Kentucky Adoption Attorney

Working With a Kentucky Adoption Attorney

An adoption creates a permanent legal relationship between a parent and a child. In Kentucky the rules are set out in KRS Chapter 199, and every adoption is a court case that starts with a petition. Most families who call our office already know the child well. They are a stepparent who has helped raise a child for years, a grandparent who stepped in when a parent could not, or an aunt or uncle who already has the child at the supper table every night.

Andrea N. Bussell is a family law attorney and trained family mediator whose practice includes adoption, custody, and support. Before founding the firm in 2020 she worked with the Kentucky Court of Justice from 2010 to 2018. We explain what the statute requires, prepare the papers, and go with you through the hearing.

Stepparent Adoption in Kentucky

A stepparent adoption makes a spouse the legal parent of the other spouse's child. Under KRS 199.470(2), a married person normally has to file jointly with his or her spouse, but that rule does not apply when the petitioner is married to the child's biological parent. The stepparent files, and the parent spouse keeps every right he or she already has. KRS 199.520(2)(c) confirms that an adoption ends the legal relationship between the child and the biological parents, except for a biological parent who is married to an adoptive parent.

The question in most stepparent cases is the other biological parent. That parent either signs a consent, has already had parental rights terminated, or the court finds that one of the statutory grounds for adoption without consent applies. The child must also have lived continuously in your home for at least 90 days before the petition is filed, under KRS 199.470(3).

Relative and Kinship Adoption

KRS 199.470(4)(a) covers a child adopted by a blood relative, including half blood relatives, first cousins, aunts, uncles, nephews, nieces, and grandparents or great grandparents, as well as a stepparent, a stepsibling, or fictive kin. For these families, the written approval from the Secretary of the Cabinet for Health and Family Services that other placements need before a petition can be filed is not required.

That saves time, but it does not mean the court skips its review. The same subsection allows the court to order the investigation and report described in KRS 199.510 and a background check under KRS 199.473(8). The report addresses whether the petition is accurate, whether the adoptive parents are financially able and morally fit, and whether the adoption serves the child.

Private Adoption Matters

When a child is placed with a family by someone other than the Cabinet or a licensed agency, and the family exceptions above do not apply, the rules are stricter. KRS 199.473 requires a written application to the Secretary for permission to place or receive the child, and a home study must be completed before the application can be approved. KRS 199.470(4) does not allow the petition to be filed until that approval or an agency placement is in place.

A few rules surprise people. Under KRS 199.492, one attorney may not represent both the birth parents and the adoptive parents. Under KRS 199.590(6), the adoptive parents must submit to the court, with an affidavit, a detailed list of the expenses they paid in connection with the adoption, including legal fees and birth parent expenses, for the court to approve or modify. KRS 199.590 also forbids buying or selling a child. We represent adoptive families in the legal process. We do not match families or place children.

Consent, Termination of Parental Rights, and the Court Process

Consent of the Biological Parents

KRS 199.500(1) says an adoption may not be granted without the voluntary and informed consent of the living parents of a child born during a marriage, or of the mother of a child born outside marriage, and of the father if paternity has been established in a legal action or by affidavit. Consent is not needed if, among other exceptions, that parent's rights have already been terminated under KRS Chapter 625. Timing rules for signing a consent, and the consent of an older child, are covered in the questions below.

Adoption Without Consent

KRS 199.502(1) allows an adoption without a parent's consent only if certain conditions are pleaded and proved. They include abandonment of the child for at least 90 days; serious physical injury inflicted on the child other than by accident; a failure, for at least six months, to provide essential parental care with no reasonable expectation of improvement; and a failure, for reasons other than poverty alone, to provide food, clothing, shelter, medical care, or education the child needs. These cases are contested, and under KRS 199.502(2) the judge enters written findings before granting or dismissing the petition.

Where the Case Is Filed and What Happens

A person who is at least 18 and a Kentucky resident, or who has lived in Kentucky for the 12 months before filing, files in the Circuit Court of the county where he or she lives, under KRS 199.470(1). In counties with a Family Court division, adoption cases are heard there under KRS 23A.100. The Cabinet report is due within 90 days of placement or of filing, whichever is longer, unless the court extends that time. The hearing is held in chambers, in private, under KRS 199.515. If the judge makes the findings KRS 199.520 requires, the court enters a judgment of adoption and changes the child's name as requested in the petition.

Adoption and Custody-Related Issues

Adoption and custody are different tools. A custody order decides who makes decisions for a child and where the child lives, and it can be changed later. An adoption is permanent and makes you the child's legal parent. Some families start with custody because a parent will not consent yet, then move to adoption later.

If you are weighing those options, our page on adoption and custody-related family matters explains how Kentucky custody works.

Kentucky Counties We Serve for Adoption

We handle adoption matters in twelve counties in Central and Northern Kentucky from our offices in Carlisle and Paris.

What to Bring to Your First Meeting

The petition has to state specific facts, listed in KRS 199.490. Bringing these items helps us move quickly:

• The child's birth certificate.
• Your marriage certificate, for a stepparent adoption.
• Any custody orders, termination orders, or other court papers involving the child.
• The names and last known addresses of both biological parents, and anything you know about how to reach them.
• The date the child came to live with you.
• Any signed consents, and a list of any expenses you have paid related to the adoption.

You can also start with the secure adoption intake form or the intake forms page.

Frequently Asked Questions About Kentucky Adoption

Talk With Us About Your Adoption

Twelve counties served. Offices in Carlisle and Paris.

Complete the secure adoption intake form to give us the facts of your situation, or call to speak with our office.

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