Kentucky Adoption Law: A Comprehensive Guide

Adoption laws differ from state to state. To adopt in Kentucky, the state imposes rules and guidelines to ensure the best interests of the child.

This guide provides a comprehensive explanation of Kentucky adoption law, covering legal requirements, eligibility criteria, types of adoption, costs, legal challenges, and more.

Adoption law in Kentucky

Laws governing adoption in Kentucky are in Chapter 199 (Sections 470-595.5) of the Kentucky Revised Statutes. This chapter outlines the criteria and process for matters relating to adoption, including birth parent consent, termination of birth parental rights, and other relevant aspects.

Other rules and regulations regarding adoption are mentioned in Kentucky Administrative Regulations, Title 922, Chapter 1, which addresses adoption services. This chapter offers additional specifics and guidance on the requirements and procedures for adoption agencies, home studies, post-placement supervision, and related matters.

To initiate the adoption process in Kentucky, the petitioner must file a petition in the Circuit Court of the county where they reside. Adoption cases are heard by Family Court judges.

Who can adopt in Kentucky?

People in the following categories are eligible to adopt in the state of Kentucky:

1. Married couples

   A married couple, including a married LGBTQ+ couple, must file a joint adoption petition. However, an exception exists in cases of stepparent adoptions. Also, a court may grant a waiver if enforcing the joint petition rule would not provide a suitable home for the child. For example, the court may waive the joint petition requirement in case of an overseas deployment of a military spouse for an extended period. Waiving the joint petition requirement in such cases ensures that the adopted child remains in a suitable and stable home environment.

2. Unmarried couples

   In Kentucky, adoption laws prohibit unmarried couples from adopting a child, even if one of the parents is the biological parent of the child.

3. Unmarried individuals

   As per Kentucky adoption law, unmarried individuals, including persons from the LGBTQ+ community, have the right to adopt a child. As with all prospective adoptive parents, unmarried individuals must undergo various assessments to prove their suitability for adoption, including criminal background checks, home visits, and interviews.

Requirements for adopting a child in Kentucky

Adults who wish to become adoptive parents in Kentucky must satisfy all of the following requirements:

• Must be 18 years or older
• Must be a permanent resident of the United States
• Must reside in the state for at least 12 months before applying to adopt
• Must pass the home study process

Prospective adoptive parents serving in the U.S. military, and residing on a military base located in Kentucky, are eligible to adopt in any county adjacent to the base after living on base for 60 days.

Home study process

Kentucky adoption law mandates a comprehensive home study assessment of prospective adoptive parents. The primary objective of the process is to evaluate the suitability of the adoptive family in terms of physical, emotional, mental, and financial readiness to provide a safe and nurturing environment for the child.

The state’s Cabinet for Health and Family Services conducts the home study for applicants with a gross income at or below 250 percent of the federal poverty level guidelines, unless applicants request a licensed child-placing agency to conduct it. A licensed child-placing agency will conduct the home study for applicants having a gross total income of more than 250 percent of the federal poverty level guidelines.

The home study process also allows the applicants to seek guidance and ask questions to prepare them for adoption.

Key elements of a Kentucky home study include:

1. Criminal background check
2. Child abuse and neglect check
3. Verification of at least two financial references
4. Minimum of three personal references, including one from a relative
5. At least one home visit and a face-to-face interview

Additionally, every adult residing in the home of the applicant(s) must undergo the following:

1. An in-state criminal records check
2. Child abuse or neglect checks for each state of residence within the past five years
3. A fingerprint-based criminal records check from the National Crime Information Center database

Minors living in the home are also checked for abuse and neglect.

How to adopt a child in Kentucky

The following steps are to be followed to adopt a child in Kentucky:

Step 1: Initiating the adoption process

Prospective adoptive parents interested in adoption should select an adoption agency and participate in the orientation and information sessions led by either the adoption agency or a social worker. These sessions serve as a roadmap for the adoption journey.

