwo (72) hours after the filing of
the petition, excluding weekends and holidays.
Proceedings under this subsection shall be incorporated into the court's adoption file. If the adoption is not finalized within six (6) months of the filing
of the petition and notice of intent, the court shall conduct a hearing on the status and custody of the child.
(8) Upon a finding by the Circuit Court that the child should be placed prior to the secretary's ruling on the application, the Circuit Court may grant
the applicant temporary custody of the child pending the decision of the secretary. Temporary custody shall not be granted to an applicant unless a background
check, including but not limited to a criminal records check by the Justice Cabinet or the Administrative Office of the Courts and a background check of
child abuse and neglect records maintained by the cabinet, has been submitted to and reviewed by the court. The background check required for temporary
custody shall be part of the home study required under subsection (2) of this section. If the application is denied by the secretary, the temporary custody
order shall be set aside and, upon motion of the cabinet or of the child's parent or parents, the Circuit Court may order the child returned to the biological
parent or parents or the child's custody may be awarded to the cabinet, another licensed child-placing agency, or other individuals deemed appropriate by
the court. This section shall not be deemed to permit the completion of any adoption proceeding without the approval of the secretary and compliance with
KRS 615.030, if required.
(9) In any case where the cabinet refuses to approve the placement of a child for adoption when requested by the parent or parents of the child, or refuses
the request of any person or persons that a child be placed with that person or those persons for adoption, the decision of the secretary in so refusing
shall be final unless within ten (10) days after notice of refusal, the biological or proposed adopting parent or parents shall appeal to the Circuit Court
of the county in which the adoption is proposed. No placement shall be disapproved on the basis of the religious, ethnic, racial, or interfaith background
of the adoptive applicant, if the placement is made with the consent of the parent.
(10) The cabinet may refuse to approve the placement of a child for adoption if the child's custodial parent is unwilling for the child to be placed for
adoption with the proposed adoptive family. The cabinet may approve or deny the placement, in spite of the fact that the custodial parent or parents are
unwilling to be interviewed by the cabinet or other approving entity, or if, after diligent efforts have been made, the adoption worker is unable to locate
or interview the custodial parent or parents. The cabinet shall be made a party defendant to the appeal. In the hearing of an appeal, the court shall review
the findings of the secretary and shall determine if the secretary has acted arbitrarily, unlawfully, or in a manner that constitutes an abuse
of discretion.
(11) If a child who does not fall within the exception provided for in KRS 199.470(4) or (5) is placed or received in a home without the court's review
of the background check required under this section or the permission of the secretary for health and family services, or if permission to receive a child
has been denied, a representative of the cabinet shall notify in writing or may petition the juvenile session of District Court of the county in which the
child is found setting out the facts concerning the child. When the petition has been filed, the court shall take jurisdiction of the child and shall provide
for it as it would provide for a dependent, neglected, or abused child under KRS Chapter 620, except that the child may not be placed in the home of the
applicants who are to receive the child unless permission to do so is granted by the secretary or the action is ordered by a Kentucky court of competent
jurisdiction.
(12) When either the custodial parent or parents of the child to be placed or the persons wishing to receive the child reside out-of-state, the requirement
of KRS 615.030,
Interstate Compact on the Placement of Children, shall be met before the cabinet gives approval for the child's placement.
(13) The secretary of the Cabinet for Health and Family Services shall be paid a nonrefundable fee of two hundred dollars ($200) upon the filing of the
written application for permission to place or receive a child. Payment shall be made by certified or cashier's check only. All funds collected under this
section shall be deposited in a restricted account, which is hereby created, for the purpose of subsidizing an adoptive parent for suitable care of a special-needs
child as authorized in KRS 199.555.
(14) Nothing in this statute shall be construed to limit the authority of the cabinet or a child-placing institution or agency to determine the proper disposition
of a child committed to it by the juvenile session of District Court or the Circuit Court, prior to the filing of an application to place or receive.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 178, effective June 20, 2005; and ch. 175, sec. 2, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426,
sec. 140, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 3, effective July 15, 1994. -- Amended 1990 Ky. Acts ch. 247, sec. 1, effective
July 13, 1990. -- Amended
1986 Ky. Acts ch. 423, sec. 187, effective July 1, 1987. -- Amended 1980 Ky. Acts ch. 188, sec. 154, effective July 15, 1980 -- Amended 1978 Ky. Acts ch.
137, sec. 6, effective June 17, 1978. -- Amended 1976 Ky. Acts ch. 62, sec. 98. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(1), (14) and (21). --
Amended 1972 Ky. Acts
ch. 231, sec. 1. -- Amended 1964 Ky. Acts ch. 182, sec. 1 (6) to (9). -- Created 1962
Ky. Acts ch. 211, sec. 3.
Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 144, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed
the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.
Legislative Research Commission Note (6/20/05). This section was amended by 2005 Ky. Acts chs. 99 and 175, which do not appear to be in conflict and
have been codified together.
199.475 Petition by army post resident.
Any person who has been a resident of any United States Army post, military reservation or fort within the State of Kentucky for sixty (60) days, or a resident
of this state who has resided on such United States Army post, military reservation or fort together aggregating sixty (60) days before filing the petition,
may bring an action for adoption of a child in any county adjacent to said army post or military reservation.
History: Amended 1976 Ky. Acts ch. 352, sec. 1. -- Created 1958 Ky. Acts ch. 76, sec. 1.
199.480 Parties defendant in an adoption proceeding -- Process -- Guardian ad litem.
(1) The following persons shall be made parties defendant in an action for leave to adopt a child:
(a) The child to be adopted;
(b) The biological living parents of a child under eighteen (18), if the child is born in lawful wedlock. If the child is born out of wedlock, its mother;
and its father, if one (1) of the following requirements is met:
1. He is known and voluntarily identified by the mother by affidavit;
2. Prior to the entry of a final order in a termination proceeding, he has acknowledged the child as his own by affirmatively asserting paternity in the
action or to the custodial agency or the party bringing the action within sixty (60) days after the birth of the child;
3. He has caused his name to be affixed to the birth certificate of the child;
4. He has commenced a judicial proceeding claiming parental right;
5. He has contributed financially to the support of the child, either by
paying the medical or hospital bills associated with the birth of the child
or financially contributed to the child's support; or
6. He has married the mother of the child or has lived openly or is living
openly with the child or the person designated on the birth certificate as
the biological mother of the child. A putative father shall not be made a party defendant if none of the requirements set forth above have been met, and
a biological parent shall not be made a party defendant if the parental rights of that parent have been terminated under KRS Chapter 625, or under a comparable
statute of another jurisdiction;
(c) The child's guardian, if it has one.
