(1) The petition shall allege:
(a) The name, date, place of birth, place of residence, and mailing address of each
petitioner, and, if married, the date and place of their marriage;
(b) The name, date, place of birth, place of residence, and mailing address, if
known, of the child sought to be adopted;
(c) Relationship, if any, of the child to each petitioner;
(d) Full name by which the child shall be known after adoption;
(e) A full description of the property, if any, of the child so far as it is known to
the petitioner;
(f) The names of the parents of the child and the address of each living parent, if
known. The name of the biological father of a child born out of wedlock shall
not be given unless paternity is established in a legal action, or unless an
affidavit is filed stating that the affiant is the father of the child. If certified
copies of orders terminating parental rights are filed as provided in subsection
(2) of this section, the name of any parent whose rights have been terminated
shall not be given;
(g) The name and address of the child's guardian, if any, or of the cabinet,
institution, or agency having legal custody of the child;
(h) Any further facts necessary for the location of the person or persons whose
consent to the adoption is required, or whom KRS 199.480 requires to be
made a party to or notified of the proceeding; and
(i) If any fact required by this subsection to be alleged is unknown to the
petitioners, the lack of knowledge shall be alleged.
(2) There shall be filed with the petition certified copies of any orders terminating
parental rights. Any consent to adoption shall be filed prior to the entry of the
adoption judgment.
(3) If the petitioner was not excepted by KRS 199.470(4), a copy of the written
approval of the secretary of the Cabinet for Health and Family Services or the
secretary's designee shall be filed with the petition.
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 159, sec. 37, effective July 14, 2018. -- Amended
2005 Ky. Acts ch. 99, sec. 179, effective June 20, 2005. -- Amended 1998 Ky. Acts
ch. 426, sec. 141, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 5,
effective July 15, 1994. -- Amended 1976 Ky. Acts ch. 243, sec. 1. -- Amended 1974
Ky. Acts ch. 386, sec. 36. -- Created 1950 Ky. Acts ch. 125, sec. 12.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 2003–2026 · leading case:
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
· cites it 4× “[36] KRS 199.490(2). [37] KRS 199.480(1)(b). [38] KRS 199.”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
· cites it 3× “The Cabinet's investigative report should address: (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed adoptive parents are financially able and morally fit to have the care, custody and training of the child; and (c) Whether the…”
A.F. v. L.B., 572 S.W.3d 64 (Ky. Ct. App. 2019).
· cites it 4× “The first requirement of the report is that it state "[w]hether the contents of the petition required by KRS 199.490 are true...." KRS 199.510(1).”
Baker v. Webb, 127 S.W.3d 622 (Ky. 2004).
· cites it 2× “See also KRS 199.490(3) ("[A] copy of the written approval of the secretary of the Cabinet for Families and Children or the secretary's designee shall be filed with the petition.”
E.K. v. T.A., 572 S.W.3d 80 (Ky. Ct. App. 2019).
“The cabinet, or any person, agency or institution designated by it or the court shall, to the extent of available facilities, investigate and report in writing to the court: (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed…”
Storm v. Mullins, 199 S.W.3d 156 (Ky. 2006).
“” 2 KRS 199.490 directs that “[a]ny consent to adoption shall be filed prior to the entry of the adoption judgment.”
S.B.P. v. R.L., 567 S.W.3d 142 (Ky. Ct. App. 2018).
“The cabinet , or any person, agency or institution designated by it or the court shall , to the extent of available facilities, investigate and report in writing to the court : (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed…”
R.M. v. R.B., 281 S.W.3d 293 (Ky. Ct. App. 2009).
“The cabinet, or any person, agency or institution designated by it or the court shall, to the extent of available facilities, investigate and report in writing to the court: (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed…”
Rm v. Rb, 281 S.W.3d 293 (Ky. Ct. App. 2009).
“The cabinet, or any person, agency or institution designated by it or the court shall, to the extent of available facilities, investigate and report in writing to the court: (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed…”
K.D.Y. v. W.F. (Ky. Ct. App. 2025).
“KRS 199.490 governs the content of the adoption petition itself.”
G.G. v. Cabinet for Health & Fam. Servs. (Ky. 2025).
“Specifically, the Cabinet must report to the trial court (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed adoptive parents are financially able and morally fit to have the care, custody and training of the child; and (c) Whether…”
A.B. v. G.M.E. (Ky. Ct. App. 2026).
“The cabinet, or any person, agency or institution designated by it or the court shall, to the extent of available facilities, investigate and report in writing to the court: (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed…”
— Ky. Rev. Stat. § 199.490(2) — 1 case
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
“[36] KRS 199.490(2). [37] KRS 199.480(1)(b). [38] KRS 199.”
— Ky. Rev. Stat. § 199.490(3) — 2 cases
Baker v. Webb, 127 S.W.3d 622 (Ky. 2004).
“See also KRS 199.490(3) ("[A] copy of the written approval of the secretary of the Cabinet for Families and Children or the secretary's designee shall be filed with the petition.”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
“The Cabinet's investigative report should address: (a) Whether the contents of the petition required by KRS 199.490 are true; (b) Whether the proposed adoptive parents are financially able and morally fit to have the care, custody and training of the child; and (c) Whether the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.