During these orientation and information sessions, potential parents will learn about various types of adoption, the criteria for adopting a child, and the legal procedures associated with the adoption process. Additionally, they can ask questions about the adoption process and receive expert guidance from experienced professionals.

The agency will assist with counseling services, guide the prospective parents through legal procedures, and offer various resources to ensure well-informed decisions. Additionally, agencies will assist prospective adoptive parents in completing the necessary paperwork and preparing for the home study and background check.

Parents are encouraged to engage in self-assessments to evaluate their readiness for adoption. The choice of an adoption professional, be it an agency or an attorney, should be made after careful consideration.

Step 2: Collect required documents

The following documents are crucial for satisfying legal and procedural requirements for adoption in Kentucky:

1. Identity proof

   Identity verification of prospective adoptive parents is performed using the following documents, which validate citizenship and eligibility for adoption:

   • Driver’s license
   • Passport
   • Citizenship card (for immigrants)

2. Passport-size photographs

   Applicants must provide passport-size photographs during the adoption application.

3. Social security card

   This card aids agencies and authorities in tracking financial information and ascertaining eligibility for specific adoption-related benefits and tax credits.

4. Other documents

   Depending on the adoption agency or legal representative overseeing the process, the following additional documents can be requested to ensure the safety and welfare of the child:

   • Marriage certificates to verify marital status
   • Divorce decrees in cases of prior divorce
   • Financial statements to assess stability
   • Reference letters endorsing character and suitability
   • Medical records confirming physical and mental well-being
   • Employment verification indicating financial stability

Step 3: Consent of the biological parents

Parental consent is a crucial step in the adoption process. However, if the biological parents cannot be located, then their parental rights may be legally terminated through a formal legal procedure.

Step 4: Filing a petition

The next step is to file an adoption petition to the Circuit Court of the county where the petitioner resides. The petition must contain personal details such as names, address, and ages of adoptive parents, and a statement regarding the reason for adoption.

Step 5: Home study and background check

Prospective parents submit essential applications and documents to the home study agency, including detailed forms and necessary records, to initiate the home study process.

This phase also involves conducting necessary background and clearance checks for smoothly processing subsequent steps in the adoption process. This requires meticulous attention and collaboration with chosen adoption professionals.

The home study is conducted by an authorized social worker or agency who visits your home and evaluates your ability to create a protective and nurturing atmosphere for the child.

The social worker or agency who conducts the home study will submit a written report to the court with information about the adoptive parents. The report will also recommend whether the adoption should be approved or denied.

Step 6: Placement of the child

After successful completion of the home study, the child is placed in the adoptive parent’s home.

Step 7: Post-placement supervision until finalization of adoption

In order to ensure the child’s safety, well-being, and adjustment to living in the home of the adoptive parents, the agency or other professional supervises and monitors the situation for a period of time before submitting a written report to the court. The report should be submitted within 90 days from the time the child is placed in the home of the adoptive parents.

Step 8: Post-adoption contact agreements

Open adoption agreements: Post-adoption contact agreements are typically negotiated and documented during the adoption process to outline the frequency, nature, and extent of contact between birth parents, adoptive parents, and the child. Whether an adoption is open or closed is not decided by the court; rather, it’s up to the adoptive parents and birth parents to mutually agree. Court involvement can become necessary, however, in case of any disagreement in terms.

In the absence of an open adoption agreement, an adoption is considered “closed,” and the birth parents have no contact with the child.

Enforceability: Kentucky adoption law provides mechanisms for enforcing post-adoption contact agreements, ensuring that all parties can rely on the agreed-upon terms. Courts may enforce these agreements unless it is determined that doing so would not be in the child’s best interests.

Step 9: Hearing and finalizing the adoption

Prospective adoptive parents must attend a court hearing. During this hearing, the judge will thoroughly review the case and make a final decision.

The judge will inquire about the adoption proceedings and the facts stated in the petition. Subsequently, the judge will issue an adoption decree, formally establishing the legal relationship and thereby concluding the adoption process in Kentucky.

