living parents -- Court decision -- Representation of biological parent.
(1) Notwithstanding the provisions of KRS 199.500(1), an adoption may be granted
without the consent of the biological living parents of a child if it is pleaded and
proved as part of the adoption proceeding that any of the following conditions exist
with respect to the child:
(a) That the parent has abandoned the child for a period of not less than ninety
(90) days;
(b) That the parent had inflicted or allowed to be inflicted upon the child, by other
than accidental means, serious physical injury;
(c) That the parent has continuously or repeatedly inflicted or allowed to be
inflicted upon the child, by other than accidental means, physical injury or
emotional harm;
(d) That the parent has been convicted of a felony that involved the infliction of
serious physical injury to a child named in the present adoption proceeding;
(e) That the parent, for a period of not less than six (6) months, has continuously
or repeatedly failed or refused to provide or has been substantially incapable
of providing essential parental care and protection for the child, and that there
is no reasonable expectation of improvement in parental care and protection,
considering the age of the child;
(f) That the parent has caused or allowed the child to be sexually abused or
exploited;
(g) That the parent, for reasons other than poverty alone, has continuously or
repeatedly failed to provide or is incapable of providing essential food,
clothing, shelter, medical care, or education reasonably necessary and
available for the child's well-being and that there is no reasonable expectation
of significant improvement in the parent's conduct in the immediately
foreseeable future, considering the age of the child;
(h) That:
1. The parent's parental rights to another child have been involuntarily
terminated;
2. The child named in the present adoption proceeding was born
subsequent to or during the pendency of the previous termination; and
3. The condition or factor which was the basis for the previous termination
finding has not been corrected;
(i) That the parent has been convicted in a criminal proceeding of having caused
or contributed to the death of another child as a result of physical or sexual
abuse or neglect; or
(j) That the parent is a putative father, as defined in KRS 199.503, who fails to
register as the minor's putative father with the putative father registry
established under KRS 199.503 or the court finds, after proper service of
notice and hearing, that:
1. The putative father is not the father of the minor;
2. The putative father has willfully abandoned or willfully failed to care for
and support the minor; or
3. The putative father has willfully abandoned the mother of the minor
during her pregnancy and up to the time of her surrender of the minor, or
the minor's placement in the home of the petitioner, whichever occurs
first.
(2) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter
findings of fact, conclusions of law, and a decision either:
(a) Granting the adoption without the biological parent's consent; or
(b) Dismissing the adoption petition, and stating whether the child shall be
returned to the biological parent or the child's custody granted to the state,
another agency, or the petitioner.
(3) A biological living parent has the right to legal representation in an adoption
wherein he or she does not consent. The Circuit Court shall determine if a
biological living parent is indigent and, therefore, entitled to counsel pursuant KRS
Chapter 31. If the Circuit Court so finds, the Circuit Court shall inform the indigent
parent; and, upon request, if it appears reasonably necessary in the interest of
justice, the Circuit Court shall appoint an attorney to represent the biological living
parent pursuant to KRS Chapter 31 to be provided or paid for by:
(a) The petitioner, a fee to be set by the court and not to exceed five hundred
dollars ($500); or
(b) The Finance and Administration Cabinet if the petitioner is a blood relative or
fictive kin as established in KRS 199.470(4)(a), a fee to be set by the court
and not to exceed five hundred dollars ($500).
Effective: July 14, 2018
History: Amended 2018 Ky. Acts ch. 159, sec. 35, effective July 14, 2018. -- Amended
1998 Ky. Acts ch. 57, sec. 18, effective March 17, 1998. -- Created 1994 Ky. Acts
ch. 242, sec. 10, effective July 15, 1994.
Notes of Decisions
Cited in
41
cases (
23 in the last 5 years), 2003–2026 · leading case:
A.F. v. L.B.
A.F. v. L.B. (2019)
kyctapp · cites it 22×
“, but applies as well to adoptions without the consent of parents brought under KRS 199.502. Therefore, they argue, the adoption petition should have been dismissed.”
