(1) An adoption shall not be granted without the voluntary and informed consent, as defined in KRS 199.011, of the living parent or parents of a child born in lawful wedlock or the mother of the child born out of wedlock, or the father of the child born out of wedlock if paternity is established in a legal action or if an affidavit is filed stating that the affiant is the father of the child, except that the consent of the living parent or parents shall not be required if:
(a) The parent or parents have been adjudged mentally disabled and the judgment shall have been in effect for not less than one (1) year prior to the filing of the petition for adoption;
(b) The parental rights of the parents have been terminated under KRS Chapter 625;
(c) The living parents are divorced and the parental rights of one (1) parent have been terminated under KRS Chapter 625 and consent has been given by the parent having custody and control of the child; or
(d) The biological parent has not established parental rights as required by KRS 625.065.
(2) A minor parent who is a party defendant may consent to an adoption but a guardian ad litem for the parent shall be appointed.
(3) In the case of a child twelve (12) years of age or older, the consent of the child shall be given in court. The court in its discretion may waive this requirement.
(4) Notwithstanding the provisions of subsection (1) of this section, an adoption may be granted without the consent of the biological living parents of a child if it is pleaded and proved as a part of the adoption proceedings that any of the provisions of KRS 625.090 exist with respect to the child.
(5) An adoption shall not be granted or a consent for adoption be held valid if the consent for adoption is given prior to seventy-two (72) hours after the birth of the child. A voluntary and informed consent may be taken at seventy-two (72) hours after the birth of the child and shall become final and irrevocable seventy-two (72) hours after it is signed. Effective:June 27, 2019 History: Amended 2019 Ky. Acts ch. 33, sec. 4, effective June 27, 2019. -- Amended 2018 Ky. Acts ch. 159, sec. 42, effective July 14, 2018. -- Amended 2001 Ky. Acts ch. 69, sec. 2, effective June 21, 2001. -- Amended 1998 Ky. Acts ch. 426, sec. 142, effective July 15, 1998. -- Amended 1994 Ky. Acts ch. 242, sec. 6, effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 423, sec. 189, effective July 1, 1987. -- Amended 1984 Ky. Acts ch. 16, sec. 4, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 141, sec. 65, effective July 1, 1982. -- Amended 1980 Ky. Acts ch. 188, sec. 184, effective July 15, 1980; and ch. 396, sec. 20, effective July 1, 1982. -- Amended 1978 Ky. Acts ch. 137, sec. 7, effective June 17, 1978. -- Amended 1974 Ky. Acts ch. 386, sec. 37. -- Created 1950 Ky. Acts ch. 125, sec. 13. Legislative Research Commission Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 146, which was to have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184 repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.
Notes of Decisions
Cited in
49
cases (
11 in the last 5 years), 1954–2026 · leading case:
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
· cites it 10× “[38] KRS 199.500(1). [39] KRS 199.480(1)(b). [40] KRS 199.”
A.F. v. L.B., 572 S.W.3d 64 (Ky. Ct. App. 2019).
· cites it 7× “191) § 6, amending KRS 199.500 as the statute reads, in this regard, today).”
Wright v. Howard, 711 S.W.2d 492 (Ky. Ct. App. 1986).
· cites it 8× “Among the many statutes governing adoption actions is KRS 199.500 titled “Consent to adoption”.”
Adoptive Couple v. Baby Girl, 570 U.S. 637 (2013).
· cites it 2× “1, 25–6–4 (Allen Smith 1976) (natural father’s consent required if mother identifies him or if paternity is judicially established); Ky. Rev. Stat. Ann. §§199.500 , 199.607 (Bobbs-Merrill Supp.”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
· cites it 3× “"Upon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated except the relationship of a biological parent who is the spouse of an adoptive parent.”
B.L. v. J.S., 434 S.W.3d 61 (Ky. Ct. App. 2014).
· cites it 5× “Standard of Review The proceedings in the adoption case were primarily pursuant to KRS 199.500 and KRS 199.502, adoption without the consent of the biological parents.”
Fry v. Caudill, 554 S.W.3d 866 (Ky. Ct. App. 2018).
· cites it 3× “3d at 820 (citing KRS 199.500(1) and KRS 199.520(2) ). Upon the separation of heterosexual parents, one of whom adopted the *872 other's child, the adopting parent's rights to custody and visitation are enforceable equally with the biological parent.”
C.M.C. v. A.L.W., 180 S.W.3d 485 (Ky. Ct. App. 2005).
