Exhibit A Adoption checklist
Baldwin's Kentucky Revised Statutes Annotated11th Judicial Circuit - Green, Marion, Taylor and Washington Circuit Court
KY GMTW Exh. A
Exhibit A Adoption checklist
ADOPTION CHECKLIST |
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___ Yes | ___ No | Is the party petitioning for adoption 18 years old? KRS 199.470(1) |
___ Yes | ___ No | Has the party petitioning for adoption resided in Kentucky for twelve (12) months prior to the filing of the petition? KRS 199.470(1) |
___ Yes | ___ No | Is the child to be adopted named as a defendant? KRS 199.480(1)(a) |
___ Yes | ___ No | Is the petitioner married? If yes, the spouse of the petitioner must be joined unless the Court finds that doing so will deny the child a suitable home. KRS 199.470(2) |
___ Yes | ___ No | Is the petitioner's husband or wife the biological parent? If yes, then the biological parent shall be named as a party defendant. KRS 199.480(1)(b) |
___ Yes | ___ No | Is the petitioner a relative of the child as defined by KRS 199.470(4)* such that approval by CHFS, a licensed agency or the Secretary of CHFS is not required? KRS 199.470(4)(a)-(b). |
*stepparent, grandparent, sister, brother, aunt, uncle, great grandparent, great aunt or great uncle. Court may in its discretion order KRS 199.510 report and background check. | ||
___ Yes | ___ No | Did the petitioning party comply with KRS 199.473? (i.e. did the petitioning party have a home study to review the background of the applicant and determine the suitability of the applicant to receive the child?) |
___ Yes | ___ No | Are all the necessary parties joined as defendants? KRS 199.480 |
Child to be adopted, biological living parents (if married), mother and father [if (1) identified by mother, (2) acknowledged child as his own in certain proceedings, (3) name is on birth certificate, (4) commenced action to establish paternity, (5) contributed financially to child's support, (6) married mother or lived openly with child, (7) rights not terminated previously], child's guardian, and CHFS or other agency with custody. | ||
___ Yes | ___ No | Have all parties been properly served? KRS 199.480(2) |
___ Yes | ___ No | Has an investigation been completed by CHFS as required by KRS 199.510(1)(a)-(c)? If yes, a final hearing may be scheduled if the report by the GAL, if any has been filed. KRS 199.515 |
___ Yes | ___ No | Has a Guardian ad Litem (GAL) been appointed for the child? |
___ Yes | ___ No | If yes, has the GAL filed their report as required? KRS 199.516 |
___ Yes | ___ No | If no, does the exception apply? KRS 199.480(3)* |
*If biological parents (married), mother and father (if paternity is established or affidavit filed) are parties defendant, no GAL need be appointed. | ||
___ Yes | ___ No | Has the child been placed for adoption with approval by one of the three agencies listed below? |
___ Yes | ___ No | CHFS | ||
___ Yes | ___ No | An agency licensed by CHFS | ||
___ Yes | ___ No | CHFS Secretary with approval | ||
___ Yes | ___ No | If the child has not been placed for adoption by one of the three ways listed above, has the child resided continuously in the home of the petitioner for at least 90 days immediately prior to the filing of the petition? KRS 199.470(3) |
___ Yes | ___ No | Does any exception to the placement rule apply? KRS 199.470(4)(a)-(b) |
No approval of the Secretary of CHFS is necessary in the case of petitions filed by stepparents, grandparents, sisters, brothers, aunts, uncles, great grandparents, great aunt or great uncles, or if the child is placed with the adopting parents by an agency without the Secretary's written consent. | ||
___ Yes | ___ No | Does the petition contain the necessary information? KRS 199.490 |
• | Name, date/place of birth, residence, mailing address of petitioner; if married, date and place of marriage. | ||
• | Name, date/place of birth, residence, mailing address (if known) of child. | ||
• | Relationship, if any, of child to each petitioner. | ||
• | Full name by which child shall be known after adoption. | ||
• | Description of property, if any, of child as far as it is known to petitioner. | ||
• | Names of parents, address of each living parent if known. Name of father born out of wedlock not given if certified TPR orders are filed. | ||
• | Name and address of child's guardian, or of the cabinet/other agency/individual with custody. | ||
• | Further facts necessary for location of person whose consent to adoption is required or whom KRS 199.480 requires be made a party. | ||
• | If any of the above is unknown, the lack of knowledge shall be alleged. | ||
___ Yes | ___ No | Has a notarized consent form been filed? KRS 199.500* |
*Filed by living parents (married), mother and fattier if established. | ||
___ Yes | ___ No | If notarized consent has not been filed, do any of the exceptions to consent apply? KRS 199.500(1)(a)(d) or KRS 199.502 |
___ Yes | ___ No | Does this Court have proper jurisdiction over this adoption? |
___ Yes | ___ No | Is this County the proper venue? |
___ Yes | ___ No | Have parental rights been terminated? |
___ Yes ___ No If yes, have certified copies of the termination order been filed as required? KRS 199.490(2) | ||
___ Yes | ___ No | Has the petitioner tendered a proposed Findings of Fact and Conclusions of Law, and a separate Judgment of Adoption? |
___ Yes | ___ No | Does the tendered Judgment only contain the names of the petitioners and the proposed adopted name of the child? KRS 199.520(1)* |
*Note: The child's former name or the names of the child's birth parents are not to be included in the Judgment of Adoption. | ||
___ Yes | ___ No | Has an affidavit detailing a list of expenses paid by the adoptive parents been submitted to the court for approval? KRS 199.590(6) |
Credits
HISTORY: Adopted effective December 7, 2011.
Green, Marion, Taylor and washington Circuit Court Exh. A, KY R GREEN CIR CT Exh. A
Current with amendments received through November 15, 2023. Some rules may be more current, see credits for details.
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