C.J. v. M.S. (2019)
kyctapp · cites it 9×
“By contrast, "an adoption under KRS 199.502... does not require a prior finding by a court that the child had been neglected or abused.”
Moore v. Asente (2003)
ky · cites it 2×
“480(1)(b), and a trial court may approve an adoption without the consent of the child's biological living parents only if the evidence supports the additional factual findings required by KRS 199.502. [48] See KRS 625.041(3): (3) The parent may sign an appearance-waiver and…”
B.L. v. J.S. (2014)
kyctapp · cites it 4×
“500 and KRS 199.502, adoption without the consent of the biological parents.”
E.K. v. T.A. (2019)
kyctapp · cites it 3×
“Later that year, the trial court entered an agreed order, which allowed an amended petition seeking adoption under KRS 199.502 and the addition of Step-mother, as the minor child's step-parent.”
S.B.B. v. J.W.B. (2010)
kyctapp · cites it 7×
“Regardless of whether termination of [Father’s] parental rights were sought under KRS 199.502, as here, or under KRS 625.090, this Court would grant the relief except for one fact, that is, that [Father] has paid $28,000.”
R.M. v. R.B. (2009)
kyctapp · cites it 5×
“Nonetheless, KRS 199.502 sets out various conditions for which an adoption may be permitted without the consent of a child’s biological living parent, which effectively results in the termination of parental rights.”
F.V. v. Commonwealth (2018)
kyctapp
“12, 2003) (Clear and convincing evidence did not support finding under KRS 199.502(1)(g) where father was not under any court order to pay child support, and could not have been convicted of misdemeanor nonsupport as paternity was never established until he filed motion to do so…”
P.C.C. v. C.M.C. (2009)
kyctapp · cites it 3×
“090 but instead by the provisions of KRS 199.502. Pursuant to KRS 199.502, an adoption may be granted without the consent of the biological living parent of a child if it is pleaded and proved that the parent has abandoned the child for a period of not less than ninety (90) days.”
M.S.S. v. J.E.B. (2022)
ky · cites it 45×
“18 In fact, KRS 199.502 makes clear that, “[i]f granted, the adoption itself terminates 13 See KRS 625.”
R.H. v. C.G. (2024)
kyctapp · cites it 23×
“090, Without Reference to KRS 199.502, Was Harmless Mother argues the family court failed to make the required findings for an adoption without consent, as mandated by KRS 199.”
L.J.S. v. A.C.C.C. (2025)
kyctapp · cites it 20×
“(“Stepfather”) petitioned to adopt the three minor children without Father’s consent under KRS 199.502. The petition alleged that Father has “neglected the child, abused the child, and placed the child at risk of harm[,]” is “substantially incapable of providing essential…”
— Ky. Rev. Stat. § 199.502(1) — 24 cases
C.J. v. M.S. (2019)
kyctapp
“By contrast, "an adoption under KRS 199.502... does not require a prior finding by a court that the child had been neglected or abused.”
A.F. v. L.B. (2019)
kyctapp
“, but applies as well to adoptions without the consent of parents brought under KRS 199.502. Therefore, they argue, the adoption petition should have been dismissed.”
R.M. v. R.B. (2009)
kyctapp
“Nonetheless, KRS 199.502 sets out various conditions for which an adoption may be permitted without the consent of a child’s biological living parent, which effectively results in the termination of parental rights.”
S.B.B. v. J.W.B. (2010)
kyctapp
“Regardless of whether termination of [Father’s] parental rights were sought under KRS 199.502, as here, or under KRS 625.090, this Court would grant the relief except for one fact, that is, that [Father] has paid $28,000.”
L.J.S. v. A.C.C.C. (2025)
kyctapp
“(“Stepfather”) petitioned to adopt the three minor children without Father’s consent under KRS 199.502. The petition alleged that Father has “neglected the child, abused the child, and placed the child at risk of harm[,]” is “substantially incapable of providing essential…”
— Ky. Rev. Stat. § 199.502(1)(a) — 23 cases
A.F. v. L.B. (2019)
kyctapp
“, but applies as well to adoptions without the consent of parents brought under KRS 199.502. Therefore, they argue, the adoption petition should have been dismissed.”
