Kentucky Adoption Statute Summay
Kentucky Revised Statutes Annotated Sections 199.470 to 199.590 (1997)
Who Can Adopt?
Any adult who has lived in the State for 1 year may adopt. A husband and wife must file to adopt jointly, unless the judge allows an exception, or unless the party wishing to adopt is a stepparent.
No petition for adoption can be filed until the child has lived in the prospective adoptive parent's home for at least 3 months, unless the child is being placed for adoption by a child-placing agency.
Who Can Be Adopted?
Any child can be adopted.
Consent to Adoption
The following persons must consent to the adoption:
1.
both parents of a child born in wedlock;
2.
the mother of a child born out of wedlock;
3.
the father of a child born out of wedlock if his paternity has been
determined by a court (e.g. through the financial support of the child, joint living arrangements, name on the birth certificate), or an affidavit of paternity has been filed;
4.
a minor parent, but a guardian ad litem shall be appointed; and
5.
an adoptee 12 years of age or older, unless the court waives this requirement.
The following persons need not consent:
1.
parents that are ruled by the court to be mentally disabled, and this ruling was made at least 1 year ago;
2.
parents whose rights have been legally terminated;
3.
parents who are divorced, where one parent's rights have been terminated and the parent with custody consents to the adoption; or
4.
a parent who has abandoned the child for at least 90 days, or has allowed the child to be abused, or has generally failed to provide care or protection for at least 6 months.
Consent to adoption cannot be given prior to 72 hours after the birth of the child. There are no provisions in the law regarding withdrawal of consent.