Adoption is the process of severing all legal ties, rights, and obligations between the biological parent or parents of a child. It is important to hire an attorney, or at the very least an adoption agency, to make sure that the process is successful because adoption is based solely on the adoption statutes. Therefore, the statutory requirements must be followed, or the adoption could be challenged by a biological parent.
Any individual over the age of eighteen may adopt in Kentucky. Generally, the person to be adopted must have resided continuously in the home of the person seeking to adopt for at least 90 days immediately prior to the filing of the petition. However, since the Cabinet for Health and Family Services is involved in all cases of adoption, they may make recommendations that can change the residency requirement.
In all cases, the Cabinet has to recommend that an adoption is in the best interests of the child. The Cabinet will usually appoint a cabinet worker to conduct interviews and a home inspection. If a biological parent contests an adoption, then the court has to determine what is in the child’s best interest.
As adoptions are controlled entirely by statute, it is very important to have a trusted attorney on your side to navigate the adoption process. Rodriguez Lopez, APC has a former Fayette County Staff Attorney that worked in the Family Law Courts and oversaw many adoption cases. If you are interested in adopting or going through the process of proving paternity, challenging custody, or seek to file for divorce, then please contact a Kentucky family law attorney at Rodriguez Lopez, APC to schedule a consultation to determine whether we can help you.