Kentucky Statutes 199.490 – Contents of adoption petition — Accompanying papers
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(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.
(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;
Terms Used In Kentucky Statutes 199.490
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Cabinet: means the Cabinet for Health and Family Services. See Kentucky Statutes 199.011
- Child: means any person who has not reached his eighteenth birthday. See Kentucky Statutes 199.011
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Institution: means a child-caring facility providing care or maintenance for nine
(9) or more children. See Kentucky Statutes 199.011 - Secretary: means the secretary for health and family services. See Kentucky Statutes 199.011
(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.