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Adoption
Adoption is a legal process for making a child a permanent member of a family other than the child's birth family. This legal process falls under the jurisdiction of a court of law in the State where the adoption occurs.
- In Kentucky ,
- Any person, age 18 or older, who has been a State resident for at least 12 months may adopt. A husband and wife must petition jointly.
- Any child may be adopted.
- The following individuals must consent to an adoption:
- The parents or surviving parent of a child born in wedlock,
- The mother,
- The father, if he is married to the mother or otherwise has established paternity.
- A child 12 years of age or older must consent to the adoption
- Parental consent is not needed if a parent
- Has abandoned or failed to support the child for a period of not less than 90 days;
- Has inflicted serious injury or allowed the child to be sexually abused;
- Has had parental rights to the child or another child terminated;
- Has been adjudicated as mentally disabled.
- A petition for voluntary termination of parental rights shall be filed in the circuit court of the county where petitioner resides or has resided for at least 12 months.
- No adoptive parent, agency, or intermediary shall pay the attorney's fees of a biological parent except as approved by the court.
- Fees for legal services
- Cost of placement services
- personal expenses of the birth parents
The following birth parent expenses are allowed:
The expenses paid shall be submitted to the court, supported by an affidavit, detailing the expenses for the court's approval or modification.
Intercountry Adoption
The number of Americans adopting children from other countries is constantly growing. According to the U.S. Department of State, 22,728 children received visas in 2005 to come to the United States for adoption.
What You Should Know About International Adoption:
The process can be more predictable than domestic adoption.
Children become available for adoption in other countries for many of the same reasons children come into foster care in the United States .
Younger children are available for adoption.
Intercountry adoption offers opportunities for a connection to the child's first culture.
Contact with birth parents is rare.
Ukrainian Adoption
Ukrainian authorities will start accept new adoption dossiers from non-Ukrainian adoptive parents on January 1, 2007. Ukrainian children who have been registered with the Kyiv-based State Department for Adoptions and Protection of Rights of the Child for one year are available for international adoption. The one-year waiting requirement may be waived only if children suffer from a disease listed with the Ministry of Public Health Protection.
AGE AND CIVIL STATUS REQUIREMENTS: Married and single people may adopt from Ukraine . Prospective adopting parents have to be of legal age (18 years old and older), and the difference between the age of the adopting parent and adopted child must be at least 15 years, although this can be waived if circumstances warrant. If the child is adopted by a relative, the age difference is not considered.
Each adoption application is considered by Ukrainian adoption authorities on an individual basis.
RESIDENTIAL REQUIREMENTS: There are no residency requirements to adopt in Ukraine .
TIME FRAME: It takes anywhere between three to twelve months after adopting parents submit their dossier to the State Department for Adoptions and Protection of Rights of the Child until the appointment date.
Readoption
What is "readoption"?
The term "readoption" refers to a legal process by which a circuit court in the state of the adoptive parents' residence reviews the adoption decree issued abroad along with additional information if necessary, and issues a new adoption decree, independent from the foreign judgment of adoption, stating that the child has been adopted in conformity with the law in the applicable state.
Is A Readoption Required in Kentucky ?
In Kentucky , a readoption is not required; however, many adoptive families choose to readopt their child anyway to ensure that the adopted child is entitled to all of the rights and privileges under U.S. and U.S. state law.
According to Chapter 213, Section 056(2) of the Kentucky statutes, the State Registrar will prepare a record of foreign birth for a foreign-born child who was adopted by a State resident and whose record of birth cannot be obtained from the country of birth. The certificate will state that it is not evidence of U.S. citizenship for the child.