(d) If the care, custody, and control of the child has been transferred to the cabinet, or any other individual or individuals, institution, or agency,
then the cabinet, the other individual or individuals, institution, or agency shall be named a party defendant, unless the individual or individuals, or
the institution or agency is also the petitioner.
(2) Each party defendant shall be brought before the court in the same manner as provided in other civil cases except that if the child to be adopted is
under fourteen (14) years of age and the cabinet, individual, institution, or agency has custody of the child, the service of process upon the child shall
be had by serving a copy of the summons in the action upon the cabinet, individual, institution or agency, any provision of CR 4.04(3) to the contrary notwithstanding.
(3) If the child's biological living parents, if the child is born in lawful wedlock, or if the child is born out of wedlock, its mother, and if paternity
is established in legal action or if an affidavit is filed stating that the affiant is father of the child, its father, are parties defendant, no guardian
ad litem need be appointed to represent the child to be adopted.
Effective: July 15, 1994
History: Amended 1994 Ky. Acts ch. 242, sec. 4, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 423, sec. 188, effective July 1, 1987. -- Amended
1984 Ky. Acts ch. 16, sec. 3, effective July 13, 1984. -- Amended 1980 Ky. Acts ch. 188, sec. 183, effective July 15, 1980. -- Amended 1974 Ky. Acts ch.
51, sec. 1; and ch. 386, sec. 35. -- Amended 1962 Ky. Acts ch. 210, sec. 27; and ch. 211, sec. 4. -- Created 1950 Ky. Acts ch. 125, sec. 11.
Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 145, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed
the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.
199.490 Contents of adoption petition -- Accompanying papers.
(1) The petition shall allege:
(a) The name, date, place of birth, place of residence, and mailing address of each petitioner, and, if married, the date and place of their marriage;
(b) The name, date, place of birth, place of residence, and mailing address, if known, of the child sought to be adopted;
(c) Relationship, if any, of the child to each petitioner;
(d) Full name by which the child shall be known after adoption;
(e) A full description of the property, if any, of the child so far as it is known to the petitioner;
(f) The names of the parents of the child and the address of each living parent, if known. The name of the biological father of a child born out of wedlock
shall not be given unless paternity is established in a legal action, or unless an affidavit is filed stating that the affiant is the father of the child.
If certified copies of orders terminating parental rights are filed as provided in subsection (2) of this section, the name of any parent whose rights have
been terminated shall not be given;
(g) The name and address of the child's guardian, if any, or of the cabinet, institution, or agency having legal custody of the child;
(h) Any further facts necessary for the location of the person or persons whose consent to the adoption is required, or whom KRS 199.480 requires to be
made a party to or notified of the proceeding; and
(i) If any fact required by this subsection to be alleged is unknown to the petitioners, the lack of knowledge shall be alleged.
(2) There shall be filed with the petition certified copies of any orders terminating parental rights. Any consent to adoption shall be filed prior to the
entry of the adoption judgment.
(3) If the petitioner was not excepted by KRS 199.470(4) or (5), a copy of the written approval of the secretary of the Cabinet for Health and Family Services
or the secretary's designee shall be filed with the petition. Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 179, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 141, effective July 15, 1998. -- Amended 1994 Ky. Acts
ch. 242, sec. 5, effective July 15, 1994. -- Amended 1976 Ky. Acts ch. 243, sec. 1. --
Amended 1974 Ky. Acts ch. 386, sec. 36. -- Created 1950 Ky. Acts ch. 125, sec. 12.
199.492 Attorney not to represent both biological and adoptive parents -- Penalty.
(1) In an adoption proceeding, an attorney shall not represent both the biological parents and the prospective adoptive parents.
(2) Any person who violates subsection (1) of this section shall be guilty of a Class A misdemeanor.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 242, sec. 20, effective July 15, 1994.
199.493 Prohibition against payment of attorney's fees of biological parent without court approval -- Penalty.
(1) No adoptive parent, proposed adoptive parent, agency, or intermediary shall pay the attorney's fees of a biological parent for any purpose related to
an adoption action except as approved by the court.
(2) Any person who violates subsection (1) of this section shall be guilty of a Class A misdemeanor.
Effective: July 15, 1994
History: Created 1994 Ky. Acts ch. 242, sec. 21, effective July 15, 1994.
199.500 Consent to adoption.
(1) An adoption shall not be granted without the voluntary and informed consent, as defined in KRS 199.011, of the living parent or parents of a child born
in lawful wedlock or the mother of the child born out of wedlock, or the father of the child born out of wedlock if paternity is established in a legal
action or if an affidavit is filed stating that the affiant is the father of the child, except that the consent of the living parent or parents shall not
be required if:
(a) The parent or parents have been adjudged mentally disabled and the judgment shall have been in effect for not less than one (1) year prior to the filing
of the petition for adoption;
(b) The parental rights of the parents have been terminated under KRS Chapter 625;
(c) The living parents are divorced and the parental rights of one (1) parent have been terminated under KRS Chapter 625 and consent has been given by the
parent having custody and control of the child; or
(d) The biological parent has not established parental rights as required by KRS 625.065.
(2) A minor parent who is a party defendant may consent to an adoption but a guardian ad litem for the parent shall be appointed.
(3) In the case of a child twelve (12) years of age or older, the consent of the child shall be given in court. The court in its discretion may waive this
requirement.
(4) Notwithstanding the provisions of subsection (1) of this section, an adoption may be granted without the consent of the biological living parents of
a child if it is pleaded and proved as a part of the adoption proceedings that any of the provisions of KRS 625.090 exist with respect to the child.
(5) An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to seventy-two (72) hours after
the birth of the child. A voluntary and informed consent may be taken at seventy-two (72) hours after the birth of the child and shall become final and
irrevocable under paragraphs (a) and (b) of this subsection.
(a) If placement approval by the secretary is required, the voluntary and informed consent shall become final and irrevocable twenty (20) days after the
later of the placement approval or the execution of the voluntary and informed consent.
(b) If placement approval by the secretary is not required, the voluntary and informed consent shall become final and irrevocable twenty (20) days after
the execution of the voluntary and informed consent.
