Approval of secretary -- Exceptions.
(1) Any person who is eighteen (18) years of age and who is a resident of this state or who has resided in this state for twelve (12) months next before filing may file a petition for leave to adopt a child in the Circuit Court of the county in which the petitioner resides.
(2) If the petitioner is married, the husband or wife shall join in a petition for leave to adopt a child unless the petitioner is married to a biological parent of the child to be adopted, except that if the court finds the requirement of a joint petition would serve to deny the child a suitable home, the requirement may be waived.
(3) If a child is placed for adoption by the cabinet, by an agency licensed by the cabinet, or with written approval by the secretary of the cabinet, the petition may be filed at the time of placement. In all other adoptions, the petition shall not be filed until the child has resided continuously in the home of the petitioner for at least ninety (90) days immediately prior to the filing of the adoption petition.
(4) No petition for adoption shall be filed unless prior to the filing of the petition the child sought to be adopted has been placed for adoption by a child-placing institution or agency, or by the cabinet, or the child has been placed with written approval of the secretary; but no approval shall be necessary in the case of:
(a) A child sought to be adopted by a blood relative, including a relative of half- blood, first cousin, aunt, uncle, nephew, niece, and a person of a preceding generation as denoted by prefixes of grand, great, or great-great; stepparent; stepsibling; or fictive kin; however, the court in its discretion may order a report in accordance with KRS 199.510 and a background check as provided in KRS 199.473(8);
(b) A child received by the proposed adopting parent or parents from an agency without this state with the written consent of the secretary;
(c) A child adopted under the provisions of KRS 199.585(1); or
(d) A child who has been approved under KRS Chapter 615. Effective: July 14, 2018 History: Amended 2018 Ky. Acts ch. 159, sec. 4, effective July 14, 2018. -- Amended 2005 Ky. Acts ch. 175, sec. 1, effective June 20, 2005; and ch. 68, sec. 2, effective June 20, 2005. -- Amended 1994 Ky. Acts ch. 242, sec. 2, effective July 15, 1994. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 107(21); and ch. 121, sec. 1. -- Amended 1968 Ky. Acts ch. 100, sec. 3. -- Amended 1964 Ky. Acts ch. 182, sec. 1(1) to (5). -- Amended 1962 Ky. Acts ch. 211, sec. 3. -- Created 1950 Ky. Acts ch. 125, sec. 10.
Notes of Decisions
Cited in
43
cases (
7 in the last 5 years), 1954–2026 · leading case:
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
· cites it 6× “8 *498 We begin with KRS 199.470. This statute contains the basic requirements that must be satisfied to petition for adoption in this Commonwealth.”
Baker v. Webb, 127 S.W.3d 622 (Ky. 2004).
· cites it 6× “However, KRS 199.470 merely sets out those individuals by exempting them from the requirement that anyone seeking to adopt a child obtain written approval from the Secretary of the Cabinet.”
B.L. v. J.S., 434 S.W.3d 61 (Ky. Ct. App. 2014).
· cites it 8× “Requisite Familial Relationship Biological Father’s final assignment of error is the circuit court erred by granting the petition for adoption because the Adoptive Parents did not have the requisite familial relationship to adopt Mi *69 nor Child pursuant to KRS 199.470. This…”
Day v. Day, 937 S.W.2d 717 (Ky. 1997).
· cites it 7× “A prerequisite to filing a petition for adoption is fulfilling the residency requirements of KRS 199.470. Wright v. Howard, Ky.App., 711 S.”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008).
· cites it 16× “As stated in her guardian ad li-tem report, delivered in open court during the adoption hearing itself, the court has ruled that this Petition for adoption may be granted pursuant to KRS 199.470 and that the requirements of KRS 199.”
E.K. v. T.A., 572 S.W.3d 80 (Ky. Ct. App. 2019).
· cites it 4× “KRS 199.470 clearly details the petitioners required for an adoption.”
Commonwealth, Dep't of Child Welfare v. Jarboe, 464 S.W.2d 287 (Ky. Ct. App. 1971).
· cites it 8× “The fact that the Department did not make a motion to dismiss does not in any way abrogate the legislative intent found in KRS 199.470 and will not permit the court to thwart that intent.”
Smith v. Wilson, 269 S.W.2d 255 (Ky. Ct. App. 1954).
· cites it 5× “KRS 199.470. It is provided in KRS 199.500 that no adoption shall be granted without the consent of the mother of a child born out of wedlock except, inter alia, that such consent shall not be required, subsection (1) (b), if "The parental rights of such parents have been…”
In the Matter of the Adoption Of: Atws, Minor Child, Ka v., 2021 WY 62 (Wyo. 2021).