· cites it 4× “9 The General Assembly obviously did not envision KRS Chapter 199 to be wholly separated and discrete from KRS Chapter 625 since KRS 199.500 specifically references KRS 625.”
Pierce v. Pierce, 522 S.W.2d 435 (Ky. Ct. App. 1975).
· cites it 4× “2d 482 (1973), we concluded that testimony by the father under oath that he had executed an unfiled written consent (apparently not sworn to) did not cure the failure to comply with KRS 199.500, and we reiterated the strict statutory compliance rule announced in Higgason .”
Hill v. Poole, 493 S.W.2d 482 (Ky. Ct. App. 1973).
· cites it 4× “KRS 199.500 requires the sworn consent of a parent to an adoption with certain exceptions, one of them being Subsection (4) which states that an adoption may be granted without consent if it is pleaded and proved as a part of the adoption proceeding that any of the provisions of…”
Warner v. Ward, 401 S.W.2d 62 (Ky. Ct. App. 1966).
· cites it 2× “Parrish having married Shirley Ann and admitted in this proceeding that he was Alisa’s father, he became one of the “parents of a legitimate child” within the meaning of KRS 199.500(1), and the adoption could not have been granted without his consent or a termination of his…”
Surrogate Parenting Assocs., Inc. v. Commonwealth ex rel. Armstrong, 704 S.W.2d 207 (Ky. 1986).
· cites it 2× “601(2), which prohibits filing a petition for voluntary termination of parental rights “prior to five (5) days after the birth of a child”; and C) KRS 199.500(5), which specifies that a “consent for adoption” shall not “be held valid if such consent for adoption is given prior…”
— Ky. Rev. Stat. § 199.500(1) — 24 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
“[38] KRS 199.500(1). [39] KRS 199.480(1)(b). [40] KRS 199.”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
“"Upon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated except the relationship of a biological parent who is the spouse of an adoptive parent.”
Fry v. Caudill, 554 S.W.3d 866 (Ky. Ct. App. 2018).
“3d at 820 (citing KRS 199.500(1) and KRS 199.520(2) ). Upon the separation of heterosexual parents, one of whom adopted the *872 other's child, the adopting parent's rights to custody and visitation are enforceable equally with the biological parent.”
B.L. v. J.S., 434 S.W.3d 61 (Ky. Ct. App. 2014).
“Standard of Review The proceedings in the adoption case were primarily pursuant to KRS 199.500 and KRS 199.502, adoption without the consent of the biological parents.”
Wright v. Howard, 711 S.W.2d 492 (Ky. Ct. App. 1986).
“Among the many statutes governing adoption actions is KRS 199.500 titled “Consent to adoption”.”
— Ky. Rev. Stat. § 199.500(1)(b) — 2 cases
— Ky. Rev. Stat. § 199.500(1)(c) — 1 case
— Ky. Rev. Stat. § 199.500(2) — 1 case
— Ky. Rev. Stat. § 199.500(4) — 20 cases
A.F. v. L.B., 572 S.W.3d 64 (Ky. Ct. App. 2019).
“191) § 6, amending KRS 199.500 as the statute reads, in this regard, today).”
Wright v. Howard, 711 S.W.2d 492 (Ky. Ct. App. 1986).
“Among the many statutes governing adoption actions is KRS 199.500 titled “Consent to adoption”.”
C.J. v. M.S., 572 S.W.3d 492 (Ky. Ct. App. 2019).
“"Upon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated except the relationship of a biological parent who is the spouse of an adoptive parent.”
B.L. v. J.S., 434 S.W.3d 61 (Ky. Ct. App. 2014).
“Standard of Review The proceedings in the adoption case were primarily pursuant to KRS 199.500 and KRS 199.502, adoption without the consent of the biological parents.”
C.M.C. v. A.L.W., 180 S.W.3d 485 (Ky. Ct. App. 2005).
“9 The General Assembly obviously did not envision KRS Chapter 199 to be wholly separated and discrete from KRS Chapter 625 since KRS 199.500 specifically references KRS 625.”
— Ky. Rev. Stat. § 199.500(5) — 3 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
“[38] KRS 199.500(1). [39] KRS 199.480(1)(b). [40] KRS 199.”
Surrogate Parenting Assocs., Inc. v. Commonwealth ex rel. Armstrong, 704 S.W.2d 207 (Ky. 1986).
“601(2), which prohibits filing a petition for voluntary termination of parental rights “prior to five (5) days after the birth of a child”; and C) KRS 199.500(5), which specifies that a “consent for adoption” shall not “be held valid if such consent for adoption is given prior…”
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