Effective: June 21, 2001
History: Amended 2001 Ky. Acts ch. 69, sec. 2, effective June 21, 2001. -- Amended
1998 Ky. Acts ch. 426, sec. 142, effective July 15, 1998. -- Amended 1994 Ky. Acts
ch. 242, sec. 6, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 423, sec. 189,
effective July 1, 1987. -- Amended 1984 Ky. Acts ch. 16, sec. 4, effective July 13,
1984. -- Amended 1982 Ky. Acts ch. 141, sec. 65, effective July 1, 1982. -- Amended
1980 Ky. Acts ch. 188, sec. 184, effective July 15, 1980; and ch. 396, sec. 20,
effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 137, sec. 7, effective June 17,
1978. -- Amended 1974 Ky. Acts ch. 386, sec. 37. -- Created 1950 Ky. Acts ch. 125,
sec. 13.
Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 146, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed
the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.
199.502 Conditions necessary for adoption without consent of child's biological living parents.
(1) Notwithstanding the provisions of KRS 199.500(1), an adoption may be granted without the consent of the biological living parents of a child if it is
pleaded and proved as part of the adoption proceeding that any of the following conditions exist with respect to the child:
(a) That the parent has abandoned the child for a period of not less than ninety (90) days;
(b) That the parent had inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury;
(c) That the parent has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, physical injury
or emotional harm;
(d) That the parent has been convicted of a felony that involved the infliction of serious physical injury to a child named in the present adoption proceeding;
(e) That the parent, for a period of not less than six (6) months, has continuously or repeatedly failed or refused to provide or has been substantially
incapable of providing essential parental care and protection for the child, and that there is no reasonable expectation of improvement in parental care
and protection, considering the age of the child;
(f) That the parent has caused or allowed the child to be sexually abused or exploited;
(g) That the parent, for reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing essential food,
clothing, shelter, medical care, or education reasonably necessary and available for the child's well-being and that there is no reasonable expectation
of significant improvement in the parent's conduct in the immediately foreseeable future, considering the age of the child;
(h) That:
1. The parent's parental rights to another child have been involuntarily
terminated;
2. The child named in the present adoption proceeding was born subsequent to or during the pendency of the previous termination; and
3. The condition or factor which was the basis for the previous termination finding has not been corrected; or
(i) That the parent has been convicted in a criminal proceeding of having caused or contributed to the death of another child as a result of physical or
sexual abuse or neglect.
(2) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter findings of fact, conclusions of law, and a decision either:
(a) Granting the adoption without the biological parent's consent; or
(b) Dismissing the adoption petition, and stating whether the child shall be returned to the biological parent or the child's custody granted to the state,
another agency, or the petitioner.
Effective: March 17, 1998
History: Amended 1998 Ky. Acts ch. 57, sec. 18, effective March 17, 1998. -- Created 1994 Ky. Acts ch. 242, sec. 10, effective July 15, 1994.
199.510 Investigation and report.
(1) Upon filing a petition for the adoption of a minor child, the clerk of the court shall forward two (2) copies of the petition to the cabinet. The cabinet,
or any person, agency or institution designated by it or the court shall, to the extent of available facilities, investigate and report in writing to the
court:
(a) Whether the contents of the petition required by KRS 199.490 are true;
(b) Whether the proposed adoptive parents are financially able and morally fit to have the care, custody and training of the child; and
(c) Whether the adoption is to the best interest of the child and the child is suitable for adoption.
(2) The report of the cabinet or the designated person, agency or institution shall be filed with the court as soon as practicable but not later than ninety
(90) days from the placement of the child or ninety (90) days after the filing date of the petition, whichever is longer, unless for good cause the court
by written order extends the period of time for filing the report. If the cabinet or the designated person, agency or institution is unable to make the
report, it shall within ten (10) days of receipt of the petition notify the court of its inability to conduct the investigation, and the court may designate
some other person, agency or institution to make the necessary investigation. If the court designates some other person, agency or institution, the clerk
shall forward one (1) copy of the petition to such person, agency or institution and shall notify the cabinet of such other designation at the time he forwards
the petition to the cabinet.
(3) If the cabinet is a party defendant, its reports, if it files no other pleadings, shall be considered its answer to the petition.
(4) The clerk's fee for copying and forwarding the copies of the petitions required by this section shall be taxed as a cost of the action.
Effective: July 15, 1994 History: Amended 1994 Ky. Acts ch. 242, sec. 7, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 121, sec. 2. -- Amended 1956
Ky. Acts ch. 157, sec. 12. -- Created 1950 Ky. Acts ch. 125, sec. 14.
199.515 Hearing -- Notice.
After the report of the guardian ad litem, if any, for the child and the report required by KRS 199.510 have been filed, the court at any time on motion
of its own or that of any interested party may set a time for a hearing on the petition to be conducted in chambers in privacy, except as hereinafter provided.
Notice of the hearing shall be given to all necessary parties at least ten (10) days in advance thereof, unless such parties shall have answered and agreed
to the adoption or have failed to answer and the time for answering has expired, or shall have waived notice of the hearing. All necessary parties may be
present and at least one (1) of the adopting parents and the guardian ad litem, if any, for the child must be present at the hearing. Effective: February
27, 1956 History: Created 1956 Ky. Acts ch. 157, sec. 13, effective February 27, 1956.
199.520 Judgment -- Prerequisites -- Orders -- Name and legal status of child -- Health history and other nonidentifying information of biological parents
and relatives to be given to adoptive parents.
(1) After hearing the case, the court shall enter a judgment of adoption, if it finds that the facts stated in the petition were established; that all legal
requirements, including jurisdiction, relating to the adoption have been complied with; that the petitioners are of good moral character, of reputable standing
in the community and of ability to properly maintain and educate the child; and that the best interest of the child will be promoted by the adoption and
that the child is suitable for adoption. In the judgment, the name of the child shall be changed to conform with the prayer of the petition. The judgment
and all orders required to be entered and recorded in the order book, including the caption, shall contain only the names of the petitioners and the proposed
adopted name of the child, without any reference to its former name or the names of its birth parents.
(2) Upon entry of the judgment of adoption, from and after the date of the filing of the petition, the child shall be deemed the child of petitioners
and shall be considered for purposes of inheritance and succession and for all other legal considerations, the natural child of the parents adopting it
the same as if born of their bodies. Upon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated
except the relationship of a biological parent who is the spouse of an adoptive parent.
(3) The clerk of the court shall notify the cabinet of any action of the court with respect to entering a judgment granting an adoption, the amendment of
an adoption, or the denial or dismissal of a petition for adoption.