“, Ky. Rev. Stat. Ann. § 199.470 (2) (“If the petitioner is married, the husband or wife shall join in a petition for leave to adopt a child unless the petitioner is married to a biological parent of the child to be adopted, except that if the court finds the requirement of a…”
McNames v. Corum, 683 S.W.2d 246 (Ky. 1985).
· cites it 2× “The adoption proceeding was dismissed as premature under KRS 199.470(3), which appellants concede was correct.”
Edmands v. Tice, 324 S.W.2d 491 (Ky. Ct. App. 1958).
· cites it 2× “530(2), provides, in part: "Any child adopted pursuant to the provisions of KRS 199.470 to 199.520 shall be considered, for purposes of inheritance and succession and for all other legal considerations, the natural, legitimate child of the parents adopting it.”
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018).
“Even though there was no dispute that the Harlan Circuit Court had the authority to grant adoptions, the Kentucky Supreme Court held that the 90-day period was a jurisdictional perquisite that could not be waived or satisfied by agreement: Both versions of the statute ( KRS…”
— Ky. Rev. Stat. § 199.470(1) — 5 cases
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
“8 *498 We begin with KRS 199.470. This statute contains the basic requirements that must be satisfied to petition for adoption in this Commonwealth.”
— Ky. Rev. Stat. § 199.470(2) — 3 cases
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
“8 *498 We begin with KRS 199.470. This statute contains the basic requirements that must be satisfied to petition for adoption in this Commonwealth.”
— Ky. Rev. Stat. § 199.470(3) — 8 cases
Day v. Day, 937 S.W.2d 717 (Ky. 1997).
“A prerequisite to filing a petition for adoption is fulfilling the residency requirements of KRS 199.470. Wright v. Howard, Ky.App., 711 S.”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
“8 *498 We begin with KRS 199.470. This statute contains the basic requirements that must be satisfied to petition for adoption in this Commonwealth.”
McNames v. Corum, 683 S.W.2d 246 (Ky. 1985).
“The adoption proceeding was dismissed as premature under KRS 199.470(3), which appellants concede was correct.”
Officer v. Blankenship, 555 S.W.3d 449 (Ky. Ct. App. 2018).
“Even though there was no dispute that the Harlan Circuit Court had the authority to grant adoptions, the Kentucky Supreme Court held that the 90-day period was a jurisdictional perquisite that could not be waived or satisfied by agreement: Both versions of the statute ( KRS…”
— Ky. Rev. Stat. § 199.470(4) — 12 cases
Baker v. Webb, 127 S.W.3d 622 (Ky. 2004).
“However, KRS 199.470 merely sets out those individuals by exempting them from the requirement that anyone seeking to adopt a child obtain written approval from the Secretary of the Cabinet.”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
“8 *498 We begin with KRS 199.470. This statute contains the basic requirements that must be satisfied to petition for adoption in this Commonwealth.”
Commonwealth, Dep't of Child Welfare v. Jarboe, 464 S.W.2d 287 (Ky. Ct. App. 1971).
“The fact that the Department did not make a motion to dismiss does not in any way abrogate the legislative intent found in KRS 199.470 and will not permit the court to thwart that intent.”
B.L. v. J.S., 434 S.W.3d 61 (Ky. Ct. App. 2014).
“Requisite Familial Relationship Biological Father’s final assignment of error is the circuit court erred by granting the petition for adoption because the Adoptive Parents did not have the requisite familial relationship to adopt Mi *69 nor Child pursuant to KRS 199.470. This…”
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008).
“As stated in her guardian ad li-tem report, delivered in open court during the adoption hearing itself, the court has ruled that this Petition for adoption may be granted pursuant to KRS 199.470 and that the requirements of KRS 199.”
— Ky. Rev. Stat. § 199.470(4)(a) — 8 cases
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008).
“As stated in her guardian ad li-tem report, delivered in open court during the adoption hearing itself, the court has ruled that this Petition for adoption may be granted pursuant to KRS 199.470 and that the requirements of KRS 199.”
E.K. v. T.A., 572 S.W.3d 80 (Ky. Ct. App. 2019).
“KRS 199.470 clearly details the petitioners required for an adoption.”
B.L. v. J.S., 434 S.W.3d 61 (Ky. Ct. App. 2014).
“Requisite Familial Relationship Biological Father’s final assignment of error is the circuit court erred by granting the petition for adoption because the Adoptive Parents did not have the requisite familial relationship to adopt Mi *69 nor Child pursuant to KRS 199.470. This…”
— Ky. Rev. Stat. § 199.470(6) — 1 case
— Ky. Rev. Stat. § 199.470(l) — 1 case
S.J.L.S. v. T.L.S., 265 S.W.3d 804 (Ky. Ct. App. 2008).
“As stated in her guardian ad li-tem report, delivered in open court during the adoption hearing itself, the court has ruled that this Petition for adoption may be granted pursuant to KRS 199.470 and that the requirements of KRS 199.”
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