How Do I Adopt a Stepchild in Kentucky?
Full Question:
Answer:
Please see the following KY statutes:
199.470. Petition for adoption of child — Parties — Residence
requirement — Approval of secretary — Exceptions.
(1) Any person who is eighteen (18) years of age and who is
a resident of this state or who has resided in this state for
twelve (12) months next before filing may file a petition for
leave to adopt a child in the Circuit Court of the county in
which the petitioner resides.
(2) If the petitioner is married, the husband or wife shall
join in a petition for leave to adopt a child unless the
petitioner is married to a biological parent of the child to
be adopted, except that if the court finds the requirement of
a joint petition would serve to deny the child a suitable
home, the requirement may be waived.
(3) If a child is placed for adoption by the cabinet, by an
agency licensed by the cabinet, or with written approval by
the secretary of the cabinet, the petition may be filed at
the time of placement. In all other adoptions, the petition
shall not be filed until the child has resided continuously
in the home of the petitioner for at least ninety (90) days
immediately prior to the filing of the adoption petition.
(4) No petition for adoption shall be filed unless prior to
the filing of the petition the child sought to be adopted has
been placed for adoption by a child-placing institution or
agency, or by the cabinet, or the child has been placed with
written approval of the secretary; but no approval shall be
necessary in the case of:
(a) A child sought to be adopted by a stepparent,
grandparent, sister, brother, aunt, uncle, great grandparent,
great aunt, or great uncle; however, the court in its
discretion may order a report in accordance with KRS 199.510
and a background check as provided in KRS 199.473(8);
(b) A child received by the proposed adopting parent or
parents from an agency without this state with the written
consent of the secretary; or
(c) A child adopted under the provisions of KRS 199.585(1).
(5) Subsection (4) of this section shall not apply to
children placed for adoption prior to June 14, 1962.
199.490. Contents of adoption petition — Accompanying papers.
(1) The petition shall allege:
(a) The name, date, place of birth, place of residence, and
mailing address of each petitioner, and, if married, the date
and place of their marriage;
(b) The name, date, place of birth, place of residence, and
mailing address, if known, of the child sought to be adopted;
(c) Relationship, if any, of the child to each petitioner;
(d) Full name by which the child shall be known after
adoption;
(e) A full description of the property, if any, of the
child so far as it is known to the petitioner;
(f) The names of the parents of the child and the address
of each living parent, if known. The name of the biological
father of a child born out of wedlock shall not be given
unless paternity is established in a legal action, or unless
an affidavit is filed stating that the affiant is the father
of the child. If certified copies of orders terminating
parental rights are filed as provided in subsection (2) of
this section, the name of any parent whose rights have been
terminated shall not be given;
(g) The name and address of the child's guardian, if any,
or of the cabinet, institution, or agency having legal
custody of the child;
(h) Any further facts necessary for the location of the
person or persons whose consent to the adoption is required,
or whom KRS 199.480 requires to be made a party to or
notified of the proceeding; and
(i) If any fact required by this subsection to be alleged
is unknown to the petitioners, the lack of knowledge shall be
alleged.
(2) There shall be filed with the petition certified copies
of any orders terminating parental rights. Any consent to
adoption shall be filed prior to the entry of the adoption
judgment.
(3) If the petitioner was not excepted by KRS 199.470(4) or
(5), a copy of the written approval of the secretary of the
Cabinet for Health and Family Services or the secretary's
designee shall be filed with the petition.
199.500. Consent to adoption.
(1) An adoption shall not be granted without the voluntary and informed
consent, as defined in KRS 199.011, of the living parent or parents of a
child born in lawful wedlock or the mother of the child born out of
wedlock, or the father of the child born out of wedlock if paternity is
established in a legal action or if an affidavit is filed stating that the
affiant is the father of the child, except that the consent of the living
parent or parents shall not be required if:
(a) The parent or parents have been adjudged mentally disabled and
the judgment shall have been in effect for not less than one (1) year
prior to the filing of the petition for adoption;
(b) The parental rights of the parents have been terminated under KRS
Chapter 625;
(c) The living parents are divorced and the parental rights of one (1)
parent have been terminated under KRS Chapter 625 and consent has been
given by the parent having custody and control of the child; or
(d) The biological parent has not established parental rights as required
by KRS 625.065.
(2) A minor parent who is a party defendant may consent to an adoption
but a guardian ad litem for the parent shall be appointed.
(3) In the case of a child twelve (12) years of age or older, the
consent of the child shall be given in court. The court in its discretion
may waive this requirement.
(4) Notwithstanding the provisions of subsection (1) of this section, an
adoption may be granted without the consent of the biological living
parents of a child if it is pleaded and proved as a part of the adoption
proceedings that any of the provisions of KRS 625.090 exist with respect
to the child.
(5) An adoption shall not be granted or a consent for adoption be held
valid if the consent for adoption is given prior to seventy-two (72)
hours after the birth of the child. A voluntary and informed consent may
be taken at seventy-two (72) hours after the birth of the child and shall
become final and irrevocable under paragraphs (a) and (b) of this
subsection.
(a) If placement approval by the secretary is required, the voluntary
and informed consent shall become final and irrevocable twenty (20) days
after the later of the placement approval or the execution of the
voluntary and informed consent.
(b) If placement approval by the secretary is not required, the
voluntary and informed consent shall become final and irrevocable twenty
(20) days after the execution of the voluntary and informed consent.
625.040. Petition.
(1) A petition for the voluntary termination of parental rights
shall be entitled "In the interest of . . ., a child." The
petition may be filed by a parent or counsel when the
appearance-waiver and consent-to-adopt forms are signed by
the parent, counsel, and cabinet representative under the
conditions described in KRS 625.041(3) and (4).
(2) The petition for the voluntary termination of parental rights
shall be filed in the Circuit Court of the judicial circuit
where the petitioner or child resides or in the Circuit Court
in the county in which juvenile court actions, if any,
concerning the child have commenced, and shall be verified
and contain the following:
(a) Name and place of residence of each petitioner;
(b) Name, sex, date of birth, and place of residence of the
child;
(c) Name and relationship of each petitioner to the child;
(d) A concise statement of the factual basis for the
termination of parental rights;
(e) Name and address of the person or of the cabinet or
authorized agency to which parental rights are sought to be
transferred; and
(f) A statement that the person, cabinet, or authorized agency
to whom custody is to be given has facilities available, is
willing to receive the custody of the child, and the
person, if not excepted by KRS 199.470(4) or (5), has
applied for the written permission of the secretary or the
secretary's designee for the child's placement. This
provision shall not affect the right of a court to grant
temporary custody under KRS 199.473.
(3) No petition may be filed under this chapter prior to three
(3) days after the birth of the child.