(4) (a) The health history and other nonidentifying background information of biological parents and blood relatives of the adopted person, in writing,
on a standardized form, provided by the cabinet, if known, shall be given by the cabinet or child-placing agency which has the information to the adoptive
parents and to the Circuit Court not later than the date of finalization of the adoption proceedings. This information shall include the results of any
tests for HIV or hepatitis A, B, and C; and (b) The information provided for in paragraph (a) of this subsection, if known, shall, upon the request in person
or in writing of the adult adopted person be made available in writing to that person. The information shall not be made available if it is of a nature
that would tend to identify the biological parents of the adopted person except as provided in KRS 199.570 and 199.572.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 166, sec. 2, effective June 24, 2003. -- Amended 2000 Ky. Acts ch. 432, sec. 1, effective July 14, 2000. -- Amended 1994
Ky. Acts ch. 242, sec. 8, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 43, sec. 2, effective July 15, 1986. -- Amended 1984 Ky. Acts ch. 16, sec.
5, effective July 13, 1984. -- Amended 1974 Ky. Acts ch. 121, sec. 3. -- Amended 1956 Ky. Acts ch. 157, sec. 14, effective February 27, 1956. -- Created
1950 Ky. Acts ch. 125, sec. 15.
199.525 Dissemination of post-adoption information about medical or genetic condition affecting an adopted person.
(1) If the cabinet receives written information from the biological parent or adult biological sibling of an adopted person or a provider of medical services
concerning a physician-verified medical or genetic condition which has affected or may affect the physical or mental health of genetically-related persons,
the cabinet shall make a diligent effort to notify the adoptive parent if the adopted person is a minor, the adult adopted person, or the adult adoptable
person in order to transmit the health information. For the purposes of this section, "adoptable person" means a person for whom the court has
terminated the parental rights of both biological parents but who has not been adopted.
(2) The cabinet shall submit the health information to the clerk of the Circuit Court which issued the adoption order, and the clerk shall place the health
information in the adoption case file.
(3) If a child-placing agency or the court receives health information, it shall notify and transmit the information to the cabinet.
Effective: July 15, 1996 History: Created 1996 Ky. Acts ch. 325, sec. 2, effective July 15, 1996. 199.530 Repealed, 1956. Catchline at repeal: Judgment
of adoption --Name and legal status of adopted child -- Inheritance rights. History: Repealed 1956 Ky. Acts ch. 157, sec. 15. -- Created 1950 Ky. Acts ch.
125,
sec. 16.
199.540 Annulment of adoption -- Period after which adoption not subject to attack.
(1) If a child adopted under KRS 199.470 to 199.520 reveals definite traits of ethnological ancestry different from those of the adoptive parents, and of
which the adoptive parents had no knowledge or information prior to the adoption, a petition setting forth the facts may be filed by the original petitioner
or the cabinet at any time within five (5) years after the adoption with the court which decreed the adoption. If upon hearing the facts set forth in the
petition they are established, the
court may enter a decree of annulment of the adoption and setting aside any or all rights or obligations which may have accrued by reason of the adoption.
(2) After the expiration of one (1) year from the date of the entry of judgment of adoption, the validity thereof shall not be subject to attack in any
action, collateral or direct, by reason of any irregularity or failure to comply with KRS 199.470 to 199.520, either procedurally or substantively. Effective:
July 15, 1994
History: Amended 1994 Ky. Acts ch. 242, sec. 9, effective July 15, 1994. -- Amended 1970 Ky. Acts ch. 92, sec. 66. -- Created 1950 Ky. Acts ch. 125, sec.
17.
199.550 Disposition of child if adoption not adjudged.
If for any reason whatsoever a petition for adoption of a minor child be dismissed or the judgment of adoption annulled, the following disposition shall
be made of the child:
(1) If the child is, or was, prior to the filing of the petition, in the care, custody, and control of the cabinet, individual, institution, or agency,
then the child shall be returned to the custody of the cabinet or such individual, institution, or agency;
(2) Otherwise the court shall certify the case to the juvenile session of the District Court of the county where the adoption proceeding is pending for
appropriate action and disposition. Said District Court shall advise the cabinet of the pendency of such action.
Effective: January 2, 1978 History: Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 14, sec. 177, effective January 2, 1978. -- Created 1950 Ky. Acts ch. 125,
sec. 18.
199.555 Payment of subsidy to adoptive parents -- Conditions.
(1) A "special-needs child" means:
(a) A child which the state has determined cannot or should not be returned to the home of the child's parents; and
(b) A child which the state has first determined:
1. That there exists a specific factor or condition the existence of which
leads to the reasonable conclusion that the child cannot be placed with
adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX; and
2. That except where it would be against the best interests of the child because of such factors as the existence of significant emotional ties with prospective
adoptive parents while in the care of these parents as a foster child, a reasonable, but unsuccessful, effort has been made to place the child with appropriate
adoptive parents without providing adoption assistance under this section or medical assistance under Title XIX.
(2) "State-funded adoption assistance" means payment of monthly maintenance to assist in meeting the special needs of a child which was placed
by the Cabinet for Health and Family Services. The state-funded adoption assistance shall also include payment of nonrecurring adoption expenses, and may
include reimbursement of extraordinary medical expenses.
(3) "Nonrecurring adoption expenses" means those expenses which are incurred in the legal adoption of a special-needs child for which parents
are ultimately responsible which include reasonable and necessary adoption fees, court costs, attorney fees, and other expenses which are directly related
to the special-needs adoption and which are not incurred in violation of state or federal law.
(4) "Extraordinary medical expenses" means those expenses which are related to the child's special needs which existed prior to the adoption and
are not reimbursed by private insurance, Medicaid, or other third-party payors or government programs.
(5) If the secretary of the Cabinet for Health and Family Services or his designated representative finds that a child may benefit from being adopted and
that the payment of a subsidy to adoptive parents after the adoption will increase the likelihood of adoption, funds may be paid to the adoptive parents
after completion of the adoption of the child if the following conditions exist:
(a) The child was considered a special-needs child prior to the adoption;
(b) The child is committed to the Cabinet for Health and Family Services and the cabinet has authority to consent to the child's adoption; and
(c) The adoptive parents can give suitable care to the child if a subsidy is paid.
(6) Agreements for the payments of funds under this section shall be made prior to the adoption of the child. However, if the secretary for health and family
services or his designated representative finds that the adoption is likely to disrupt, extraordinary medical expenses may be reimbursed contingent upon
availability of resources, if the following conditions exist:
(a) The child was placed for adoption by the Cabinet for Health and Family Services;
(b) The child was considered a special-needs child prior to the adoption;
(c) The parents have made a reasonable effort under the circumstances to meet the needs of the child without reimbursement for extraordinary medical expenses.
This subsection shall apply to any child meeting the conditions of this subsection who at the time of application for the post-adoption extraordinary medical
expenses is under the age of eighteen (18). This subsection shall have retroactive as well as prospective effect.
