prospective adoptive parents to be submitted to court.
(1) A person, corporation, or association shall not advertise in any manner that it will
receive children for the purpose of adoption. A newspaper published in the
Commonwealth of Kentucky or any other publication which is prepared, sold, or
distributed in the Commonwealth of Kentucky shall not contain an advertisement
which solicits children for adoption or solicits the custody of children.
(2) A person, agency, institution, or intermediary shall not sell or purchase or procure
for sale or purchase any child for the purpose of adoption or any other purpose,
including termination of parental rights. This section shall not prohibit a child-
placing agency from charging a fee for adoption services. This section shall not be
construed to prohibit in vitro fertilization. For purposes of this section, "in vitro
fertilization" means the process by which an egg is removed from a woman, and
fertilized in a receptacle by the sperm of the husband of the woman in whose womb
the fertilized egg will thereafter be implanted.
(3) No person, association, or organization, other than the cabinet or a child-placing
institution or agency shall place a child or act as intermediary in the placement of a
child for adoption or otherwise, except in the home of a stepparent, grandparent,
sister, brother, aunt, or uncle, or upon written approval of the secretary. This
subsection shall not be construed to limit the Cabinet for Health and Family
Services in carrying out its public assistance under Title IV-A of the Federal Social
Security Act program in accordance with KRS Chapter 205. This section shall not
be construed to prohibit private independent adoption or the right to seek legal
services relating to a private independent adoption.
(4) A person, agency, institution, or intermediary shall not be a party to a contract or
agreement which would compensate a woman for her artificial insemination and
subsequent termination of parental rights to a child born as a result of that artificial
insemination. A person, agency, institution, or intermediary shall not receive
compensation for the facilitation of contracts or agreements as proscribed by this
subsection. Contracts or agreements entered into in violation of this subsection shall
be void.
(5) A person, organization, group, agency, or any legal entity, except a child-placing
agency, shall not accept any fee for bringing the adoptive parents together with the
child to be adopted or the biological parents of the child to be adopted. This section
shall not interfere with the legitimate practice of law by an attorney.
(6) (a) In every adoption proceeding, the expenses paid, including but not limited to
any fees for legal services, placement services, and expenses of the biological
parent or parents, by the prospective adoptive parents for any purpose related
to the adoption shall be submitted to the court, supported by an affidavit,
setting forth in detail a listing of expenses for the court's approval or
modification.
(b) In the event the court modifies the expense request as it relates to legal fees
and legal expenses only, the attorney for the adoptive parents shall not have
any claim against the adoptive parents for the amount not approved.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 185, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 148, effective July 15, 1998. -- Amended 1994 Ky. Acts
ch. 242, sec. 12, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 52, sec. 1,
effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 119, sec. 1, effective July 13,
1984. -- Created 1950 Ky. Acts ch. 125, sec. 22.
Notes of Decisions
Cited in
11
cases, 1986–2015 · leading case:
In Re Baby, 447 S.W.3d 807 (Tenn. 2014).
In Re Baby, 447 S.W.3d 807 (Tenn. 2014).
· cites it 5× “1986) (concluding that a surrogate parenting arrangement did not violate a statute that prohibited “the buying and selling of children”), superseded by statute, Ky. Rev. Stat. Ann. § 199.590 (4), and In re F.”
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
· cites it 2× “And, the consents' validity must be determined by whether Moore and Dorning gave voluntary and informed consents, [50] which means: [T]hat at the time of the execution of the consent the consenting person was fully informed of the legal effect of the consent, that the consenting…”
Raftopol v. Ramey, 12 A.3d 783 (Conn. 2011).
· cites it 2× “96-73 (September 11,1996) (compensation for gestational agreement does not fall within statutory exception permitting fee for professional service rendered in connection with adoption); Ky. Rev. Stat. Ann. § 199.590 (4) (LexisNexis 2007); La.”
Commonwealth v. Young, 487 S.W.3d 430 (Ky. 2015).
· cites it 4× “• Nonetheless, KRS 199.590, which reiterates that no child may be purchased for any purpose, does at subsection 6 provide that certain payments- can occur: fees for legal services, placement services and expenses of the• biological parent or parents.”
