Before starting to search for a child to adopt or an agency to assist you, it is important that you understand how the adoption
laws in Kentucky may affect your decisions. Making informed decisions is the best way of increasing your chances of adopting a child. By way of example, we have listed below a few of the important
parts of Kentucky child adoption law including such topics as advertising, adoption expenses, and the critical issue of ending the biological parental rights (called a Consent, Relinquishment or Surrender).
Use of Advertising and Facilitators in Adoptive Placements
Use of Advertisement
Citation: Rev. Stat. § 199.590(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, prepared, sold, or distributed in the Commonwealth
of Kentucky shall not contain an advertisement that solicits children for adoption or solicits the custody of children.
Use of Intermediaries/Facilitators
Citation: Rev. Stat. § 199.590(3), (5)
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.
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
State Regulation of Adoption Expenses
Birth Parent Expenses Allowed
Citation: § 199.590(6)(a)
Fees for legal services
Cost of placement services
Expenses of the birth parents
Birth Parent Expenses Not Allowed
Citation: § 199.493
No adoptive parent, agency, or intermediary shall pay the attorney's fees of a biological parent except as approved by the court.
Allowable Payments for Arranging Adoption
Citation: § 199.590(3), (5)
No person or group shall act as intermediary in placing a child or accept a fee for facilitating an adoption.
Allowable Payments for Relinquishing Child
Citation: § 199.590(2)
A person, agency, or intermediary shall not sell or purchase any child for the purpose of adoption.
Accounting of Expenses Required by Court
Citation: § 199.590(6)(a)
The expenses paid shall be submitted to the court, supported by an affidavit, detailing the expenses for the court's approval or modification.
Consent to Adoption
Who Must Consent to an Adoption
Citation: Rev. Stat. § 199.500
An adoption shall not be granted without the voluntary and informed consent of:
The living parent or parents of a child born in lawful wedlock
The mother of the child born out of wedlock
The father of the child born out of wedlock, if paternity is established in a legal action or in an affidavit acknowledging paternity of the child
A minor parent may consent to an adoption, but a guardian ad litem for the parent shall be appointed.
Age When Consent of Adoptee is Considered or Required
Citation: Rev. Stat. § 199.500
In the case of a child age 12 or older, the consent of the child shall be given in court. The court in its discretion may waive this requirement.
When Parental Consent is not Needed
Citation: Rev. Stat. §§ 199.500; 199.502
The consent of a parent shall not be required if the parent:
Has been adjudged mentally disabled
Has had his or her parental rights terminated
Is divorced from the other parent, his or her rights have been terminated, and consent has been given by the parent having custody and control of the child
Is a birth parent who has not established parental rights
Has abandoned the child for a period of not less than 90 days
Has inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury
Has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, physical injury or emotional harm
Has been convicted of a felony that involved the infliction of serious physical injury to the child
For a period of not less than 6 months, has continuously or repeatedly failed, refused to provide, or been substantially incapable of providing essential parental care and protection for the child, and
there is no reasonable expectation of improvement in parental care and protection
Has caused or allowed the child to be sexually abused or exploited
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 there is no reasonable expectation of significant improvement in the parent's conduct in the immediately foreseeable future
Has had his or her rights to another child involuntarily terminated and the condition or factor that was the basis for the previous termination finding has not been corrected
Has been convicted of having caused or contributed to the death of another child as a result of physical or sexual abuse or neglect
When Consent Can Be Executed
Citation: Rev. Stat. § 199.500
An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to 72 hours after the birth of the child.
Revocation of Consent
Citation: Rev. Stat. § 199.500
If placement approval by the secretary is required, the voluntary and informed consent shall become final and irrevocable 20 days the placement approval or the execution of the voluntary and informed consent,
whichever is later.
If placement approval by the secretary is not required, the voluntary and informed consent shall become final and irrevocable 20 days after the execution of the voluntary and informed consent.
Rights of Presumed (Putative) Fathers
Registry/Paternity Requirements to Receive Notice
Citation: § 625.065
The putative father is made a party, and is brought before the court in the same manner as any other party to a termination action if, prior to the final order in the termination proceeding, he acknowledges
the child as his own by asserting paternity in the action, to the custodial agency, or the party bringing the action, within 60 days after the child's birth.
Notice is also required if the mother identifies him, his name is on the birth certificate, or he has contributed to the financial support of the child.
Only one of the requirements must be satisfied.
Please visit adoption law in Kentucky for more details. |