(7) The payments shall be out of funds appropriated to the cabinet and those funds collected pursuant to KRS 199.473(13), which shall be deposited in a
restricted account for the purpose of subsidizing special-needs adoptions, and shall be in accordance with regulations promulgated by the secretary. The
payments shall not exceed the amount which would be paid for foster care for the child. Monthly maintenance payments shall not exceed the amount which would
be paid for foster care for the child and may include reimbursement for extraordinary medical expenses. Payment of nonrecurring adoption expenses shall
only be reimbursed up to the limit established by the secretary for health and family services in accord with 42 U.S.C. sec. 673. However, payments under
agreements enteredinto under subsection (6) of this section shall be limited to reimbursement of authorized extraordinary medical expenses related to problems
or conditions that existed prior to the adoption.
(8) State-funded adoption assistance payments shall not be made to parents if:
(a) The child has attained the age of eighteen (18), except that if the child is enrolled in a state or federal educational program, the payments may continue
through age twenty-one (21);
(b) The cabinet determines the parents are no longer legally responsible for the support of the child; or
(c) The cabinet determines that the child is no longer receiving any support from the parents.
(9) Parents who have been receiving adoption assistance payments under this section shall keep the cabinet informed of circumstances which would, pursuant
to subsection (8) of this section, make them ineligible for assistance, or eligible for assistance in a different amount.
(10) The cabinet shall establish criteria to be followed for the adoption of children under provisions of this section and shall promulgate the criteria
by administrative regulations.
Effective: June 20, 2005 History: Amended 2005 Ky. Acts ch. 99, sec. 180, effective June 20, 2005; and ch. 175, sec. 3, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 143, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 247, sec. 2, effective July 13,
1990. -- Amended 1986 Ky. Acts ch. 467, sec. 1, effective July 15, 1986. -- Amended 1974 Ky. Acts ch. 179, sec. 1. -- Created 1972 Ky. Acts ch. 346, sec.
1. Legislative Research Commission Note (6/20/2005). This section was amended by 2005 Ky. Acts chs. 175 and 99, which do not appear to be in conflict and
have been
codified together.
199.557 Federal Title IV-E adoption assistance.
(1) For the purpose of this section, unless the context requires otherwise, "Federal Title IV-E adoption assistance" means the payment of monthly
maintenance to assist in meeting the special needs of the child and of nonrecurring adoption expenses which include reasonable and necessary adoption fees,
court costs, attorney fees, and other expenses which are directly related to legal adoption of a special-needs child and which are not incurred in violation
of state or federal law.
(2) If the secretary of the Cabinet for Health and Family Services or his designated representative finds that payment of a subsidy to adoptive parents
after the adoption will increase the likelihood of the adoption, funds may be paid to the adoptive parents after conclusion of the adoption if the child
meets the eligibility criteria established at 42 U.S.C. sec. 673.
(3) Agreements for Federal Title IV-E adoption assistance under this section shall be made prior to the adoption of the child.
(4) Payment shall be out of funds appropriated to the cabinet and Federal Title IV-E funds of the Social Security Act as amended (42 U.S.C. secs. 673 et
seq.). All payments shall be in accordance with administrative regulations promulgated by the Cabinet for Health and Family Services. Payments shall not
exceed the amount which would be paid for foster care for the child. Nonrecurring adoption expenses shall only be reimbursed up to the limit established
by the secretary of the Cabinet for Health and Family Services or his designated representative in accordance with 42 U.S.C. secs. 673 et seq.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 181, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 144, effective July 15, 1998. -- Created
1990 Ky. Acts ch. 247, sec. 4, effective July 13, 1990.
199.560 Appeal.
Any party to any adoption proceeding shall have the same right of appeal to the Court of Appeals of Kentucky as in other equity actions.
History: Created 1950 Ky. Acts ch. 125, sec. 19.
199.565 Statewide swift adoption procedures -- Protocol -- Teams -- Quarterly report.
(1) The Department for Community Based Services shall develop a written protocol for statewide swift adoption procedures to decrease the length of time
necessary to complete the adoption process for children who are committed to the cabinet. The protocol shall establish outcome measures for the adoption
process, and identify all state, local, and federal agencies, and other entities required to provide services in the adoption process.
(2) The department shall develop swift adoption teams to expedite the adoption process for children who are committed to the cabinet. Swift adoption teams
shall include department personnel representing the state, district, and local levels. The swift adoption teams shall operate under the protocol developed
pursuant to subsection (1) of this section. Case referrals to swift adoption teams shall be accepted from social services offices from across the state.
(3) The department shall issue a quarterly report which shall provide the status of the teams' goals and objectives and identify all adoption proceedings
in which the teams have participated during the three (3) month period examined in the quarterly report. The report shall include:
(a) The number and location of all committed children placed for adoption;
(b) All options made available to those populations;
(c) The experience and activity for each case;
(d) The successful adoptions and locations;
(e) The status of all cases in which the teams have participated;
(f) The identity of all agencies involved in the adoption process;
(g) An evaluation of the team efforts for the quarter; and
(h) A report of initiatives for the swift adoption process for the upcoming quarter.
(4) The quarterly report shall also include recommendations for changes in statutes, administrative regulations, and policies that would enable the department
to further improve the timeliness of adoption placements. The report shall be provided to the Governor, the Legislative Research Commission, and the Chief
Justice of the Kentucky Supreme Court. Effective: July 14, 2000
History: Amended 2000 Ky. Acts ch. 14, sec. 19, effective July 14, 2000. -- Created 1996 Ky. Acts ch. 325, sec. 3, effective July 15, 1996.
199.570 Adoption records confidential -- Exception -- New birth certificate.
(1) (a) The files and records of the court during adoption proceedings shall not be open to inspection by persons other than parties to the proceedings,
their attorneys, and representatives of the cabinet except under order of the court expressly permitting inspection.
(b) Upon the entry of the final order in the case, the clerk shall place all papers and records in the case in a suitable envelope which shall be sealed
and shall not be open for inspection by any person except on written order of the court, except that upon the written consent of the biological parents
and upon written order of the Circuit Court all papers and records including all files and records of the Circuit Court during proceedings for termination
of parental rights provided in KRS 625.108 shall be open for inspection to any adult adopted person who applies in person or in writing to the Circuit Court
as provided in KRS 199.572. Health information received pursuant to KRS 199.525 shall be added to the adoption case file. The clerk of the Circuit Court
shall set up a separate docket and order book for adoption cases and these files and records shall be kept locked.
(c) No person having charge of any adoption records shall disclose the names of any parties appearing in such records or furnish any copy of any such records
to any person or other entity that does not meet the requirements of KRS 199.572, except upon order of the court which entered the judgment of adoption.
