199.470 Petition for adoption of child -- Parties -- Residence requirement --
369 words·~2 min read·
/ky/199-470A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Approval of secretary -- Exceptions.
(1)Any person who is eighteen
(18)years of age and who is a resident of this state or
who has resided in this state for twelve
(12)months next before filing may file a
petition for leave to adopt a child in the Circuit Court of the county in which the
petitioner resides.
(2)If the petitioner is married, the husband or wife shall join in a petition for leave to
adopt a child unless the petitioner is married to a biological parent of the child to be
adopted, except that if the court finds the requirement of a joint petition would serve
to deny the child a suitable home, the requirement may be waived.
(3)If a child is placed for adoption by the cabinet, by an agency licensed by the cabinet,
or with written approval by the secretary of the cabinet, the petition may be filed at
the time of placement. In all other adoptions, the petition shall not be filed until the
child has resided continuously in the home of the petitioner for at least ninety
days immediately prior to the filing of the adoption petition.
(4)No petition for adoption shall be filed unless prior to the filing of the petition the
child sought to be adopted has been placed for adoption by a child-placing
institution or agency, or by the cabinet, or the child has been placed with written
approval of the secretary; but no approval shall be necessary in the case of:
(a)A child sought to be adopted by a blood relative, including a relative of half-
blood, first cousin, aunt, uncle, nephew, niece, and a person of a preceding
generation as denoted by prefixes of grand, great, or great-great; stepparent;
stepsibling; or fictive kin; however, the court in its discretion may order a
report in accordance with KRS 199.510 and a background check as provided
in KRS 199.473(8);
(b)A child received by the proposed adopting parent or parents from an agency
without this state with the written consent of the secretary;
(c)A child adopted under the provisions of KRS 199.585(1); or
(d)A child who has been approved under KRS Chapter 615.