The 5 Kentucky Adoption Laws You Need to Know

Adoption laws vary in each state. Everything from a birth father's rights to open adoption can be different from state to state. We've gathered the five most important Kentucky adoption laws you need to know about when considering this for your family.

Top 5 Kentucky Adoption Laws

Birth Father's Legal Rights

Does my baby's father have to agree to the adoption in Kentucky?

The consent of the father is required if the child was born in wedlock or if paternity is established, unless:

  • The parental rights have been terminated
  • The parent has been found mentally disabled
  • The parent has abandoned the child
  • The parent has abused the child
  • The parent has failed to provide for the child; or
  • The parent has harmed another child

Ky.Rev.Stat. § 199.500 (2020)

In Kentucky, acknowledgment of paternity is voluntary for a putative father.

Ky.Rev.Stat. § 213.046 (2020) 

Ky. Cabinet for Health and Fam. Servs., Putative Father Search and Registry

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Expectant/Birth Mother Living Expenses

Can I get help with my living expenses during my pregnancy in a Kentucky adoption?

In Kentucky, an expectant mother may receive money for expenses.

Ky.Rev.Stat. § 199.590(6)(a) (2020)

Separate Legal Representation

Will I be offered my own Kentucky adoption lawyer?

In Kentucky, an attorney may not represent both the adoptive parents and the biological parent or parents in an adoption proceeding.

Ky.Rev.Stat. § 199.492 (2020) 

Open Adoption

How does Open Adoption work in Kentucky?

This issue is not addressed under Kentucky law. This means that any agreement about open adoption in Kentucky is based only on a promise, and will not be enforced by a court. It's still very important that whatever you agree to is written down and signed by everyone.

Click here for a map showing which states enforce open adoption agreements.

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How does Consent to Adoption work in Kentucky?

How does the legal process for adoption work in Kentucky?

Consent may be given seventy-two hours after the birth of the child.

Ky.Rev.Stat. § 199.500(5) (2020)

How long will I have to change my mind about adoption in Kentucky?

Consent becomes irrevocable seventy-two hours after consent is given.

Ky.Rev.Stat. § 199.500(5) (2020) 

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