199.502 Conditions necessary for adoption without consent of child's biological
702 words·~3 min read·
/ky/199-502A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
living parents -- Court decision -- Representation of biological parent.
(1)Notwithstanding the provisions of KRS 199.500(1), an adoption may be granted
without the consent of the biological living parents of a child if it is pleaded and
proved as part of the adoption proceeding that any of the following conditions exist
with respect to the child:
(a)That the parent has abandoned the child for a period of not less than ninety
(90)days;
(b)That the parent had inflicted or allowed to be inflicted upon the child, by other
than accidental means, serious physical injury;
(c)That the parent has continuously or repeatedly inflicted or allowed to be
inflicted upon the child, by other than accidental means, physical injury or
emotional harm;
(d)That the parent has been convicted of a felony that involved the infliction of
serious physical injury to a child named in the present adoption proceeding;
(e)That the parent, for a period of not less than six
(6)months, has continuously
or repeatedly failed or refused to provide or has been substantially incapable
of providing essential parental care and protection for the child, and that there
is no reasonable expectation of improvement in parental care and protection,
considering the age of the child;
(f)That the parent has caused or allowed the child to be sexually abused or
exploited;
(g)That the parent, for reasons other than poverty alone, has continuously or
repeatedly failed to provide or is incapable of providing essential food,
clothing, shelter, medical care, or education reasonably necessary and
available for the child's well-being and that there is no reasonable expectation
of significant improvement in the parent's conduct in the immediately
foreseeable future, considering the age of the child;
(h)That:
1. The parent's parental rights to another child have been involuntarily
terminated;
2. The child named in the present adoption proceeding was born
subsequent to or during the pendency of the previous termination; and
3. The condition or factor which was the basis for the previous termination
finding has not been corrected;
(i)That the parent has been convicted in a criminal proceeding of having caused
or contributed to the death of another child as a result of physical or sexual
abuse or neglect; or
(j)That the parent is a putative father, as defined in KRS 199.503, who fails to
register as the minor's putative father with the putative father registry
established under KRS 199.503 or the court finds, after proper service of
notice and hearing, that:
1. The putative father is not the father of the minor;
2. The putative father has willfully abandoned or willfully failed to care for
and support the minor; or
3. The putative father has willfully abandoned the mother of the minor
during her pregnancy and up to the time of her surrender of the minor, or
the minor's placement in the home of the petitioner, whichever occurs
first.
(2)Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter
findings of fact, conclusions of law, and a decision either:
(a)Granting the adoption without the biological parent's consent; or
(b)Dismissing the adoption petition, and stating whether the child shall be
returned to the biological parent or the child's custody granted to the state,
another agency, or the petitioner.
(3)A biological living parent has the right to legal representation in an adoption
wherein he or she does not consent. The Circuit Court shall determine if a
biological living parent is indigent and, therefore, entitled to counsel pursuant KRS
Chapter 31. If the Circuit Court so finds, the Circuit Court shall inform the indigent
parent; and, upon request, if it appears reasonably necessary in the interest of
justice, the Circuit Court shall appoint an attorney to represent the biological living
parent pursuant to KRS Chapter 31 to be provided or paid for by:
(a)The petitioner, a fee to be set by the court and not to exceed five hundred
dollars ($500); or
(b)The Finance and Administration Cabinet if the petitioner is a blood relative or
fictive kin as established in KRS 199.470(4)(a), a fee to be set by the court
and not to exceed five hundred dollars ($500).