199.572 Inspection of adoption records -- Limitations.
873 words·~4 min read·
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(a)At the time the biological parents give up the child for adoption, they shall be
asked by the cabinet whether they consent to the inspection of the adoption
records by an adult person described in subsection
(3)of this section, to
personal contact by the child when he or she becomes an adult, or to both. If
consent is given at that time, it can later be revoked. If consent is withheld at
that time, the biological parents may give consent at any later time.
(b)The initial written statement of consent or refusal of consent to inspection of
records or personal contact shall be filed with the Circuit Court not later than
the date of finalization of the adoption proceedings. When a written consent is
on file, the records shall be available to an adult person described in
subsection
(3)of this section, upon his or her request therefor in writing.
(2)When any adult adopted person applies in person or in writing to the Circuit Court
for authorization to inspect all papers and records pertaining to the adoption
proceedings of that adult adopted person as provided in KRS 199.570(1), the court
shall, if satisfied as to the identity of the adult adopted person, authorize the adult
adopted person to inspect the papers and records.
(3)When any adult person who is the child, grandchild, or sibling of a deceased
biological parent who gave a child up for adoption under this chapter, or who is the
child, grandchild, or sibling of a deceased adoptee who was given up for adoption
under this chapter, applies in person or in writing to the Circuit Court for
authorization to inspect all papers and records pertaining to the adoption
proceedings of that deceased biological parent or deceased adoptee who was part of
an adoption proceeding in accordance with KRS 199.570, the court may, if satisfied
as to the identity of the adult person and that each biological parent who gave a
child up for the adoption listed in the petition is deceased or has given consent to
the inspection pursuant to this section, authorize the adult person to inspect the
papers and records.
(a)The Circuit Court shall, within seven
(7)working days of the receipt of the
request, direct the secretary of the cabinet to notify each biological parent
identified on the adult adopted person's original birth certificate that the adult
adopted person or other adult person described in subsection
(3)of this
section has applied to the court for information identifying the biological
parent. Within six
(6)months of receiving the notice of the request, the
secretary of the cabinet shall make complete and reasonable efforts to notify
each biological parent identified on the adult adopted person's original birth
certificate.
(b)The secretary may charge a reasonable fee not to exceed two hundred fifty
dollars ($250) for making this search. Every child-caring facility and child-
placing agency in the Commonwealth shall cooperate with the secretary in his
or her efforts to notify these biological parents.
(5)If the cabinet utilizes the services of another person or entity to perform a search
under subsection
(4)of this section, the cabinet shall enter into a formal contract
with that person or entity. A person or entity contracted to perform a search shall be
licensed under the provisions of KRS Chapter 329A.
(6)The notification of the biological parents shall not be by mail and shall be by
personal and confidential contact by the cabinet. The notification shall be done
without disclosing the identity of the adult adopted person or other adult person
described in subsection
(3)of this section. The personal and confidential contact
with the biological parents shall be evidenced by filing with the Circuit Court an
affidavit of notification executed by the person who notified each parent and
certifying each parent was given the following information:
(a)The nature of the information requested;
(b)The date of the request;
(c)The right of the biological parent to file, within sixty
(60)days of receipt of
the notice, an affidavit with the Circuit Court stating that an adult person
described in subsection
(3)of this section shall be authorized to inspect all
papers and records pertaining to the adoption proceedings;
(d)The right of the biological parent to file at any time an affidavit authorizing an
adult person described in subsection
(3)of this section to inspect all papers
and records pertaining to the adoption proceedings; and
(e)The right of a biological parent to file an affidavit with the Circuit Court
stating that all papers and records pertaining to the adoption proceedings shall
not be open for inspection by an adult person described in subsection
(3)of
this section.
(7)If after diligent and reasonable effort, the secretary of the cabinet certifies that both
biological parents identified in the original birth certificate are deceased or the
secretary is unable to locate said parents, then a judge of the Circuit Court, upon
motion of an adult person described in subsection
(3)of this section, may order that
all papers and records of the cabinet and those of the Circuit Court pertaining to the
adoption shall be open for inspection to that person.