Kentucky Statutes 199.470 – Petition for adoption of child — Parties — Residence requirement — Approval of secretary — Exceptions
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(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 blood relative, including a relative of half- blood, first cousin, aunt, uncle, nephew, niece, and a person of a preceding generation as denoted by prefixes of grand, great, or great-great; stepparent; stepsibling; or fictive kin; 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;
(c) A child adopted under the provisions of KRS § 199.585(1); or
(d) A child who has been approved under KRS Chapter 615.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 159, sec. 4, effective July 14, 2018. — Amended
2005 Ky. Acts ch. 175, sec. 1, effective June 20, 2005; and ch. 68, sec. 2, effective June 20, 2005. — Amended 1994 Ky. Acts ch. 242, sec. 2, effective July 15, 1994. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21); and ch. 121, sec. 1. — Amended 1968 Ky. Acts ch. 100, sec. 3. — Amended 1964 Ky. Acts ch. 182, sec.
1(1) to (5). — Amended 1962 Ky. Acts ch. 211, sec. 3. — Created 1950 Ky. Acts ch.
125, sec. 10.
(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.
Terms Used In Kentucky Statutes 199.470
- 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
- Fictive kin: means an individual who is not related by birth, adoption, or marriage to a child, but who has an emotionally significant relationship with the child, or an emotionally significant relationship with a biological parent, siblings, or half-siblings of the child in the case of a child from birth to twelve (12) months of age, prior to placement. See Kentucky Statutes 199.011
- Institution: means a child-caring facility providing care or maintenance for nine
(9) or more children. See Kentucky Statutes 199.011 - Secretary: means the secretary for health and family services. See Kentucky Statutes 199.011
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(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 blood relative, including a relative of half- blood, first cousin, aunt, uncle, nephew, niece, and a person of a preceding generation as denoted by prefixes of grand, great, or great-great; stepparent; stepsibling; or fictive kin; 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;
(c) A child adopted under the provisions of KRS § 199.585(1); or
(d) A child who has been approved under KRS Chapter 615.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 159, sec. 4, effective July 14, 2018. — Amended
2005 Ky. Acts ch. 175, sec. 1, effective June 20, 2005; and ch. 68, sec. 2, effective June 20, 2005. — Amended 1994 Ky. Acts ch. 242, sec. 2, effective July 15, 1994. — Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21); and ch. 121, sec. 1. — Amended 1968 Ky. Acts ch. 100, sec. 3. — Amended 1964 Ky. Acts ch. 182, sec.
1(1) to (5). — Amended 1962 Ky. Acts ch. 211, sec. 3. — Created 1950 Ky. Acts ch.
125, sec. 10.