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.
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.
People in the following categories are eligible to adopt in the state of Kentucky:
Adults who wish to become adoptive parents in Kentucky must satisfy all of the following requirements:
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.
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:
Additionally, every adult residing in the home of the applicant(s) must undergo the following:
Minors living in the home are also checked for abuse and neglect.
The following steps are to be followed to adopt a child in Kentucky:
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.
The following documents are crucial for satisfying legal and procedural requirements for adoption in Kentucky:
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.
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.
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.
After successful completion of the home study, the child is placed in the adoptive parent’s home.
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.
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.
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.
Fraud can occur during the adoption process in various ways:
The following measures help prevent scams and frauds in the adoption process:
Every adoption type except adoption by relatives requires home study for approval and formalization of adoption.
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:
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.
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.
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.
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.
Since the 2015 U.S. Supreme Court opinion in the Obergefell case, same-sex couples have been allowed to legally adopt in Kentucky.
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.
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.
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:
These fees cover legal services, home studies, and agency charges. These fees can vary greatly between domestic and international adoptions.
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.
Kentucky adoption law governs the adoption process and ensures the welfare and legal rights of the adopted child.
Kentucky adoption law is a comprehensive set of statutes mentioned in Chapter 199 (Sections 470- 595.5) of the Kentucky Revised Statutes to govern the adoption process within the state. These laws prioritize the child's welfare, safeguard birth parents' rights, and establish a legal and ethical framework for adoptive parents.
Adoption in Kentucky involves home study fees, legal fees, agency fees, counseling fees, and birth mother expenses, which include medical costs, including prenatal and postpartum care.
Yes, single individuals in Kentucky, including LGBTQ+ individuals, have the legal right to adopt a child. Single prospective adoptive parents are subject to the same eligibility criteria and legal requirements as married couples.
The duration of the adoption process in Kentucky can vary widely depending on various factors, including the complexity of the case, type of adoption, and availability of adoption professionals and resources. The usual timeframe for completing the adoption process in Kentucky is four to six months.
In comparison to other types of adoption, international adoption is a complex and lengthy process. The duration for international adoption can vary widely, spanning from six months to as long as four years, depending on factors such as the country of origin, the age of the child, and the child's health.
A pre-placement investigation, also known as a home study, is a crucial component that involves an assessment of the prospective adoptive parent's home and their suitability to provide a safe and nurturing environment for a child. Home study is a compulsory requirement for all types of adoption processes, except in cases where a step-parent is carrying out the adoption of their spouse's child.
The Cabinet for Health and Family Services conducts home studies for applicants with a gross income at or below 250 percent of the federal poverty level unless they request a licensed agency. However, when income exceeds 250 percent, a licensed child-placing agency will conduct the home study.
The home study includes the following elements:
Kentucky adoption law prohibits unmarried couples from adopting a child, even if the child is the biological child of one partner.
In Kentucky, adoptive parents must be residents for at least 12 months before initiating the adoption process.
Although hiring an attorney is not required to adopt in Kentucky, many adoptive parents choose to work with experienced adoption attorneys to navigate the complex legal aspects of the process.
The applicants need to be a minimum of 18 years old to apply for adoption in the state.