Legal challenges and disputes

1. Consent of biological parents and reconsideration period

• Informed and voluntary consent is essential from birth parents. If the biological parents cannot be located, their parental rights may be terminated through a formal legal procedure. However, these steps create legal challenges such as delay in the decision and emotional distress of the adoptive parents.
• Kentucky’s Cabinet for Health and Family Services provides a revocation period of 20 days after the consent for adoption is signed during which birth parents may reconsider their decision.

2. Fraud and scam prevention

Fraud can occur during the adoption process in various ways:

• Birth parents might provide false or misleading information about their background to influence the adoption process.
• Prospective parents or agencies might forge or alter adoption documents to expedite the process.
• Agencies operating without proper licensing or accreditation may place the child in vulnerable situations.
• Imposters might impersonate birth or prospective parents.

The following measures help prevent scams and frauds in the adoption process:

• Adoption agencies in Kentucky must be licensed and should adhere to stringent regulations to prevent fraudulent practices.
• Comprehensive background checks on prospective adoptive parents can ensure their suitability and protect against potential scams.
• Legal professionals involved in adoption must adhere to ethical and legal standards to prevent fraudulent activities.

Types of adoption in Kentucky

Every adoption type except adoption by relatives requires home study for approval and formalization of adoption.

1. Adoption through agency

In Kentucky, adoption can be performed through a public or private agency licensed and regulated by local and state authorities. The two adoption channels have the following distinct characteristics:

• Public agencies: These agencies care for minors who come under state custody for reasons such as the death of parents, abandonment by parents, or unsafe living conditions.
• Private agencies: These agencies are typically run by charities or social service organizations such as churches and mostly handle cases in which parents willingly choose to put up their child for adoption.

2. Independent adoption

Private or independent adoptions in Kentucky proceed without agency involvement. These adoptions involve a direct agreement between the adoptive parents and the birth parents of the child.

An intermediary, such as a doctor, attorney, or bureaucrat, may be involved. Many adoptive parents engage the services of a qualified attorney to handle the necessary legal documents.

Although independent adoption does not require the involvement of an agency, prospective adoptive parents will still need to engage a licensed Kentucky adoption agency to conduct the home study.

3. Identified adoption

People can skip the long waitlists at Kentucky adoption agencies by finding biological parents on their own. “Identified adoption” refers to situations where the prospective and birth parents connect directly with each other without the involvement of an agency. They use an agency primarily for official paperwork and to conduct the home study. If the parties wish, an agency can also help with counseling.

4. Adoption by relatives

In kinship adoption, a family member, such as an aunt, uncle, or grandparent, legally cares for a child when the parents of the child cannot do so. These situations arise for various reasons, such as parental drug abuse, mental health issues, imprisonment, or even the unfortunate event of a parent’s death. Compared with nonrelative adoption processes, kinship adoptions are less complex.

A home study is not mandatory for stepparent or kinship adoptions. However, the court may still require a thorough criminal background check conducted by the Cabinet for Health and Family Services.

5. International adoption

When a person aspires to legally adopt a child from another country, the adoptive parent must follow Kentucky adoption law as well as the adoption laws of the child’s home country.

Adoptive parents can obtain a visa for the child from the United States Citizenship and Immigration Services once the adoption is legally finalized.

6. Same-sex adoptive parents

Since the 2015 U.S. Supreme Court opinion in the Obergefell case, same-sex couples have been allowed to legally adopt in Kentucky.

7. Open adoption

Open adoption allows the biological parent(s) to stay in touch with the child after adoption. In such adoptions, the biological parents and adoptive parents enter a binding legal contract that covers the types and amount of contact the biological parents will have with the adopted child. Such adoption does not always mean the biological parents meet with the child in person; sometimes, parents are only informed about the child’s upbringing. Open adoption is generally the standard type of adoption nowadays.

8. Closed adoption

In a closed adoption, the biological parents have no contact with the adoptive family. In most cases, the adoptive parents cannot access personal information about the birth parents. In this type of adoption, birth parents do not stay in touch with the child or play any part in the child’s life.

