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phone: (502) 585-3005 |
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phone: (502) 585-3005 |
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Adoptions of Kentucky
401 West Main St. - Suite 1708 Louisville, KY 40202 (502) 585-3005 - office (502) 585-5369 - fax |
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Adoption Law in KentuckyConsent or termination of parental rights is the avenue by which a family is able to adopt a child in or from Kentucky. These mechanisms put the adoptive parent(s) in the position of being able to file an adoption petition. Consent:The use of consent in Kentucky is limited to independent adoptions - one in which the adoptive parent(s) locate the birth parent(s). The consent is the birth parent’s legal mechanism to tell the adoption court that they have consented to the adoptive parent(s) adopting the child. Once the Kentucky Cabinet for Families and Children has approved the placement and issued a letter of approval, there is a 20-day revocation period during which the birth parent(s) may revoke the placement decision. An adoption petition may be filed prior to the end of the 20-day revocation period or at the end of the period.After the consent is signed, the adoptive parent(s) may still refuse to adopt the child and thus could re-instate the birth parent’s rights. However, as long as it is the adoptive parent(s) desire to adopt the child, the birth parent(s) cannot revoke the consent to the adoption of the child, after a specified time. The problem with the use of consent is that the birth parent(s) can revoke the document for no reason whatsoever within a specified time, and the baby must be immediately be returned to them. Termination:While consent is available and in certain circumstances preferable, it is not used in agency adoptions. When the agency assists the birth parent(s), there is a judicial termination of parental rights. An agency case requires a termination of parental rights hearing before a judge. A petition may be filed 72 hours after the birth and is heard by the court as soon as practicable (in no event more than 33 days after the birth). Assuming that both birth parents are before the judge, the judge may terminate the rights of both, and the termination order is a final and unappealable order.Should the birth father be known but unnamed, the judge will terminate only the birth mothers’ rights or, if the birth mother prefers, the hearing will be held, but no order entered until such time as the rights of the unidentified birth father have expired, 60 days after the birth. This allows the birth mother to begin to process her grief, but retain her rights for those 60 days until the birth fathers rights expire. Should the birth father be unknown, most courts do not terminate his rights, but the legal effect of the adoption is to terminate all outstanding rights. Expenses:Kentucky law allows the adoptive family to pay expenses for the birth parent. It is silent as to what particular expenses are allowed or what amount of expenditure is permissible. We believe that all expenses must be reasonably related to the cost of the birth parent’s personal living expenses, the pregnancy, the birth, the placement of the child for adoption, court costs and legal fees. The goal is to provide adequate and safe living conditions for the birth parent in hopes of having a healthy baby.At the time of the termination hearing, the statutes require an affidavit of costs and fees. Any money spent which is related to the case is made known to the court for approval or modification. Contact:The amount of contact the adoptive parent(s) have with the birth parent is very individual. It may range from very little to frequent contact. Adoptions of Kentucky requires that all receiving parents agree to furnish the birth parent with pictures and letters on the child's development and progress four times the first year and on the second and third birthdays. If there are other expectations, they will probably be terms negotiated between the individual birth parent(s) and the adoptive parent(s), not required by the agency, and not enforceable by law. |
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