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199.572 Inspection of adoption records -- Limitations.
(1)
(2)
(3)
(4)
(5)
At the time the biological parents give up the child for adoption, they shall be
asked by the cabinet whether they consent to the inspection of the adoption
records, to personal contact by the child, or to both when he becomes an adult.
If consent is then given, it can later be revoked. If consent is withheld at that
time, the biological parents may give consent at any later time. The initial
written statement of consent or refusal of consent to inspection of records and
personal contact shall be filed with the Circuit Court not later than the date of
finalization of the adoption proceedings. When a written consent is on file, the
records shall be available to the adult adopted person, upon his request
therefor in writing.
When any adult adopted person applies in person or in writing to the Circuit
Court for authorization to inspect all papers and records pertaining to the
adoption proceedings of that adult adopted person as provided in KRS
199.570(1), and the biological parents have previously refused consent to
inspection of records and to personal contact, the court may, if satisfied as to
the identity of the adult adopted person, authorize the adult adopted person to
inspect the papers and records if written consent is obtained from the biological
parents identified on the adult adopted person's original birth certificate.
The Circuit Court shall, within seven (7) working days of the receipt of the
request, direct the secretary of the cabinet to notify each biological parent
identified on the adult adopted person's original birth certificate that the person
has applied to the court for information identifying the biological parent. Within
six (6) months of receiving the notice of the request of the adult adopted
person, the secretary of the cabinet shall make complete and reasonable
efforts to notify each biological parent identified on the adult adopted person's
original birth certificate. The secretary may charge a reasonable fee not to
exceed two hundred fifty dollars ($250) to the adult adopted person for making
this search. Every child-caring facility and child-placing agency in the
Commonwealth shall cooperate with the secretary in his efforts to notify these
biological parents.
If the cabinet utilizes the services of another person or entity to perform a
search under subsection (3) of this section, the cabinet shall enter into a formal
contract with that person or entity. A person or entity contracted to perform a
search shall be licensed under the provisions of KRS Chapter 329A.
The notification of the biological parents shall not be by mail and shall be by
personal and confidential contact by the cabinet. The notification shall be done
without disclosing the identity of the adult adopted person. The personal and
confidential contact with the biological parents shall be evidenced by filing with
the Circuit Court an affidavit of notification executed by the person who notified
each parent and certifying each parent was given the following information:
(a) The nature of the information requested by the adult adopted person;
(b) The date of the request of the adult adopted person;
(c) The right of the biological parent to file, within sixty (60) days of receipt of
the notice, an affidavit with the Circuit Court stating that the adult adopted
person shall be authorized to inspect all papers and records pertaining to
his adoption proceedings;
(d)
(6)
(7)
The right of the biological parent to file at any time an affidavit authorizing
the adult adopted person to inspect all papers and records pertaining to
his adoption proceedings; and
(e) The right of a biological parent to file an affidavit with the Circuit Court
stating that all papers and records pertaining to the adoption proceedings
of the adult adopted person shall not be open for inspection by the adult
adopted person.
The adult adopted person shall not be authorized to inspect the papers and
records pertaining to his or her adoption proceedings unless those biological
parents identified on the original birth certificate agree in writing to that
inspection.
If after diligent and reasonable effort, the secretary of the cabinet certifies that
both biological parents identified in the original birth certificate are deceased or
the secretary is unable to locate said parents, then a judge of the Circuit Court,
upon motion of the adult adopted person, may order that all papers and
records of the Cabinet for Health and Family Services and those of the Circuit
Court pertaining to the adoption shall be open for inspection to the adult
adopted person. In any case, the court shall order that only identifying
information about the biological parents be shared with the adult adopted
person.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 183, effective June 20, 2005. -Amended 2004 Ky. Acts ch. 186, sec. 9, effective July 13, 2004. -- Amended
1998 Ky. Acts ch. 426, sec. 146, effective July 15, 1998. -- Created 1986 Ky.
Acts ch. 43, sec. 4, effective July 15, 1986.
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