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Code · Kentucky · Kentucky Revised Statutes

199.570 Adoption records confidential -- Exception -- New birth certificate --

716 words·~3 min read·/ky/199-570

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Change in records.
(a)The files and records of the court during adoption proceedings shall not be
open to inspection by persons other than parties to the proceedings, their
attorneys, and representatives of the cabinet except under order of the court
expressly permitting inspection.
(b)Upon the entry of the final order in the case, the clerk shall place all papers
and records in the case in a suitable envelope which shall be sealed, or a
digital file with restricted access, and shall not be open for inspection by any
person, except as provided in KRS 199.572. Health information received
pursuant to KRS 199.525 shall be added to the adoption case file. The clerk of
the Circuit Court shall set up a separate docket and order book for adoption
cases and these files and records shall be kept locked.
(c)No person having charge of any adoption records shall disclose the names of
any parties appearing in such records or furnish any copy of any such records
to any person or other entity that does not meet the requirements of KRS
199.572, except upon order of the court which entered the judgment of
adoption.
(2)After entry of the adoption judgment, the clerk of the Circuit Court shall promptly
report to the Cabinet for Health and Family Services of Kentucky full information
as called for on forms furnished by the Cabinet for Health and Family Services,
necessary to make a new birth certificate conforming to the standard birth
certificate form. Upon receipt of this information, the Cabinet for Health and
Family Services shall cause to be made a new record of the birth and it shall be
filed with the original certificate, and the original certificate shall be stamped with
the words, "CONFIDENTIAL -- subject to copy and/or inspection only on written
order of the court."
(3)The new certificate shall set forth the new name, if any, of the adopted child, the
names of the adoptive parents, and such other information deemed necessary in
accordance with rules and regulations promulgated by the Cabinet for Health and
Family Services in issuing of birth certificates. If the adopted child is under
eighteen
(18)years of age, the birth certificate shall not contain any information
revealing the child is adopted and shall show the adoptive parent or parents as the
biological parent or parents of the child. If requested by the adoptive parents, the
new birth certificate when issued shall contain the location of birth, hospital, and
name of doctor or midwife. This information should be given only by an order of
the court in which the child was adopted. The new birth certificate shall recite the
residence of the adoptive parents as the birthplace of the child and this shall be
deemed for all legal purposes to be the birthplace of the child. If no birth certificate
is on file for a child born in Kentucky, the Cabinet for Health and Family Services
shall prepare a certificate of birth in accordance with the information furnished the
cabinet by the clerk of the Circuit Court which issued the adoption order. The
Cabinet for Health and Family Services shall furnish to the clerks of the Circuit
Courts the necessary forms to carry out the provisions of this section. If the child
was born in another state, the order of adoption shall be forwarded to the division of
vital statistics of the state concerned to be changed in accordance with the laws of
such state. If the child was born in a foreign country, the report of adoption shall be
returned to the attorney or agency handling the adoption for submission to the
appropriate federal agency.
(4)Thereafter when any copy of the certificate of birth of any child is issued it shall be
a copy of the new certificate of birth, except when an order of the court granting the
judgment of adoption shall request the issuance of the copy of the original
certificate of the child's birth.
(5)If any judgment of adoption is reversed, modified, or vacated in any particular, the
clerk of the Circuit Court shall notify the Cabinet for Health and Family Services of
the reversal or modification and the effect of same, and the cabinet shall make any
necessary changes in its records.
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