(2) After entry of the adoption judgment, the clerk of the Circuit Court shall promptly report to the Cabinet for Health and Family Services of Kentucky
full information as called for on forms furnished by the Cabinet for Health and Family Services, necessary to make a new birth certificate conforming to
the standard birth certificate form. Upon receipt of this information, the Cabinet for Health and Family Services shall cause to be made a new record of
the birth and it shall be filed with the original certificate, and the original certificate shall be stamped with the words, "CONFIDENTIAL -- subject
to copy and/or inspection only on written order of the court."
(3) The new certificate shall set forth the new name, if any, of the adopted child, the names of the adoptive parents, and such other information deemed
necessary in accordance with rules and regulations promulgated by the Cabinet for Health and Family Services in issuing of birth certificates. If the adopted
child is under eighteen (18) years of age, the birth certificate shall not contain any information revealing the child is adopted and shall show the adoptive
parent or parents as the biological parent or parents of the child. If requested by the adoptive parents, the new birth certificate when issued shall contain
the location of birth, hospital, and name of doctor or midwife. This information should be given only by an order of the court in which the child was adopted.
The new birth certificate shall recite the residence of the adoptive parents as the birthplace of the child and this shall be deemed for all legal purposes
to be the birthplace of the child. If no birth certificate is on file for a child born in Kentucky, the Cabinet for Health and Family Services shall prepare
a certificate of birth in accordance with the information furnished the cabinet by the clerk of the Circuit Court which issued the adoption order. The Cabinet
for Health and Family Services shall furnish to the clerks of the Circuit Courts the necessary forms to carry out the provisions of this section. If the
child was born in another state, the order of adoption shall be forwarded to the division of vital statistics of the state concerned to be changed in accordance
with the laws of such state. If the child was born in a foreign country, the report of adoption shall be returned to the attorney or agency handling the
adoption for submission to the appropriate federal agency.
(4) Thereafter when any copy of the certificate of birth of any child is issued it shall be a copy of the new certificate of birth, except when an order
of the court granting the judgment of adoption shall request the issuance of the copy of the original certificate of the child's birth.
(5) If any judgment of adoption is reversed, modified, or vacated in any particular, the clerk of the Circuit Court shall notify the Cabinet for Health
and Family Services of the reversal or modification and the effect of same, and the cabinet shall make any necessary changes in its records.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, secs. 148 and 182, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 186, sec. 8, effective July 13, 2004. --
Amended 1998 Ky. Acts ch. 426, sec. 145, effective July 15, 1998. -- Amended 1996 Ky. Acts ch. 325, sec. 1, effective July 15, 1996. -- Amended 1994 Ky.
Acts ch. 242, sec. 11, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 43, sec. 3, effective July 15, 1986. -- Amended 1976 Ky. Acts ch. 122, sec.
1. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(4). -- Amended 1970 Ky. Acts ch. 232, sec. 1. -- Amended 1968 Ky. Acts ch. 69, sec. 1. -- Amended
1956 Ky. Acts ch. 157, sec. 16. -- Created 1950
Ky. Acts ch. 125, sec. 20. Legislative Research Commission Note (6/20/2005). This section was amended by 2005 Ky. Acts ch. 99, secs. 148 and 182, which
are identical and have been codified together. Legislative Research Commission Note (10/3/90). Pursuant to KRS 7.136(1), KRS 625.108 has been substituted
for the prior reference to KRS 625.100(4) in subsection (1) of this statute. KRS 625.100(4) was deleted by 1988 Ky. Acts ch. 350, sec. 76, and the substance
of its provisions reenacted in 1988 Ky. Acts ch. 350, sec. 78 which was codified at KRS 625.108.
199.572 Inspection of adoption records -- Limitations.
(1) At the time the biological parents give up the child for adoption, they shall be asked by the cabinet whether they consent to the inspection of the
adoption records, to personal contact by the child, or to both when he becomes an adult. If consent is then given, it can later be revoked. If consent is
withheld at that time, the biological parents may give consent at any later time. The initial written statement of consent or refusal of consent to inspection
of records and personal contact shall be filed with the Circuit Court not later than the date of finalization of the adoption proceedings. When a written
consent is on file, the records shall be available to the adult adopted person, upon his request therefor in writing.
(2) When any adult adopted person applies in person or in writing to the Circuit Court for authorization to inspect all papers and records pertaining to
the adoption proceedings of that adult adopted person as provided in KRS 199.570(1), and the biological parents have previously refused consent to inspection
of records and to personal contact, the court may, if satisfied as to the identity of the adult adopted
person, authorize the adult adopted person to inspect the papers and records if written consent is obtained from the biological parents identified on the
adult adopted person's original birth certificate.
(3) The Circuit Court shall, within seven (7) working days of the receipt of the request, direct the secretary of the cabinet to notify each biological
parent identified on the adult adopted person's original birth certificate that the person has applied to the court for information identifying the biological
parent. Within six (6) months of receiving the notice of the request of the adult adopted person, the secretary of the cabinet shall make complete and reasonable
efforts to notify each biological parent identified on the adult adopted person's original birth certificate. The secretary may charge a reasonable fee
not to exceed two hundred fifty dollars ($250) to the adult adopted person for making this search. Every child-caring facility and child-placing agency
in the Commonwealth shall cooperate with the secretary in his efforts to
notify these biological parents.
(4) If the cabinet utilizes the services of another person or entity to perform a search under subsection (3) of this section, the cabinet shall enter
into a formal contract with that person or entity. A person or entity contracted to perform a search shall be licensed under the provisions of KRS Chapter
329A.
(5) The notification of the biological parents shall not be by mail and shall be by personal and confidential contact by the cabinet. The notification shall
be done without disclosing the identity of the adult adopted person. The personal and confidential contact with the biological parents shall be evidenced
by filing with the Circuit Court an affidavit of notification executed by the person who notified each parent and certifying each parent was given the following
information:
(a) The nature of the information requested by the adult adopted person;
(b) The date of the request of the adult adopted person;
(c) The right of the biological parent to file, within sixty (60) days of receipt of the notice, an affidavit with the Circuit Court stating that the adult
adopted person shall be authorized to inspect all papers and records pertaining to his adoption proceedings;
(d) The right of the biological parent to file at any time an affidavit authorizing the adult adopted person to inspect all papers and records pertaining
to his adoption proceedings; and
(e) The right of a biological parent to file an affidavit with the Circuit Court stating that all papers and records pertaining to the adoption proceedings
of the adult adopted person shall not be open for inspection by the adult adopted person.
