AN ACT relating to adoption.

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AN ACT relating to adoption. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 199.470 is amended to read as follows: 3
(1) Any person who is eighteen (18) years of age and who is a resident of this state or 4
who has resided in this state for twelve (12) months next before filing may file a 5
petition for leave to adopt a child in the Circuit Court of the county in which the 6
petitioner resides. 7
(2) If the petitioner is married, the husband or wife shall join in a petition for leave to 8
adopt a child unless the petitioner is married to a biological parent of the child to be 9
adopted, except that if the court finds the requirement of a joint petition would 10
serve to deny the child a suitable home, the requirement may be waived. 11
(3) If a child is placed for adoption by the cabinet, by an agency licensed by the 12
cabinet, or with written app roval by the secretary of the cabinet, the petition may be 13
filed at the time of placement. In all other adoptions, the petition shall not be filed 14
until the child has resided continuously in the home of the petitioner for at least 15
ninety (90) days immediately prior to the filing of the adoption petition. 16
(4) No petition for adoption shall be filed unless prior to the filing of the petition the 17
child sought to be adopted has been placed for adoption by a child -placing 18
institution or agency, or by the cabinet , or the child has been placed with written 19
approval of the secretary; but no approval shall be necessary in the case of: 20
(a) A child sought to be adopted by a blood relative, including a relative of half -21
blood, first cousin, aunt, uncle, nephew, niece, and a person of a preceding 22
generation as denoted by prefixes of grand, great, or great -great; stepparent; 23
stepsibling; or ficti ve kin; however, the court in its discretion may order a 24
report in accordance with KRS 199.510 and a background check as provided 25
in KRS 199.473(8); 26
(b) A child received by the proposed adopting parent or parents from an agency 27
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without this state with the written consent of the secretary; 1
(c) A child adopted under the provisions of KRS 199.585(1); or 2
(d) A child who has been approved under KRS Chapter 615. 3
(5) Notwithstanding any other law to the contrary, an unmarried couple shall be 4
prohibited from jointly adopting any child. 5
Section 2. KRS 199.520 is amended to read as follows: 6
(1) After hearing the case, the court shall enter a judgment of adoption, if it finds that 7
the facts stated in the petition were established; t hat all legal requirements, 8
including jurisdiction, relating to the adoption have been complied with; that the 9
petitioners are of good moral character, of reputable standing in the community and 10
of ability to properly maintain and educate the child; and that the best interest of the 11
child will be promoted by the adoption and that the child is suitable for adoption. In 12
the judgment, the name of the child shall be changed to conform with the prayer of 13
the petition. The judgment and all orders required to be e ntered and recorded in the 14
order book, including the caption, shall contain only the names of the petitioners 15
and the proposed adopted name of the child, without any reference to its former 16
name or the names of its birth parents. 17
(2) Upon entry of the judg ment of adoption, from and after the date of the filing of the 18
petition, the child shall be deemed the child of petitioners and shall be considered 19
for purposes of inheritance and succession and for all other legal considerations, the 20
natural child of the parents adopting it the same as if born of their bodies. Upon 21
granting an adoption, all legal relationship between the adopted child and the 22
biological parents shall be terminated except the relationship of a biological parent 23
who is the legally married spouse of an adoptive parent. 24
(3) The clerk of the court shall notify the cabinet of any action of the court with respect 25
to entering a judgment granting an adoption, the amendment of an adoption, or the 26
denial or dismissal of a petition for adoption. 27
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(4) (a) The health history and other nonidentifying background information of 1
biological parents and blood relatives of the adopted person, in writing, on a 2
standardized form, provided by the cabinet, if known, shall be given by the 3
cabinet or child -placing agency which has the information to the adoptive 4
parents and to the Circuit Court not later than the date of finalization of the 5
adoption proceedings. This information shall include the results of any tests 6
for HIV or hepatitis A, B, and C; and 7
(b) The information provided for in paragraph (a) of this subsection, if known, 8
shall, upon the request in person or in writing of the adult adopted person be 9
made available in writing to that person. The information shall not be made 10
available if it is of a nature that would tend to identify the biological parents 11
of the adopted person except as provided in KRS 199.570 and 199.572. 12