Kentucky Statutes 199.520 – Judgment — Prerequisites — Orders — Name and legal status of child — Health history and other nonidentifying information of biological parents and relatives to be given to adoptive parents
Current as of: 2024 | Check for updates
|
Other versions
(1) After hearing the case, the court shall enter a judgment of adoption, if it finds that the facts stated in the petition were established; that all legal requirements, including jurisdiction, relating to the adoption have been complied with; that the petitioners are of good moral character, of reputable standing in the community and of ability to properly maintain and educate the child; and that the best interest of the child will be promoted by the adoption and that the child is suitable for adoption. In the judgment, the name of the child shall be changed to conform with the prayer of the petition. The judgment and all orders required to be entered and recorded in the order book, including the caption, shall contain only the names of the petitioners and the proposed adopted name of the child, without any reference to its former name or the names of its birth parents.
(2) Upon entry of the judgment of adoption, from and after the date of the filing of the petition, the child shall be deemed the child of petitioners and shall be considered for purposes of inheritance and succession and for all other legal considerations, the natural child of the parents adopting it the same as if born of their bodies. Upon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated except the relationship of a biological parent who is the spouse of an adoptive parent.
(3) The clerk of the court shall notify the cabinet of any action of the court with respect to entering a judgment granting an adoption, the amendment of an adoption, or the denial or dismissal of a petition for adoption.
(4) (a) The health history and other nonidentifying background information of biological parents and blood relatives of the adopted person, in writing, on a standardized form, provided by the cabinet, if known, shall be given by the cabinet or child-placing agency which has the information to the adoptive parents and to the Circuit Court not later than the date of finalization of the adoption proceedings. This information shall include the results of any tests for HIV or hepatitis A, B, and C; and
(b) The information provided for in paragraph (a) of this subsection, if known, shall, upon the request in person or in writing of the adult adopted person be made available in writing to that person. The information shall not be made available if it is of a nature that would tend to identify the biological parents of the adopted person except as provided in KRS § 199.570 and KRS § 199.572.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 166, sec. 2, effective June 24, 2003. — Amended
2000 Ky. Acts ch. 432, sec. 1, effective July 14, 2000. — Amended 1994 Ky. Acts ch.
242, sec. 8, effective July 15, 1994. — Amended 1986 Ky. Acts ch. 43, sec. 2, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 16, sec. 5, effective July 13,
1984. — Amended 1974 Ky. Acts ch. 121, sec. 3. — Amended 1956 Ky. Acts ch. 157, sec. 14, effective February 27, 1956. — Created 1950 Ky. Acts ch. 125, sec. 15.
(2) Upon entry of the judgment of adoption, from and after the date of the filing of the petition, the child shall be deemed the child of petitioners and shall be considered for purposes of inheritance and succession and for all other legal considerations, the natural child of the parents adopting it the same as if born of their bodies. Upon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated except the relationship of a biological parent who is the spouse of an adoptive parent.
Terms Used In Kentucky Statutes 199.520
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Adult adopted person: means any adopted person who is twenty-one (21)
years of age or older. See Kentucky Statutes 199.011 - Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 199.011
- Child: means any person who has not reached his eighteenth birthday. See Kentucky Statutes 199.011
- Child-placing agency: means any agency licensed by the cabinet, which supervises the placement of children in foster family homes or child-caring facilities, or which places children for adoption. See Kentucky Statutes 199.011
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(3) The clerk of the court shall notify the cabinet of any action of the court with respect to entering a judgment granting an adoption, the amendment of an adoption, or the denial or dismissal of a petition for adoption.
(4) (a) The health history and other nonidentifying background information of biological parents and blood relatives of the adopted person, in writing, on a standardized form, provided by the cabinet, if known, shall be given by the cabinet or child-placing agency which has the information to the adoptive parents and to the Circuit Court not later than the date of finalization of the adoption proceedings. This information shall include the results of any tests for HIV or hepatitis A, B, and C; and
(b) The information provided for in paragraph (a) of this subsection, if known, shall, upon the request in person or in writing of the adult adopted person be made available in writing to that person. The information shall not be made available if it is of a nature that would tend to identify the biological parents of the adopted person except as provided in KRS § 199.570 and KRS § 199.572.
Effective: June 24, 2003
History: Amended 2003 Ky. Acts ch. 166, sec. 2, effective June 24, 2003. — Amended
2000 Ky. Acts ch. 432, sec. 1, effective July 14, 2000. — Amended 1994 Ky. Acts ch.
242, sec. 8, effective July 15, 1994. — Amended 1986 Ky. Acts ch. 43, sec. 2, effective July 15, 1986. — Amended 1984 Ky. Acts ch. 16, sec. 5, effective July 13,
1984. — Amended 1974 Ky. Acts ch. 121, sec. 3. — Amended 1956 Ky. Acts ch. 157, sec. 14, effective February 27, 1956. — Created 1950 Ky. Acts ch. 125, sec. 15.