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AN ACT relating to adoption records. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
ď˘Section 1. KRS 199.572 is amended to read as follows: 3
(1) At the time the biological parents give up the child for adoption, they shall be asked 4
by the cabinet whether they consent to the inspection of the adoption records, to 5
personal contact by the child, or to both when he or she becomes an adult. If 6
consent is then given, it can later be revoked. If consent is withheld at that time, the 7
biological parents may give consent at any later time. The initial written statement 8
of consent or refusal of consent to inspection of records and personal contact shall 9
be filed with the Circuit Court not later than the date of finalization of the adoption 10
proceedings. When a written consent is on file, the records shall be available to the 11
adult adopted person, upon his or her request therefor in writing. 12
(2) When any adult adopted person applies in person or in writing to the Circuit Court 13
for authorization to inspect all papers and records pertaining to the adoption 14
proceedings of that adult adopted person as provided in KRS 199.570(1), and the 15
biological parents have previously refused consent to inspection of records and to 16
personal contact, the court may, if satisfied as to the identity of the adult adopted 17
person, authorize the adult adopted person to inspect the papers and records if 18
written consent is obtained from the biological parents identified on the adult 19
adopted person's original birth certificate. 20
(3) When any adult person who is the child, grandchild, or sibling of a deceased 21
birth parent who gave a child up for adoption under this chapter, or who is the 22
child, grandchild, or sibling of a deceased adoptee who was given up for adoption 23
under this chapter, applies in person or in writing to the Circuit Court for 24
authorization to inspect all papers and records pertaining to the adoption 25
proceedings of that deceased birth parent or deceased adoptee who was part of an 26
adoption proceeding in accordance with KRS 199.570, the court may, if satisfied 27 UNOFFICIAL COPY 24 RS HB 87/GA
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as to the identity of the adult person and that each birth parent who gave a child 1
up for the adoption listed in the petition is deceased or has given consent to the 2
inspection pursuant to this section, authorize the adult person to inspect the 3
papers and records. 4
(4) The Circuit Court shall, within seven (7) working days of the receipt of the request, 5
direct the secretary of the cabinet to notify each biological parent identified on the 6
adult adopted person's original birth certificate that the person has applied to the 7
court for information identifying the biological parent. Within six (6) months of 8
receiving the notice of the request of the adult adopted person, the secretary of the 9
cabinet shall make complete and reasonable efforts to notify each biological parent 10
identified on the adult adopted person's original birth certificate. The secretary may 11
charge a reasonable fee not to exceed two hundred fifty dollars ($250) to the adult 12
adopted person for making this search. Every child-caring facility and child-placing 13
agency in the Commonwealth shall cooperate with the secretary in his or her efforts 14
to notify these biological parents. 15
(5)[(4)] If the cabinet utilizes the services of another person or entity to perform a 16
search under subsection (4)[(3)] of this section, the cabinet shall enter into a formal 17
contract with that person or entity. A person or entity contracted to perform a search 18
shall be licensed under the provisions of KRS Chapter 329A. 19
(6)[(5)] The notification of the biological parents shall not be by mail and shall be by 20
personal and confidential contact by the cabinet. The notification shall be done 21
without disclosing the identity of the adult adopted person. The personal and 22
confidential contact with the biological parents shall be evidenced by filing with the 23
Circuit Court an affidavit of notification executed by the person who notified each 24
parent and certifying each parent was given the following information: 25
(a) The nature of the information requested by the adult adopted person; 26
(b) The date of the request of the adult adopted person; 27 UNOFFICIAL COPY 24 RS HB 87/GA
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(c) The right of the biological parent to file, within sixty (60) days of receipt of 1
the notice, an affidavit with the Circuit Court stating that the adult adopted 2
person shall be authorized to inspect all papers and records pertaining to his 3
or her adoption proceedings; 4
(d) The right of the biological parent to file at any time an affidavit authorizing 5
the adult adopted person to inspect all papers and records pertaining to his or 6
her adoption proceedings; and 7
(e) The right of a biological parent to file an affidavit with the Circuit Court 8
stating that all papers and records pertaining to the adoption proceedings of 9
the adult adopted person shall not be open for inspection by the adult adopted 10
person. 11
(7)[(6)] The adult adopted person shall not be authorized to inspect the papers and 12
records pertaining to his or her adoption proceedings unless those biological parents 13
identified on the original birth certificate agree in writing to that inspection. 14
(8)[(7)] If after diligent and reasonable effort, the secretary of the cabinet certifies that 15
both biological parents identified in the original birth certificate are deceased or the 16
secretary is unable to locate said parents, then a judge of the Circuit Court, upon 17
motion of the adult adopted person, may order that all papers and records of the 18
Cabinet for Health and Family Services and those of the Circuit Court pertaining to 19
the adoption shall be open for inspection to the adult adopted person. In any case, 20
the court shall order that only identifying information about the biological parents 21
be shared with the adult adopted person. 22