{"data":{"id":"us-ky/krs-199.502","jurisdiction":"us-ky","citation":"KRS 199.502","heading":"Conditions necessary for adoption without consent of child's biological","body":"living parents -- Court decision -- Representation of biological parent.\n(1) Notwithstanding the provisions of KRS 199.500(1), an adoption may be granted\nwithout the consen t of the biological living parents of a child if it is pleaded and\nproved as part of the adoption proceeding that any of the following conditions exist\nwith respect to the child:\n(a) That the parent has abandoned the child for a period of not less than nin ety\n(90) days;\n(b) That the parent had inflicted or allowed to be inflicted upon the child, by other\nthan accidental means, serious physical injury;\n(c) That the parent has continuously or repeatedly inflicted or allowed to be\ninflicted upon the child, by other than accidental means, physical injury or\nemotional harm;\n(d) That the parent has been convicted of a felony that involved the infliction of\nserious physical injury to a child named in the present adoption proceeding;\n(e) That the parent, for a perio d of not less than six (6) months, has continuously\nor repeatedly failed or refused to provide or has been substantially incapable\nof providing essential parental care and protection for the child, and that there\nis no reasonable expectation of improvement  in parental care and protection,\nconsidering the age of the child;\n(f) That the parent has caused or allowed the child to be sexually abused or\nexploited;\n(g) That the parent, for reasons other than poverty alone, has continuously or\nrepeatedly failed to provide or is incapable of providing essential food,\nclothing, shelter, medical care, or education reasonably necessary and\navailable for the child's well -being and that there is no reasonable expectation\nof significant improvement in the parent's conduct in the immediately\nforeseeable future, considering the age of the child;\n(h) That:\n1. The parent's parental rights to another child have been involuntarily\nterminated;\n2. The child named in the present adoption proceeding was born\nsubsequent to or during the pendency of the previous termination; and\n3. The condition or factor which was the basis for the previous termination\nfinding has not been corrected;\n(i) That the parent has been convicted in a criminal proceeding of having caused\nor contributed to the death of another child as a result of physical or sexual\nabuse or neglect; or\n(j) That the parent is a putative father, as defined in KRS 199.503, who fails to\nregister as the minor's putative father with the putative father registry\nestablished under KRS 199.503 or the court finds, after proper service of\nnotice and hearing, that:\n1. The putative father is not the father of the minor;\n2. The putative father has willfully abandoned or willfully failed to care for\nand support the minor; or\n3. The putative father has willfully abandoned the mother of the minor\nduring her pregnancy and up to the time of her surrender of the minor, or\nthe minor's placement in the home of the petitioner, whichever occurs\nfirst.\n(2) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter\nfindings of fact, conclusions of law, and a decision either:\n(a) Granting the adoption without the biological parent's consent; or\n(b) Dismissing the adoption petition, and stating whether the child shall be\nreturned to the biological parent or the child's custody granted to the state,\nanother agency, or the petitioner.\n(3) A biological living parent has the right to legal representation in an adoption\nwherein he or she does not consent. The Circuit Court s hall determine if a\nbiological living parent is indigent and, therefore, entitled to counsel pursuant KRS\nChapter 31. If the Circuit Court so finds, the Circuit Court shall inform the indigent\nparent; and, upon request, if it appears reasonably necessary i n the interest of\njustice, the Circuit Court shall appoint an attorney to represent the biological living\nparent pursuant to KRS Chapter 31 to be provided or paid for by:\n(a) The petitioner, a fee to be set by the court and not to exceed five hundred\ndollars ($500); or\n(b) The Finance and Administration Cabinet if the petitioner is a blood relative or\nfictive kin as established in KRS 199.470(4)(a), a fee to be set by the court\nand not to exceed five hundred dollars ($500).","path":["KRS Chapter 199"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48068","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:51:54Z","sha256":"f53aea8a1444f8648a597ef98ce667c2408ddc68f12e43ada40cebea66cd6ddb","source_id":"us-ky","stale":false,"prev":"us-ky/krs-199.500","next":"us-ky/krs-199.503"},"notice":"GroundRules: Original legal text. Not legal advice."}