Understanding Kentucky Adoption Laws
U.S. states are individually responsible for regulating their own adoption laws, so laws for adoption in Kentucky are set by the state itself.
You can call 1-800-ADOPTION to receive free information about Kentucky adoption with our agency. However, you will need to reach out to a local adoption attorney for more information on Kentucky adoption laws.
Many families adopting with a national adoption agency will adopt outside of Kentucky and may wish to get to know a bit about the expectant mother’s home state's adoption laws once they enter into an adoption opportunity.
The following information is not intended as legal advice, but will offer you a basic overview of how domestic adoption laws in Kentucky may affect your Kentucky adoption process:
Who Can Adopt in Kentucky?
Qualifying adults who are 18 or older may adopt in Kentucky. Those who are married must adopt jointly with their spouse, except in the case of stepparent adoptions.
Unmarried individuals may adopt on their own. There are no adoption laws in Kentucky regarding same-sex couples, except that they must also adopt jointly if they are married, the same as opposite-sex couples.
All potential adoptive parents must be cleared by a Kentucky adoption home study, which includes criminal background checks, interviews, home visits and more.
In addition to adhering to the standard adoption laws in Kentucky, prospective parents must meet the adoption requirements set forth by the individual adoption professional that they wish to work with, as well as the requirements for the type of adoption they wish to pursue.
Who Can Be Adopted in Kentucky?
Before a minor can be eligible for adoption in Kentucky, they must have their biological parents’ legal parental rights terminated.
Termination of parental rights occurs voluntarily when an expectant mother creates an adoption plan for her baby through an adoption agency. Kentucky adoption laws require birth parents to wait a minimum of 72 hours after the birth of their child to offer their consent to the adoption.
Adults and children who are 12 years old or older must consent to be adopted.
Kentucky Adoption Laws about Advertising
It’s illegal to advertise for adoption in Kentucky in any sense; be it adoptive parents advertising for a child or expectant mother, or expectant parents advertising for adoptive parents for their child.
Kentucky Adoption Laws about Birth Parent Expenses
Reasonable prospective birth parent expenses assist expectant mothers in Kentucky with the costs of pregnancy and childbirth. States regulate what type of expenses are allowed to be paid to birth parents, and how much. In Kentucky, adoptive families are responsible for financing:
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Fees for legal services
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Cost of placement services
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Expenses of the birth parents
American Adoptions offers a Risk-Sharing Program to financially protect adoptive parents from potential adoption disruptions. Kentucky adoption laws do not require birth families to repay any paid expenses if they decide to parent their child.
Birth parent expenses are reviewed and approved by a Kentucky judge to ensure that the costs are deemed reasonable. Remember that birth parent expenses can vary depending on their individual needs, as some expectant mothers will have greater financial need than others.
It’s illegal to exchange payment in any form for the placement of a child. This includes money, gifts or favors.
Call 1-800-ADOPTION now to learn more about the adoption process in Kentucky with our agency. Please reach out to a local adoption attorney for more information on which Kentucky adoption laws may apply to your situation.
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