199.500 Consent to adoption.

364 words·~2 min read·/ky/chapter-199/199-500

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1)An adoption shall not be granted without the voluntary and informed consent,

as defined in KRS 199.011, of the living parent or parents of a child born in

lawful wedlock or the mother of the child born out of wedlock, or the father of

the child born out of wedlock if paternity is established in a legal action or if an

affidavit is filed stating that the affiant is the father of the child, except that the

consent of the living parent or parents shall not be required if:

(a)The parent or parents have been adjudged mentally disabled and the

judgment shall have been in effect for not less than one

(1)year prior to

the filing of the petition for adoption;

(b)The parental rights of the parents have been terminated under KRS

Chapter 625;

(c)The living parents are divorced and the parental rights of one

(1)parent

have been terminated under KRS Chapter 625 and consent has been

given by the parent having custody and control of the child; or

(d)The biological parent has not established parental rights as required by

KRS 625.065.

(2)A minor parent who is a party defendant may consent to an adoption but a

guardian ad litem for the parent shall be appointed.

(3)In the case of a child twelve

(12)years of age or older, the consent of the child

shall be given in court. The court in its discretion may waive this requirement.

(4)Notwithstanding the provisions of subsection

(1)of this section, an adoption

may be granted without the consent of the biological living parents of a child if it

is pleaded and proved as a part of the adoption proceedings that any of the

provisions of KRS 625.090 exist with respect to the child.

(5)An adoption shall not be granted or a consent for adoption be held valid if the

consent for adoption is given prior to seventy-two

(72)hours after the birth of

the child. A voluntary and informed consent may be taken at seventy-two

hours after the birth of the child and shall become final and irrevocable

seventy-two

(72)hours after it is signed.