Kentucky Adoption Laws

Often, adoption is a joyous occasion for the prospective adoptive parents. Whether you're a stepparent adopting a stepchild you've raised or you want to adopt a foster child, you must comply with federal and state laws. These laws vary depending on the type of adoption. Understanding these laws can help guide you on when and how to adopt.

Knowing what to expect during the adoption process can make it smoother. Read on to learn more about Kentucky-specific adoption laws.

Adoption Process in the Commonwealth of Kentucky

Before contacting an adoption agency or filing an adoption petition, familiarize yourself with the adoption process in Kentucky. The process may vary depending on the type of adoption you pursue.

The adoption process involves the following steps:

• Decide the type of adoption you wish to pursue
• Identify the child you want to adopt
• Seek consent from the adoptive child’s birth parents
• Reach out to an adoption agency, the Cabinet for Health and Family Services, or adoption attorney to begin the process
• Apply for the home study
• Undergo the necessary background checks
• Submit to interviews with the social worker or licensed adoption agency worker
• Allow the case worker to do a home and personal assessment
• Submit your adoption petition to the local circuit court
• Attend your final hearing, where you’ll receive the final order for adoption

The system is complicated for a reason. The best interests of the child are of paramount importance.

The Home Study

Before anyone can adopt a child or an adult in Kentucky, they must complete a home study. The point of the home study is to ensure the prospective adoptive parents can provide the adoptee with a clean, safe, and loving home.

In Kentucky, a licensed social worker or adoption agency conducts the home study. This often involves the following:

• Home visit
• Interviews with the adoptive parents and other family members living in the home
• Examination of the adoptive family’s personal and financial information

The social services worker will expect you to provide them with specific information during the home visits and interviews. This will include, at a minimum, the following:

• Birth certificate
• Social security card
• Driver’s license
• Medical records
• Financial statements
• Criminal background check
• Child abuse clearance

If you need help securing your medical records, you can consult the Kentucky Department of Human Health. Depending on your age, you can also talk to your doctors and even your parents.

What the Home Visit and Interviews Include

If you already have an adopted child, the idea of a home study may not scare you in the least. It can be intimidating if this is your first time going through the process. The primary concern of the child-placing agency and courts is that you can provide the adoptee with a loving and safe adoptive home.

If you’re like most adoptive parents, you are probably concerned with the health of the adoptee’s birth parents. You’ll want to know if the biological parents were using drugs during the pregnancy or the child’s birth.

Depending on the type of adoption you pursue, you may even want to talk to the birth mother and birth father to see what kind of people they are. This is to make sure you’re capable of giving the adopted child the care and home they need.

You may not want to adopt a child who was born with a drug dependency. Learning that the expectant mother used illegal drugs throughout her pregnancy could be a deal breaker. The same may be true if you learn the birth parents had mental health issues.

The court, social workers, and the adoption agencies have many of the same concerns. They want to know what kind of parent you’ll be to the child. They also want to confirm that have the financial means to care for the child.

With this in mind, prepare for the person conducting the home study to ask about the following:

• Your parenting philosophies
• Your childhood and upbringing
• Your reasons or motivations for wanting to adopt
• An autobiographical statement about your education, career, social life, and support systems

You should also prepare to give the social worker or adoption agency two to three personal references and letters of recommendation.

Types of Adoption

There are several different types of adoption in Kentucky. The type of adoption you pursue will dictate the adoption process.

Some of the most popular types of adoptions include:

• Independent adoption - This type of adoption does not involve a placement service, adoption agency, or other adoption professional. The child’s birth parents deliver the child to the adoptive family. Kentucky law allows for two types of independent adoption - relative and non-relative.
• Public adoption/Foster parent adoption - Some people prefer to adopt a child they have already been taking care of through the state foster parent program. The process for this type of adoption is much cheaper, faster, and easier than the options below. This is because the Kentucky Cabinet for Health and Family Services already has a relationship with the prospective adoptive parents and knows whether they can provide a loving home for the adoptee.
• International adoption - This type of adoption tends to be more expensive and takes much longer than a domestic adoption. People who pursue an international adoption may want a child who resembles their ethnicity. Others only turn to this type of adoption when they have exhausted the other options.
• Domestic adoption - This type occurs within the Commonwealth of Kentucky. You can use an adoption agency to find a local child to adopt, or you can arrange for a private adoption with your family law attorney.
• Open adoption/Closed adoption - An open adoption leaves the door open for the adoptive parents, adoptee, and birth parents to maintain a relationship post-placement. With a closed adoption, the child will not have access to their original birth certificate, adoption records, or other identifying information on their biological parents.
• Special needs adoption - The Commonwealth of Kentucky deems specific types of adoptions as “special needs” adoptions. The state maintains SNAP (Special Needs Adoption Program) to help people looking to adopt an older child or a child with physical, emotional, or mental disabilities.
• Stepparent adoption - These adoptions are easier to navigate than other adoptions. If someone has children from a prior relationship and remarries, their new spouse may want to adopt them. As long as your ex-partner agrees to terminate their parental rights, there’s a good chance the judge will approve the adoption. Remember that you still have to undergo the home study and background checks.

Kentucky Adoption Laws

The following table outlines the main adoption laws in Kentucky.

If you're interested in adopting, contact an experienced Kentucky adoption lawyer, the Cabinet of Health and Family Services, or an adoption agency.

Disclaimer: Kentucky state laws change often. Confirm current state laws by conducting legal research or contacting an adoption attorney.

Considering Adoption in Kentucky? A Kentucky Adoption Attorney Can Help

Adoption can be a complicated process. An attorney will help you navigate state and federal adoption laws. They will review your case, provide helpful legal advice, and advocate for you and your future child.

If you would like legal assistance with an adoption case, speak with an experienced Kentucky adoption attorney to schedule a consultation.

Related Resources for Adoption Laws

State standards and regulations concerning adoption can be complex and are subject to change. You can visit FindLaw's Adoption Laws section to review some of these laws. You can find additional information on Kentucky adoptions and adoption assistance at the links below:

• Adoption Services Branch - Cabinet for Health and Family Services (ky.gov)
• KY Faces - Kentucky Foster Adoptive Caregiver Exchange System
• Interstate Compact on the Placement of Children