Adoption cost in Kentucky

The cost of adoption in Kentucky can vary considerably based on the type of adoption. Adoption can cost as little as $350 for stepchild adoption and as much as $50,000 to adopt through a private agency. The following adoption-related costs should be considered:

Legal and agency fees

These fees cover legal services, home studies, and agency charges. These fees can vary greatly between domestic and international adoptions.

Expenses concerning biological parents

Expenses include legal and counseling fees, medical bills, and other costs of the birth parents throughout the adoption process.

Adoptive parents can cover the biological parents’ medical costs, including prenatal and postpartum care, if agreed by both parties. Adoptive parents may cover the birth parents’ legal fees only with court approval.

Hiring an attorney

1. Why hire an adoption lawyer?

• Legal expertise: An adoption attorney possesses in-depth knowledge of Kentucky adoption law. Lawyers ensure compliance with all legal requirements, guide you through court proceedings, and handle document preparation.
• Protection of rights: Throughout the adoption process, an adoption attorney advocates for your rights as well as the child’s rights.
• Resolution of legal issues: An adoption attorney skillfully navigates legal challenges or disputes and provides resolution. They address problems such as birth-parent consent, court-related complexities, and unforeseen legal obstacles.
• Streamlining the process: An experienced adoption attorney streamlines the process, reducing delays and complications. An experienced attorney familiar with Kentucky adoption law enables efficient progress toward finalization.

2. How to choose the right lawyer?

1. Specialization: Seek a Kentucky attorney specializing in adoption law with a comprehensive understanding of adoption intricacies and a successful adoption history.
2. Experience: Prioritize attorneys who have substantial experience in handling adoption cases in Kentucky and who are well-versed in state-specific procedures.
3. Client references: Request references or testimonials from previous adoptive parents to gauge the attorney’s professionalism.
4. Communication and compatibility: Select an attorney with effective communication skills, with whom you feel compatible, to ensure a smooth process.
5. Fees and costs: Clarify the attorney’s fee structure and costs to ensure they align with your adoption budget.
6. Ethical considerations: Ensure the attorney maintains ethical standards, possesses appropriate credentials, and has a clean professional record.
7. Local knowledge: An attorney who is familiar with local courts and judges can deftly navigate the local adoption landscape.
8. Compatibility with the adoption agency: If you are working with an adoption agency, verify that the attorney meets the agency’s requirements and that they will be able to collaborate effectively.

Conclusion

Kentucky adoption law governs the adoption process and ensures the welfare and legal rights of the adopted child.

• Who can adopt: Married couples, unmarried individuals, and LGBTQ+ individuals or couples older than 18 years who have resided in Kentucky for at least 12 months are eligible to adopt. Military personnel stationed at a base in Kentucky for 60 days can also petition for adoption.
• Requirements for adopting a child: Criteria for age and residency, as well as the home study evaluation process necessary for adoption, are set by law.
• Adoption process: The adoption process involves the following steps:
  • Initiating the adoption process
  • Collecting the required documents
  • Consent of the biological parent
  • Filing a petition
  • Home Study and background checks
  • Placement of the child
  • Post Placement Supervision
  • Post-adoption contact agreements
  • Hearing and finalizing adoption
• Legal challenges: Issues such as lack of biological parent’s consent, fraud prevention, and other potential legal problems may crop up during the adoption journey.
• Types of adoption: Adoptions in Kentucky can be done through either a public or private agency, or without the involvement of an agency. Most adoptions are open, where the birth parents stay in touch with the child after adoption, but an alternative is a closed adoption, in which case birth parents have no contact with the child.
• Adoption costs: Costs vary by type of adoption and include legal, agency, placement, and medical fees.
• Hiring an attorney: The services of an experienced credible legal authority such as a lawyer can be engaged for legal expertise, document preparation guidance, and advocacy in accordance with Kentucky adoption laws.