2013 Kentucky Revised Statutes CHAPTER 199 - PROTECTIVE SERVICES FOR CHILDREN - ADOPTION 199.480 Parties defendant in an adoption proceeding -- Process -- Guardian ad litem.
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199.480 Parties defendant in an adoption proceeding -- Process -- Guardian
ad litem.
(1)
(2)
(3)
The following persons shall be made parties defendant in an action for leave to
adopt a child:
(a) The child to be adopted;
(b) The biological living parents of a child under eighteen (18), if the child is
born in lawful wedlock. If the child is born out of wedlock, its mother; and
its father, if one (1) of the following requirements is met:
1.
He is known and voluntarily identified by the mother by affidavit;
2.
Prior to the entry of a final order in a termination proceeding, he has
acknowledged the child as his own by affirmatively asserting
paternity in the action or to the custodial agency or the party bringing
the action within sixty (60) days after the birth of the child;
3.
He has caused his name to be affixed to the birth certificate of the
child;
4.
He has commenced a judicial proceeding claiming parental right;
5.
He has contributed financially to the support of the child, either by
paying the medical or hospital bills associated with the birth of the
child or financially contributed to the child's support; or
6.
He has married the mother of the child or has lived openly or is
living openly with the child or the person designated on the birth
certificate as the biological mother of the child.
A putative father shall not be made a party defendant if none of the
requirements set forth above have been met, and a biological parent shall
not be made a party defendant if the parental rights of that parent have
been terminated under KRS Chapter 625, or under a comparable statute
of another jurisdiction;
(c) The child's guardian, if it has one.
(d) If the care, custody, and control of the child has been transferred to the
cabinet, or any other individual or individuals, institution, or agency, then
the cabinet, the other individual or individuals, institution, or agency shall
be named a party defendant, unless the individual or individuals, or the
institution or agency is also the petitioner.
Each party defendant shall be brought before the court in the same manner as
provided in other civil cases except that if the child to be adopted is under
fourteen (14) years of age and the cabinet, individual, institution, or agency has
custody of the child, the service of process upon the child shall be had by
serving a copy of the summons in the action upon the cabinet, individual,
institution or agency, any provision of CR 4.04(3) to the contrary
notwithstanding.
If the child's biological living parents, if the child is born in lawful wedlock, or if
the child is born out of wedlock, its mother, and if paternity is established in
legal action or if an affidavit is filed stating that the affiant is father of the child,
its father, are parties defendant, no guardian ad litem need be appointed to
represent the child to be adopted.
Effective:July 15, 1994
History: Amended 1994 Ky. Acts ch. 242, sec. 4, effective July 15, 1994. -Amended 1986 Ky. Acts ch. 423, sec. 188, effective July 1, 1987. -- Amended
1984 Ky. Acts ch. 16, sec. 3, effective July 13, 1984. -- Amended 1980 Ky. Acts
ch. 188, sec. 183, effective July 15, 1980. -- Amended 1974 Ky. Acts ch. 51,
sec. 1; and ch. 386, sec. 35. -- Amended 1962 Ky. Acts ch. 210, sec. 27; and
ch. 211, sec. 4. -- Created 1950 Ky. Acts ch. 125, sec. 11.
Note: This section was amended by 1980 Ky. Acts ch. 280, sec. 145, which was to
have become effective July 1, 1982. Thereafter, 1982 Ky. Acts ch. 284 changed
the effective date of that act to July 15, 1984. Then, 1984 Ky. Acts ch. 184
repealed both 1980 Ky. Acts ch. 280, and 1982 Ky. Acts ch. 284.
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