R.R. v. M.H., 689 N.E.2d 790 (Mass. 1998).
“The Kentucky Legislature, as indicated in note 5 supra, has provided that a compensated surrogacy agreement is unenforceable ( Ky. Rev. Stat. Ann. § 199.590 [4]), thus changing the mle that the Supreme Court of Kentucky announced in Surrogate Parenting Assocs.”
Storm v. Mullins, 199 S.W.3d 156 (Ky. 2006).
“the consenting person was fully informed of the legal effect of the consent, that the consenting person was not given or promised anything of value except those expenses allowable under KRS 199.590(6), that the consenting person was not coerced in any way to execute the consent,…”
A.H.W. v. G.H.B., 772 A.2d 948 (N.J. Super. Ct. App. Div. 2000).
“Washington, Louisiana, Nebraska and Kentucky prohibit by statute surrogacy contracts which include a compensation element.”
In Re Baby (Tenn. 2014).
· cites it 3× “1986) (concluding that a surrogate parenting arrangement did not violate a statute that prohibited “the buying and selling of children”), superseded by statute, Ky. Rev. Stat. Ann. § 199.590 (4), and In re F.”
Ahw v. Ghb, 772 A.2d 948 (N.J. Super. Ct. App. Div. 2000).
“Washington, Louisiana, Nebraska and Kentucky prohibit by statute surrogacy contracts which include a compensation element.”
— Ky. Rev. Stat. § 199.590(2) — 3 cases
In Re Baby, 447 S.W.3d 807 (Tenn. 2014).
“1986) (concluding that a surrogate parenting arrangement did not violate a statute that prohibited “the buying and selling of children”), superseded by statute, Ky. Rev. Stat. Ann. § 199.590 (4), and In re F.”
Commonwealth v. Young, 487 S.W.3d 430 (Ky. 2015).
“• Nonetheless, KRS 199.590, which reiterates that no child may be purchased for any purpose, does at subsection 6 provide that certain payments- can occur: fees for legal services, placement services and expenses of the• biological parent or parents.”
— Ky. Rev. Stat. § 199.590(4) — 2 cases
In Re Baby, 447 S.W.3d 807 (Tenn. 2014).
“1986) (concluding that a surrogate parenting arrangement did not violate a statute that prohibited “the buying and selling of children”), superseded by statute, Ky. Rev. Stat. Ann. § 199.590 (4), and In re F.”
Raftopol v. Ramey, 12 A.3d 783 (Conn. 2011).
“96-73 (September 11,1996) (compensation for gestational agreement does not fall within statutory exception permitting fee for professional service rendered in connection with adoption); Ky. Rev. Stat. Ann. § 199.590 (4) (LexisNexis 2007); La.”
— Ky. Rev. Stat. § 199.590(6) — 3 cases
Moore v. Asente, 110 S.W.3d 336 (Ky. 2003).
“And, the consents' validity must be determined by whether Moore and Dorning gave voluntary and informed consents, [50] which means: [T]hat at the time of the execution of the consent the consenting person was fully informed of the legal effect of the consent, that the consenting…”
Storm v. Mullins, 199 S.W.3d 156 (Ky. 2006).
“the consenting person was fully informed of the legal effect of the consent, that the consenting person was not given or promised anything of value except those expenses allowable under KRS 199.590(6), that the consenting person was not coerced in any way to execute the consent,…”
Commonwealth v. Young, 487 S.W.3d 430 (Ky. 2015).
“• Nonetheless, KRS 199.590, which reiterates that no child may be purchased for any purpose, does at subsection 6 provide that certain payments- can occur: fees for legal services, placement services and expenses of the• biological parent or parents.”
— Ky. Rev. Stat. § 199.590(6)(a) — 1 case
Commonwealth v. Young, 487 S.W.3d 430 (Ky. 2015).
“• Nonetheless, KRS 199.590, which reiterates that no child may be purchased for any purpose, does at subsection 6 provide that certain payments- can occur: fees for legal services, placement services and expenses of the• biological parent or parents.”
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.