2013 Kentucky Revised Statutes CHAPTER 199 - PROTECTIVE SERVICES FOR CHILDREN - ADOPTION 199.590 Prohibited acts and practices in adoption of children -- Expenses paid by prospective adoptive parents to be submitted to court.
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199.590 Prohibited acts and practices in adoption of children -- Expenses
paid by prospective adoptive parents to be submitted to court.
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A person, corporation, or association shall not advertise in any manner that it
will receive children for the purpose of adoption. A newspaper published in the
Commonwealth of Kentucky or any other publication which is prepared, sold, or
distributed in the Commonwealth of Kentucky shall not contain an
advertisement which solicits children for adoption or solicits the custody of
children.
A person, agency, institution, or intermediary shall not sell or purchase or
procure for sale or purchase any child for the purpose of adoption or any other
purpose, including termination of parental rights. This section shall not prohibit
a child-placing agency from charging a fee for adoption services. This section
shall not be construed to prohibit in vitro fertilization. For purposes of this
section, "in vitro fertilization" means the process by which an egg is removed
from a woman, and fertilized in a receptacle by the sperm of the husband of the
woman in whose womb the fertilized egg will thereafter be implanted.
No person, association, or organization, other than the cabinet or a
child-placing institution or agency shall place a child or act as intermediary in
the placement of a child for adoption or otherwise, except in the home of a
stepparent, grandparent, sister, brother, aunt, or uncle, or upon written
approval of the secretary. This subsection shall not be construed to limit the
Cabinet for Health and Family Services in carrying out its public assistance
under Title IV-A of the Federal Social Security Act program in accordance with
KRS Chapter 205. This section shall not be construed to prohibit private
independent adoption or the right to seek legal services relating to a private
independent adoption.
A person, agency, institution, or intermediary shall not be a party to a contract
or agreement which would compensate a woman for her artificial insemination
and subsequent termination of parental rights to a child born as a result of that
artificial insemination. A person, agency, institution, or intermediary shall not
receive compensation for the facilitation of contracts or agreements as
proscribed by this subsection. Contracts or agreements entered into in violation
of this subsection shall be void.
A person, organization, group, agency, or any legal entity, except a
child-placing agency, shall not accept any fee for bringing the adoptive parents
together with the child to be adopted or the biological parents of the child to be
adopted. This section shall not interfere with the legitimate practice of law by
an attorney.
(a) In every adoption proceeding, the expenses paid, including but not limited
to any fees for legal services, placement services, and expenses of the
biological parent or parents, by the prospective adoptive parents for any
purpose related to the adoption shall be submitted to the court, supported
by an affidavit, setting forth in detail a listing of expenses for the court's
approval or modification.
(b) In the event the court modifies the expense request as it relates to legal
fees and legal expenses only, the attorney for the adoptive parents shall
not have any claim against the adoptive parents for the amount not
approved.
Effective:June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 185, effective June 20, 2005. -Amended 1998 Ky. Acts ch. 426, sec. 148, effective July 15, 1998. -- Amended
1994 Ky. Acts ch. 242, sec. 12, effective July 15, 1994. -- Amended 1988 Ky.
Acts ch. 52, sec. 1, effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 119,
sec. 1, effective July 13, 1984. -- Created 1950 Ky. Acts ch. 125, sec. 22.
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