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Adopting in Kentucky
Adoption in Kentucky
Kentucky is famously known for horse racing, bourbon and country music. They are also a state that requires residency for adoption. Adoptive families may cover the Birth Mom's medical, counseling and legal expenses. They may also cover her living expenses after submitting an affidavit to the court. Kentucky is home to Mammoth Cave National Park - the longest cave system on earth.
Home Study Providers in Kentucky
1 Home Study Providers in KY
$1,300 Average Home Study Cost
38 days Average Home Study Duration
PairTree Home Study
The Modern Way to Home Study
Adoption Attorneys in Kentucky
5 Adoption Agencies in KY
5
AAAA Attorneys in KY
Academy of Adoption & Assisted Reproduction Attorneys
Traveling For Your Adoption in Kentucky
Length of ICPC
in Kentucky
1-60 days
Email: CHFS.INTERSTATE@KY.GOV
Indiana participates in the Interstate Compact on the Placement of Children (ICPC) – a statutory agreement between all 50 states, the District of Columbia and the US Virgin Islands. The agreement governs the placement of children from one state into another state. It sets forth the requirements that must be met before a child can be placed out of state. The Compact ensures prospective placements are safe and suitable before approval, and it ensures that the individual or entity placing the child remains legally and financially responsible for the child following placement.
Adoption Law FAQ in Kentucky
Advertising Law Info
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Can adoptive parents advertise for birth parents?
No.
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State Advertising Code of Law
Citation: Rev. Stat. § 199.590(1)
A person, corporation, or association shall not advertise in any manner that it will receive children for the purpose of adoption. A newspaper published, prepared, sold, or distributed in the Commonwealth of Kentucky shall not contain an advertisement that solicits children for adoption or solicits the custody of children.
Adoption Law Info
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Who Can Adopt?
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.
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Can out-of-state residents finalize an adoption?
No.
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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.
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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.
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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.
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Qualifications for Adoptive Parents for adoption
Citation: Rev. Stat. §§ 199.470; 199.475
An adoption petition may be filed by any person who is age 18 or older who is a resident of the State or who has resided in the State for 12 months prior to filing the petition.
Any person who has been a resident of any U.S. Army post, military reservation, or fort within Kentucky for 60 days may file a petition for adoption of a child in any county adjacent to the army post or military reservation.
Home Study Info
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Elements of a Home Study for Adoption
Citation: Rev. Stat. § 199.473; Admin. Regs. Tit. 922, §§ 1:010; 1:490
The purpose of the home study shall be to review the background of the applicant and determine the suitability of the applicant to receive a child, taking into account at all times the best interests of the child for whom the application to adopt has been made.
In regulation: The home study of a proposed adoptive parent shall include:
• A minimum of three personal references, including one from a relative
• A minimum of two financial references
• A criminal background check
• A child abuse and neglect check
• A minimum of one home visit and face-to-face interview with each proposed adoptive parent and members of the parent(s)â household
An applicant, and each adult member of the household, shall submit to:
• An in-State criminal records check
• A child abuse or neglect check for each State of residence during the past 5 years
• A criminal records check conducted by means of a fingerprint check of the National Crime Information Database
• An address check of the Sex Offender Registry
Prior to approval of an applicant, each adolescent member of the household shall submit to a child abuse or neglect check. -
Grounds for Withholding Approval for Adoption
Citation: Admin. Regs. Tit. 922, § 1:490
An applicant shall not be approved if a criminal records check reveals that the applicant or adult member of the household has a:
• Felony conviction involving:
o A spouse, a child, sexual violence, or death as described by 42 U.S.C. 671(a)(20)
o Physical abuse, battery, a drug, or alcohol within the 5-year period prior to application
• Criminal conviction relating to child abuse or neglect
• Civil judicial determination related to child abuse or neglect
An applicant shall not be approved if a child abuse or neglect check reveals that the applicant, adolescent member of the household, or adult member of the household has been found to have:
• Committed sexual abuse or sexual exploitation of a child
• Been responsible for a child fatality related to abuse or neglect
• Had parental rights terminated involuntarily
An applicant shall not be approved if an address check of the sex offender registry and supporting documentation confirm that a sex offender resides at the applicantâs home address. -
When Home Studies Must Be Completed for Adoption
Citation: Rev. Stat. § 199.473
Prior to the approval of an application to receive a child, a home study shall be completed. The portion of the home study pertaining to the home and family background shall be valid for 1 year following the date of its completion by an adoption worker. -
Postplacement Study Requirements for Adoption
Citation: Rev. Stat. § 199.510
Upon filing a petition for the adoption of a minor child, the clerk of the court shall forward two copies of the petition to the cabinet. The cabinet, or any person, agency, or institution designated by the cabinet or the court shall, to the extent possible, investigate and report in writing to the court:
• Whether the contents of the petition are true
• Whether the proposed adoptive parents are financially able and morally fit to have the care, custody, and training of the child
• Whether the adoption is to the best interests of the child and the child is suitable for adoption
The report shall be filed with the court as soon as practicable but no later than 90 days from the placement of the child.