Kentucky

Kentucky

Adoption

Access to Adoption Records

Who May Access Information

Citation: Rev. Stat. §§ 199.520; 199.572; 199.575Nonidentifying information may be provided to:

  • The adopted person who is age 18 or older
  • The adoptive parents

Identifying information is accessible to:

  • The adopted person who is age 18 or older
  • A birth sibling who is age 18 or older
  • A birth parent

Access to Nonidentifying Information
Citation: Rev. Stat. § 199.520

The health history and other nonidentifying background information of the birth parents and blood relatives of the adopted person shall be given to the adoptive parents and the court no later than the date of finalization of the adoption proceedings.The information shall be made available upon the request, in person or in writing, of the adult adopted person. The information shall not be made available if it is of a nature that would tend to identify the birth parents of the adopted person, except as provided in §§ 199.570 and 199.572.

Mutual Access to Identifying Information
Citation: Rev. Stat. §§ 199.572; 199.575

If the birth parents have given consent, the adult adopted person may inspect the records pertaining to his or her adoption proceedings upon written request. If the birth parents have not given consent, the Cabinet for Health and Family Services may notify the birth parents that the adult adopted person has made a request for information. The notification shall be by personal and confidential contact, without disclosing the identity of the adult adopted person.

If, after a diligent effort, the secretary of the cabinet certifies that both birth parents identified in the original birth certificate are deceased or is unable to locate the parents, then a judge may order that all adoption records shall be open for inspection to the adult adopted person. In any case, the court shall order that only identifying information about the birth parents be shared with the adult adopted person.

In situations where a preadoptive brother or sister relationship existed, and one or more of these siblings was then adopted, the following procedures shall be followed on an inquiry by one or more of the siblings to the cabinet seeking information about his brother or sister:

  • In all cases, an adopted person age 18 or older or a preadoptive sibling age 18 or older may file information with the cabinet about himself or herself, his or her present location, and his or her known antecedents, stating his or her interest in being reunited with his or her preadoptive siblings and authorizing the cabinet to release such information to any preadoptive siblings who may make similar inquiry.
  • In any case in which a person age 18 or older requests information about or expresses a desire in being reunited with a preadoptive sibling, the cabinet shall first determine whether the sibling has made similar inquiry. If the sibling has previously authorized release of information, the cabinet shall release the information to the sibling making inquiry.

Access to Original Birth Certificate
Citation: Rev. Stat. § 199.570

The original birth certificate is available only upon court order.

Where the Information Can Be Located

Department for Community Based Services, Kentucky Cabinet for Families and Children

Collection of Family Information About Adopted Persons and Their Birth Families

Agency or Person Preparing the Report
Citation: Rev. Stat. § 199.510
The investigation and report may be completed by the Cabinet for Health and Family Services or any person, agency, or institution designated by it or the court.Contents of Report About the Adopted Person
Citation: Rev. Stat. § 199.510
The report shall address whether the adoption is in the best interests of the child and the child is suitable for adoption.

Contents of Report About the Birth Family
Citation: Rev. Stat. § 199.520
The health histories and other nonidentifying background information of birth parents and blood relatives of the adopted person, in writing, on a standardized form, provided by the cabinet, if known, shall be given by the cabinet or child-placing agency that has the information to the adoptive parents and to the circuit court no later than the date of finalization of the adoption proceedings. This information shall include the results of any tests for HIV or hepatitis A, B, and C.

When the Report Is Made
Citation: Rev. Stat. § 199.510
The report shall be filed with the court as soon as practicable but no later than 90 days from the placement of the child or 90 days after the filing date of the petition, whichever is longer, unless for good cause the court by written order extends the period of time for filing the report.

Exceptions for Stepparent or Relative Adoptions

This issue is not addressed in the statutes reviewed.

Intestate Inheritance Rights for Adopted Children

Birth Parents in Relation to Adopted Person
Citation: Rev. Stat. § 199.520
Upon granting an adoption, all legal relationships between the adopted child and the birth parents shall be terminated, except the relationship of a birth parent who is the spouse of an adoptive parent.Adoptive Parents in Relation to Adopted Person
Citation: Rev. Stat. § 199.520
Upon entry of the judgment of adoption, the child shall be deemed the child of the petitioners and shall be considered for purposes of inheritance and succession and for all other legal considerations, the birth child of the parents adopting him or her as if he or she had been born to them.

Adopted Persons Who Are Not Included in a Will
Citation: Rev. Stat. § 394.382
If a testator fails to provide in his or her will for any of his or her children who were adopted after the execution of his or her will, the omitted child receives a share in the estate equal in value to that which he or she would have received if the testator had died intestate unless:

  • It appears from the will that the omission was intentional.
  • When the will was executed, the testator had one or more children and bequeathed substantially all his or her estate to the other parent of the omitted child.
  • The testator provided for the child by transfers outside the will with the intent that the transfers be in lieu of a testamentary provision.

State Recognition of Intercountry Adoptions Finalized Abroad

Effect and Recognition of a Foreign Adoption Decree
Citation: Rev. Stat. § 199.585(1)-(2)The Commonwealth of Kentucky shall recognize a decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country when the child to be adopted has been approved for U.S. citizenship or as otherwise provided by Federal law.Upon presentation of an original decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country, the secretary or his or her designee shall issue, within 30 days, a certified notice that the foreign adoption is registered in the Commonwealth of Kentucky. The secretary or his or her designee may require a translated copy if the original decree, judgment, or final order is not in English. The cabinet shall maintain all records and notices of foreign adoptions in a manner similar to other adoption records.

Readoption After an Intercountry Adoption
Citation: Rev. Stat. § 199.585(3)

A petition for adoption under § 199.470 shall be required for a child born outside the United States without a decree, judgment, or final order of adoption issued by a court or other governmental authority with appropriate jurisdiction in a foreign country, or for any child born outside of the United States who does not qualify for U.S. citizenship upon entry into the United States.

Application for a U.S. Birth Certificate
Citation: Rev. Stat. § 213.056(2)

The State Registrar will prepare a record of foreign birth for a foreign-born child who was adopted by a State resident and whose record of birth cannot be obtained from the country of birth. The certificate will state that it is not evidence of U.S. citizenship for the child.


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