KRS 199.480: Parties defendant in an adoption proceeding -- Process -- Guardian

ad litem.

(1) 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. He has registered with the cabinet pursuant to KRS 199.503 as a

putative father prior to the birth of the child, or if he did not have

notice prior to the birth of the child, within twenty-one (21) 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.

(2) 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.

(3) 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.