Kentucky Adoption Laws, Page 3

Who Must Consent to an Adoption

Statute: § 199.500

  • The parents or surviving parent of a child born in wedlock
  • The mother
  • The father, if he is married to the mother or otherwise has established paternity
  • A guardian ad litem must be appointed for a minor parent.

Age When Consent of Adoptee is Considered or Required

Statute: § 199.500

  • A child 12 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute: §§ 199.500; 199.502

  • A parent:

    • Has abandoned or failed to support the child for a period of not less than 90 days
    • Has inflicted serious injury or allowed the child to be sexually abused
    • Has had parental rights to the child or another child terminated
    • Has been adjudicated as mentally disabled

When Consent Can Be Executed

Statute: § 199.500

  • Consent is invalid if given prior to 72 hours after the child's birth.

How Consent Must Be Executed

Statute: § 625.040

  • A petition for voluntary termination of parental rights shall be filed in the circuit court of the county where petitioner resides.

Revocation of Consent

Statute: § 199.500

  • Consent shall become final 20 days after an approved placement is made, or 20 days after execution of the consent, whichever is later.

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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