(6) The adult adopted person shall not be authorized to inspect the papers and records pertaining to his or her adoption proceedings unless those biological
parents identified on the original birth certificate agree in writing to that inspection.
(7) If after diligent and reasonable effort, the secretary of the cabinet certifies that both biological parents identified in the original birth certificate
are deceased or the secretary is unable to locate said parents, then a judge of the Circuit Court, upon motion of the adult adopted person, may order that
all papers and records of the Cabinet for Health and Family Services and those of the Circuit Court pertaining to the adoption shall be open for inspection
to the adult adopted person. In any case, the court shall order that only identifying information about the biological parents be shared with the adult
adopted person.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 183, effective June 20, 2005. -- Amended 2004 Ky. Acts ch. 186, sec. 9, effective July 13, 2004. -- Amended
1998 Ky. Acts ch. 426, sec. 146, effective July 15, 1998. -- Created 1986 Ky. Acts ch. 43, sec. 4, effective July 15, 1986.
199.575 Procedure whereby adopted person may seek to locate preadoptive sibling.
In situations where a preadoptive brother or sister relationship existed, and one (1) or more of these siblings was then adopted, the following procedures
shall be followed on an inquiry by one (1) or more of the siblings to the Cabinet for Health and Family Services seeking information about his brother or
sister:
(1) In all cases, an adopted person eighteen (18) years of age or older or a pre-adoptive sibling eighteen (18) years of age or older of an adopted person
may file information concerning himself, his present location, and his known antecedents with the Cabinet for Health and Family Services, stating his interest
in being reunited with his pre-adoptive siblings and authorizing the cabinet to release such information to his pre-adoptive siblings who may make similar
inquiry.
(2) In any case in which a person eighteen (18) years of age or older requests information about or expresses a desire in being reunited with a pre-adoptive
sibling, the cabinet shall first determine whether such sibling has made similar inquiry pursuant to subsection (1) of this section. If the sibling has
previously authorized release of information about himself, the cabinet shall release the information to the sibling making inquiry.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 184, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 147, effective July 15, 1998. -- Created
1982 Ky. Acts ch. 365, sec. 1, effective July 15, 1982.
199.585 Recognition of foreign adoptions -- Registration in Commonwealth --
When KRS 199.470 petition required.
(1) The Commonwealth of Kentucky shall recognize a decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate
jurisdiction in a foreign country when the child to be adopted has been approved for United States citizenship, or as otherwise provided by federal law.
(2) Upon presentation of an original decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction
in a foreign country, the secretary or his or her designee shall issue, within thirty (30) days, a certified notice that the foreign adoption is registered
in the Commonwealth of Kentucky. The secretary or his or her designee may require a translated copy if the original decree, judgment, or final order is
not in English. The cabinet shall maintain all records and notices of foreign adoptions in a manner similar to other adoption records.
(3) A petition for adoption under KRS 199.470 shall be required for a child born outside the United States without a decree, judgment, or final order of
adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country, or for any child born outside of the United
States who does not qualify for United States citizenship upon entry into the United States.
Effective: June 20, 2005
History: Created 2005 Ky. Acts ch. 68, ch. 1, effective June 20, 2005; and ch. 175, sec. 4, effective June 20, 2005.
Legislative Research Commission Note (5/20/2005).
This new section of the Kentucky Revised Statutes was enacted by both 2005 Ky. Acts chs. 68 and 175199.590 Prohibited acts and practices in adoption
of children -- Expenses paid by prospective adoptive parents to be submitted to court.
(1) A person, corporation, or association shall not advertise in any manner that it will receive children for the purpose of adoption. A newspaper published
in the Commonwealth of Kentucky or any other publication which is prepared, sold, or distributed in the Commonwealth of Kentucky shall not contain an advertisement
which solicits children for adoption or solicits the custody of children.
(2) A person, agency, institution, or intermediary shall not sell or purchase or procure for sale or purchase any child for the purpose of adoption or any
other purpose, including termination of parental rights. This section shall not prohibit a childplacing agency from charging a fee for adoption services.
This section shall not be construed to prohibit in vitro fertilization. For purposes of this section, "in vitro fertilization" means the process
by which an egg is removed from a woman, and fertilized in a receptacle by the sperm of the husband of the woman in whose womb the fertilized egg will thereafter
be implanted.
(3) No person, association, or organization, other than the cabinet or a child-placing institution or agency shall place a child or act as intermediary
in the placement of a child for adoption or otherwise, except in the home of a stepparent, grandparent, sister, brother, aunt, or uncle, or upon written
approval of the secretary. This subsection shall not be construed to limit the Cabinet for Health and Family Services in carrying out its public assistance
under Title IV-A of the Federal Social Security Act program in accordance with KRS Chapter 205. This section shall not be construed to prohibit private
independent adoption or the right to seek legal services relating to a private independent adoption.
(4) A person, agency, institution, or intermediary shall not be a party to a contract or agreement which would compensate a woman for her artificial insemination
and subsequent termination of parental rights to a child born as a result of that artificial insemination. A person, agency, institution, or intermediary
shall not receive compensation for the facilitation of contracts or agreements as proscribed by this subsection. Contracts or agreements entered into in
violation of this subsection shall
be void.
(5) A person, organization, group, agency, or any legal entity, except a child-placing agency, shall not accept any fee for bringing the adoptive parents
together with the child to be adopted or the biological parents of the child to be adopted. This section shall not interfere with the legitimate practice
of law by an attorney.
(6) (a) In every adoption proceeding, the expenses paid, including but not limited to any fees for legal services, placement services, and expenses of the
biological parent or parents, by the prospective adoptive parents for any purpose related to the adoption shall be submitted to the court, supported by
an affidavit, setting forth in detail a listing of expenses for the court's approval or modification.
(b) In the event the court modifies the expense request as it relates to legal fees and legal expenses only, the attorney for the adoptive parents shall
not have any claim against the adoptive parents for the amount not approved.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 185, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 148, effective July 15, 1998. -- Amended
1994 Ky. Acts ch. 242, sec. 12, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 52, sec. 1, effective July 15, 1988. -- Amended 1984 Ky. Acts ch.
119, sec. 1, effective July 13,
1984. -- Created 1950 Ky. Acts ch. 125, sec. 22.
Interstate Compacts on Subsidized Adoptions
199.595 Legislative finding and purpose.
(1) The General Assembly finds that:
(a) Finding adoptive families for children, for whom state assistance is desirable pursuant to KRS 199.555, and assuring the protection of the interests
of the children affected during the entire assistance period, require special measures when the adoptive parents move to other states or are residents of
another state; and
(b) Provision of medical and other necessary services for children, with state assistance, encounters special difficulties when the provision of services
takes place in other states.
