Legal Question in Family Law in Kentucky

My husband and I want to adopt a baby from a woman that we know (she is pregnant now). We are not sure how to go about beginning the process of adoption. Is a homestudy required for these types adoptions and can the birth mother change her mind after the adoption process is complete? Thank you for your help and may God bless you!


Asked on 3/02/11, 7:21 pm

2 Answers from Attorneys

Andrea Welker Welker Law Office

You'll want to enlist the help of a family law attorney who is experienced in adoptions, so all of the paperwork will be filed properly. Because the adoption is private, you have less red tape to go through than if you were working through the Cabinet.

Once birth mom has voluntarily terminated her parental rights, and the adoption is complete, it can't be undone (unless of course there was some sort of coercion or fraud involved). However, Mom's rights cannot be terminated until after the child is actually born, so it is best to speak to an attorney now about guardianship papers, and also about what might be proper concerning payment of any medical bills where the child is concerned.

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Answered on 3/02/11, 8:22 pm
Gregory Napier Troutman & Napier, PLLC

You will need a home study completed. If your family income is below 150% of the poverty level, then Cabinet will do the homestudy. Otherwise, you have to enlist a private child placing agency. You can find a list of licensed agencies on the Cabinet for Health and Family Services website. They usually cost a few thousand dollars.

Biological mom can only sign a consent to the adoption after 72 hours from the time of birth and it only becomes non-revocable at the LATER of 20 days from signing OR 20 days from approval of your home study by the Secretary for the Cabinet. You also need to be concerned about the biological father's rights as well.

Adoption is a difficult area of family law in that there are very specific requirments that must be met. It is worth investing in a family law attorney to help.

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Answered on 3/03/11, 9:13 am


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