Adopting a Child in Kentucky

Any person who is 18 and a Kentucky resident, or who has lived in Kentucky for the 12 months before filing, may petition the Circuit Court of the county where the petitioner lives. A married petitioner's spouse must join the petition unless the petitioner is married to the child's biological parent (the court may waive this if it would deny the child a suitable home). Except for agency or Cabinet placements, the child must have lived in the petitioner's home for at least 90 days before filing, and the child must have been placed by an agency or the Cabinet or with the Cabinet secretary's written approval. The living parents (or the mother, and a father whose paternity is established) must give voluntary and informed consent, which cannot be given until 72 hours after birth and becomes irrevocable 72 hours after signing; a child 12 or older must consent in court unless the court waives it. After filing, the Cabinet or a designee investigates and reports to the court on the petition, the adoptive parents' fitness and the child's best interest.

A stepparent does not need the Cabinet secretary's written placement approval, and a married petitioner adopting a spouse's child does not need the spouse to join the petition. The court may, in its discretion, order an investigation report and a background check. Consent of the child's living parents is still required unless an exception applies, such as termination of parental rights or proof of grounds listed in KRS 625.090. The 90-day residence-before-filing rule applies to adoptions not placed by an agency or the Cabinet.