{"data":{"id":"us-ky/krs-199.480","jurisdiction":"us-ky","citation":"KRS 199.480","heading":"Parties defendant in an adoption proceeding -- Process -- Guardian","body":"ad litem.\n(1) The following persons shall be made parties defendant in an action for leave to\nadopt a child:\n(a) The child to be adopted;\n(b) The biological living parents of a child under eighteen (18), if the child is\nborn in lawful wedlock. If the child is born out of wedlock, its mother; and\nits father, if one (1) of the following requirements is met:\n1. He is known and voluntarily identified by the mother by affidavit;\n2. He  has registered with the cabinet pursuant to KRS  199.503 as a\nputative father prior to the birth of the child, or if he did not have\nnotice prior to the birth of the child, within twenty-one (21) days after\nthe birth of the child;\n3. He  has caused his name  to be affixed to the birth certificate of the\nchild;\n4. He has commenced  a judicial proceeding claiming parental right;\n5. He  has contributed financially to the support of the child, either by\npaying the medical or hospital bills associated with the birth of the\nchild or financially contributed to the child's support; or\n6. He  has married the mother of the child or has lived openly or is\nliving openly with the child or the person designated on the birth\ncertificate as the biological mother of the child.\nA  putative father shall not be made  a party defendant if none of the\nrequirements set forth above have been met, and a biological parent shall\nnot be made  a party defendant if the parental rights of that parent have\nbeen terminated under KRS  Chapter 625, or under a comparable statute\nof another jurisdiction;\n(c) The child's guardian, if it has one.\n(d) If the care, custody, and control of the child has been transferred to the\ncabinet, or any other individual or individuals, institution, or agency, then\nthe cabinet, the other individual or individuals, institution, or agency shall\nbe named  a party defendant, unless the individual or individuals, or the\ninstitution or agency is also the petitioner.\n(2) Each party defendant shall be brought before the court in the same manner as\nprovided in other civil cases except that if the child to be adopted is under\nfourteen (14) years of age and the cabinet, individual, institution, or agency has\ncustody of the child, the service of process upon the child shall be had by\nserving a copy of the summons  in the action upon the cabinet, individual,\ninstitution or  agency,  any  provision of CR  4.04(3) to the  contrary\nnotwithstanding.\n(3) If the child's biological living parents, if the child is born in lawful wedlock, or if\nthe child is born out of wedlock, its mother, and if paternity is established in\nlegal action or if an affidavit is filed stating that the affiant is father of the child,\nits father, are parties defendant, no guardian ad litem need be appointed to\nrepresent the child to be adopted.","path":["KRS Chapter 199"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48522","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:54Z","sha256":"e51926488739f3e34d81af127989cffae6f39ecd724ae609c65ba3034dfc5a5e","source_id":"us-ky","stale":false,"prev":"us-ky/krs-199.475","next":"us-ky/krs-199.490"},"notice":"GroundRules: Original legal text. Not legal advice."}