(2) The purposes of KRS 199.5951 to 199.5955 are to:
(a) Authorize the Cabinet for Health and Family Services to enter into interstate agreements with agencies of other states for protection of children on
behalf of whom adoption assistance is being provided by the Cabinet for Health and Family Services; and
(b) Provide procedures for interstate children's adoption assistance payments, including medical payments.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 186, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 149, effective July 15, 1998. -- Created
1986 Ky. Acts ch. 80, sec. 1, effective July 15, 1986.
199.5951 Duty of cabinet with respect to interstate compacts.
(1) The Cabinet for Health and Family Services is authorized to develop, participate in the development of, negotiate and enter into one (1) or more interstate
compacts on behalf of this state with other states to implement one (1) or more of the purposes set forth in KRS 199.595 to 199.5955. When so entered into,
and for so long as it shall remain in force, such a compact shall have the force and effect of law.
(2) For the purposes of KRS 199.595 to 199.5955, the term "state" shall mean a state of the United States, the District of Columbia, the Commonwealth
of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, or a territory or possession of or administered by the United
States.
(3) For the purposes of KRS 199.595 to 199.5955, the term "adoption assistance state" means the state that is signatory to an adoption assistance
agreement in a particular case.
(4) For the purposes of KRS 199.595 to 199.5955, the term "residence state" means the state of which the child is a resident by virtue of the
residence of the adoptive parents.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 187, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 150, effective July 15, 1998. -- Created
1986 Ky. Acts ch. 80, sec. 2, effective July 15, 1986.
199.5952 Contents of interstate compacts.
A compact entered into pursuant to the authority conferred by KRS 199.595 to 199.5955 shall have the following content:
(1) A provision making it available for joinder by all states;
(2) A provision or provisions for withdrawal from the compact upon written notice to the parties, but with a period of one (1) year between the date of
the notice and the effective date of the withdrawal;
(3) A requirement that the protections afforded by or pursuant to the compact continue in force for the duration of the adoption assistance and be applicable
to all children and their adoptive parents who on the effective date of the withdrawal are receiving adoption assistance from a party state other than the
one in which they are resident and have their principal place of abode;
(4) A requirement that each instance of adoption assistance to which the compact applies be covered by an adoption assistance agreement in writing between
the adoptive parents and the state child welfare agency of the state which undertakes to provide the adoption assistance, and further, that any such agreement
be expressly for the benefit of the adopted child and enforceable by the adoptive parents, and the state agency providing the adoption assistance; and
(5) Such other provisions as may be appropriate to implement the proper administration of the compact.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 80, sec. 3, effective July 15, 1986.
199.5953 Additional compact provisions.
A compact entered into pursuant to the authority conferred by KRS 199.595 to 199.5955 may contain provisions in addition to those required pursuant to KRS
199.5952, as follows:
(1) Provisions establishing procedures and entitlements to medical, developmental, child care or other social services for the child in accordance with
applicable laws, even though the child and the adoptive parents are in a state other than the one responsible for or providing the services or the funds
to defray part or all of the costs thereof; and
(2) Such other provisions as may be appropriate or incidental to the proper administration of the compact.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 80, sec. 4, effective July 15, 1986.
199.5954 State medical assistance for special-needs adoptee.
(1) A child with special needs residing in this state, who is the subject of an adoption assistance agreement with another state, shall be entitled to receive
medical assistance from this state upon the filing in the Department for Community Based Services, Cabinet for Health and Family Services, a certified copy
of the adoption assistance agreement obtained from the adoption assistance state. In accordance with regulations of the Department for Medicaid Services,
Cabinet for Health and Family Services, the adoptive parents shall be required at least annually to show that the agreement is still in force or has been
renewed.
(2) The Department for Medicaid Services, Cabinet for Health and Family Services shall consider recipients of medical assistance pursuant to this section
as any other recipient of medical assistance under the laws of this state and shall process and make payment on claims on account of the recipient in the
same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.
(3) The Department for Medicaid Services, Cabinet for Health and Family Services shall provide coverage and benefits for a child who is in another state
and who is covered by an adoption assistance agreement made by the Department for Community Based Services, Cabinet for Health and Family Services, for
the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment
for services or benefit amounts not payable in the residence state and shall be reimbursed therefor. However, there shall be no reimbursement for services
or benefit amounts covered under any insurance or other third-party medical contract or arrangement held by the child or the adoptive parents. The Cabinet
for Health and Family Services shall make regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this
subsection shall be for services to the cost of which there is no federal contribution, or which, if federally aided, are not provided by the residence
state. Among other things, the regulations shall include procedures to be followed in obtaining prior approvals for services in those instances where required
for the assistance.
(4) The submission of any claim for payment or reimbursement for services or benefits pursuant to this section or the making of any statement in connection
therewith, which claim or statement the maker knows or should know to be false, misleading, or fraudulent shall be punishable as perjury and shall also
be subject to a fine not to exceed ten thousand dollars ($10,000) or imprisonment for not more than two (2) years, or both such fine and imprisonment.
(5) The provisions of this section shall apply only to medical assistance for children under adoption assistance agreements from states that have entered
into a compact with this state under which the other state provides medical assistance agreements made by this state. All other children entitled to medical
assistance pursuant to adoption assistance agreements entered into by this state shall be eligible to receive it in accordance with the laws and procedures
applicable thereto.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 188, effective June 20, 2005. -- Amended 2000 Ky. Acts ch. 14, sec. 20, effective July 14, 2000. -- Amended
1998 Ky. Acts ch. 426, sec. 151, effective July 15, 1998. -- Amended 1990 Ky. Acts ch. 247, sec. 3, effective July 13, 1990. -- Created 1986 Ky. Acts ch.
80, sec. 5, effective July 15, 1986.
199.5955 Federal medical and adoption assistance.
Consistent with federal law, the Cabinet for Health and Family Services, in connection with the administration of KRS 199.595 to 199.5955 and any compact
pursuant hereto shall include in any state plan made pursuant to the Adoption Assistance and Child Welfare Act of 1980 (Pub. L. 96-272), Titles IV (e) and
XIX of the Social Security Act, and any other applicable federal laws, the provision of adoption assistance and medical assistance for which the federal
government pays some or all of the cost. The Cabinet for Health and Family Services shall apply for and administer all relevant federal aid in accordance
with law.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 189, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 152, effective July 15, 1998. -- Created
1986 Ky. Acts ch. 80, sec. 6, effective July 15, 1986.
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