C.J. v. M.S. (2019)
kyctapp
“By contrast, "an adoption under KRS 199.502... does not require a prior finding by a court that the child had been neglected or abused.”
M.S.S. v. J.E.B. (2022)
ky
“18 In fact, KRS 199.502 makes clear that, “[i]f granted, the adoption itself terminates 13 See KRS 625.”
R.H. v. C.G. (2024)
kyctapp
“090, Without Reference to KRS 199.502, Was Harmless Mother argues the family court failed to make the required findings for an adoption without consent, as mandated by KRS 199.”
— Ky. Rev. Stat. § 199.502(1)(c) — 3 cases
L.J.S. v. A.C.C.C. (2025)
kyctapp
“(“Stepfather”) petitioned to adopt the three minor children without Father’s consent under KRS 199.502. The petition alleged that Father has “neglected the child, abused the child, and placed the child at risk of harm[,]” is “substantially incapable of providing essential…”
— Ky. Rev. Stat. § 199.502(1)(d) — 1 case
— Ky. Rev. Stat. § 199.502(1)(e) — 15 cases
C.J. v. M.S. (2019)
kyctapp
“By contrast, "an adoption under KRS 199.502... does not require a prior finding by a court that the child had been neglected or abused.”
— Ky. Rev. Stat. § 199.502(1)(g) — 4 cases
C.J. v. M.S. (2019)
kyctapp
“By contrast, "an adoption under KRS 199.502... does not require a prior finding by a court that the child had been neglected or abused.”
F.V. v. Commonwealth (2018)
kyctapp
“12, 2003) (Clear and convincing evidence did not support finding under KRS 199.502(1)(g) where father was not under any court order to pay child support, and could not have been convicted of misdemeanor nonsupport as paternity was never established until he filed motion to do so…”
— Ky. Rev. Stat. § 199.502(2) — 5 cases
A.F. v. L.B. (2019)
kyctapp
“, but applies as well to adoptions without the consent of parents brought under KRS 199.502. Therefore, they argue, the adoption petition should have been dismissed.”
L.J.S. v. A.C.C.C. (2025)
kyctapp
“(“Stepfather”) petitioned to adopt the three minor children without Father’s consent under KRS 199.502. The petition alleged that Father has “neglected the child, abused the child, and placed the child at risk of harm[,]” is “substantially incapable of providing essential…”
— Ky. Rev. Stat. § 199.502(3) — 2 cases
— Ky. Rev. Stat. § 199.502(a) — 1 case
M.S.S. v. J.E.B. (2022)
ky
“18 In fact, KRS 199.502 makes clear that, “[i]f granted, the adoption itself terminates 13 See KRS 625.”
— Ky. Rev. Stat. § 199.502(c) — 1 case
— Ky. Rev. Stat. § 199.502(e) — 1 case
— Ky. Rev. Stat. § 199.502(j)(3) — 1 case
— Ky. Rev. Stat. § 199.502(l)(a) — 2 cases
S.B.B. v. J.W.B. (2010)
kyctapp
“Regardless of whether termination of [Father’s] parental rights were sought under KRS 199.502, as here, or under KRS 625.090, this Court would grant the relief except for one fact, that is, that [Father] has paid $28,000.”
P.C.C. v. C.M.C. (2009)
kyctapp
“090 but instead by the provisions of KRS 199.502. Pursuant to KRS 199.502, an adoption may be granted without the consent of the biological living parent of a child if it is pleaded and proved that the parent has abandoned the child for a period of not less than ninety (90) days.”
— Ky. Rev. Stat. § 199.502(l)(e) — 1 case
S.B.B. v. J.W.B. (2010)
kyctapp
“Regardless of whether termination of [Father’s] parental rights were sought under KRS 199.502, as here, or under KRS 625.090, this Court would grant the relief except for one fact, that is, that [Father] has paid $28,000.”
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