Ky. Rev. Stat. » Chapter 406
Kentucky Revised Statutes

Ky. Rev. Stat. § 406.180 (2026)

Applicability

✓ current as of May 2026
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This chapter applies to all cases of birth out of wedlock:

(1) Where birth occurs within this state;

(2) When birth occurs out of this state at the time the mother is a resident of this state after June 18, 1964; or

(3) When birth occurs out of this state and at some time following the birth the mother becomes a resident of this state after June 18, 1964. History: Amended 1972 Ky. Acts ch. 159, sec. 5. -- Amended 1970 Ky. Acts ch. 210, sec. 1. -- Created 1964 Ky. Acts ch. 37, sec. 18.

Notes of Decisions
Cited in 9 cases (1 in the last 5 years), 1974–2022 · leading case: J.A.S. v. Bushelman, 342 S.W.3d 850 (Ky. 2011).
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J.A.S. v. Bushelman, 342 S.W.3d 850 (Ky. 2011). · cites it 11× “021, and KRS 406.180 as the statutes that govern subject matter jurisdiction and standing in paternity cases.”
J.N.R. v. O'Reilly, 264 S.W.3d 587 (Ky. 2008). · cites it 8× “KRS 406.180 (governing applicability of Chapter 406) states, in pertinent part, that "[t]his chapter applies to all cases of birth out of wedlock: (1)[w]here birth occurs within this state[.”
Uninsured Employers' Fund v. Bradley, 244 S.W.3d 741 (Ky. Ct. App. 2007). · cites it 3× “Under KRS 406.180, the family court has jurisdiction over a child born out of wedlock if certain residency requirements are met.”
J.K. v. N.J.A., 397 S.W.3d 916 (Ky. Ct. App. 2013). “Bushelman specifically holds: [a] “birth out of wedlock” under KRS 406.180 occurs when a child is born to woman who, regardless of her marital status, was not lawfully married to the biological father at the time of the child’s conception or at the time of the child’s birth.”
Dep't of Econ. Sec. v. Shanklin, 514 S.W.2d 682 (Ky. Ct. App. 1974). “” Finally, KRS 406.180 states: “This chapter applies to all cases of birth out of wedlock: (1) where birth occurs within this state, (2) when birth occurs out of this state at the time the mother is a resident of this state after June 18, 1964, or (3) when birth occurs out of…”
S.B. v. M.C., 352 S.W.3d 345 (Ky. Ct. App. 2011). · cites it 2× “The court determined that it was without subject matter jurisdiction to determine paternity and custody because KRS 406.180 limits jurisdiction to those children born “out of wedlock.”
Jordan Boyd v. Skylar Weisenberger (Ky. Ct. App. 2022). “Citing KRS 406.180, Jordan went on to argue that the court could not establish paternity of the unborn child because, under paternity law, a birth is required.”
Sb v. Mc, 352 S.W.3d 345 (Ky. Ct. App. 2011). · cites it 2× “The court determined that it was without subject matter jurisdiction to determine paternity and custody because KRS 406.180 limits jurisdiction to those children born "out of wedlock.”
J.N.R v. Hon Joseph O'Reilly Judge, Jefferson Fam. Court (Ky. 2008). “KRS 406.180 does describe the general applicability of KRS Chapter 406 as follows: This chapter applies to all cases of birth out of wedlock : (1) Where birth occurs within this state ; (2) When birth occurs out of this state at the time the As the majority notes, BLACK'S LAW…”
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