Each state maintains its own adoption policies, so the process can vary considerably for families in different states. As a Kentucky resident, you’ll want to work with an adoption agency or adoption attorney who is very familiar with Kentucky adoption laws and policies. Below, you’ll find adoption agencies and adoption lawyers offering services to Kentucky families. Scroll past the listings to learn all about the legal guidelines for families adopting in Kentucky whether you’re adopting a newborn through domestic adoption, an infant or older child from U.S. foster care adoption, or a child through international adoption.
KENTUCKY ADOPTION LAWS & STATUTES
WHO CAN ADOPT IN KENTUCKY?
Any adult who has lived in Kentucky for at least twelve months may adopt. A husband and wife must adopt jointly unless the adopting parent is the spouse of the biological parent of the child.
Can LGBT families adopt? Same-sex couples face legal restrictions when petitioning for second-parent adoption.
KENTUCKY DOMESTIC ADOPTION LAWS
Can adoptive parents advertise for birth parents? No.
Can out-of-state residents finalize an adoption? No.
Can adopting parents use an adoption facilitator or another paid intermediary? Yes, but only the Cabinet for Health and Family Services, a child-placing agency, or an adoption attorney may be used as an adoption facilitator.
What birth parent expenses may be paid, and in what time period? Medical, legal, counseling. No law regarding expenses, but affidavit for expenses must be submitted to court. Expenses paid are subject to court approval and modification. If there is no court proceeding, all expenses must be reported to the state offices or ICPC.
Is there a putative father registry? No.
When can consent to adoption be granted? 72 hours after birth.
When does consent become irrevocable? If consent is revoked, is return to birth parent automatic? 20 days after signing, or state/interstate approval, whichever is later. Return is not automatic. If birth father forces revocation, return is to birth mother.
Are post-adoption contact agreements legally enforceable? Not addressed in state statutes.
KENTUCKY INTERNATIONAL ADOPTION LAWS
Is a foreign adoption decree automatically recognized by the state? Yes, the Commonwealth of Kentucky recognizes a foreign adoption decree that is issued under due process of law for a child that has been approved for U.S. citizenship.
Can parents readopt in this state? Is it mandatory? Yes, readoption in the Commonwealth of Kentucky is mandatory.
When will a U.S. birth certificate be issued? The State Registrar will issue a certificate of foreign birth for an adoptee if there is no birth record from the child’s foreign country of birth.
ADOPTION FROM FOSTER CARE IN KENTUCKY
Are adoption subsidies available? When do they start and how long do they last? Yes, subsidies are available for a special needs child, who is defined as having at least one of the following: 2 years or older if African American, 7 years or older if the state determines that child should remain with foster family, member of a sibling group of 2 or more being placed together, has or is at high risk of developing a physical, mental, or emotional condition, history of adoption disruption. In addition, the child must be in the custody of the state, and the Dept. of Community Based Services must prove that efforts were made to place the child without subsidies.
Where can I learn more about the process of adopting a child from foster care in Kentucky? http://chfs.ky.gov/dcbs/dpp/fostercare.htm
Program Manager: Diane Underwood
KENTUCKY ADOPTION UNITKentucky Cabinet for Health and Family Services
275 East Main Street, 3CE
Frankfort, Kentucky 40621
Phone: (502) 564-2147
Toll-Free: (800) 232-5437
Fax: (502) 564-5995
[email protected] http://chfs.ky.gov/dcbs/dpp/fostercare.htm