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AN ACT relating to adoption records. 1
Be it enacted by the General Assembly of the Commonwealth of Kentucky: 2
Section 1. KRS 199.572 is amended to read as follows: 3
(1) (a) At the time the biological parents give up the child for adoption, they shall be 4
asked by the cabinet whether they consent to the inspection of the adoption 5
records by an adult person described in subsection (3) of this section, to 6
personal contact by the child[, or to both] when he or she becomes an adult, 7
or to both. If consent is [then ]given at that time, it can later be revoked. If 8
consent is withheld at that time, the biological parents may give consent at 9
any later time. 10
(b) The initial written statement of consent or refusal of consent to inspection of 11
records or[ and] personal contact shall be filed with the Circuit Court not later 12
than the date of finalization of the adoption proceedings. When a written 13
consent is on file, the records shall be available to an[the] adult[ adopted] 14
person described in subsection (3) of this section, upon his or her request 15
therefor in writing. 16
(2) When any adult adopted person applies in person or in writing to the Circuit Court 17
for authorization to inspect all papers and records pertaining to the adoption 18
proceedings of that adult adopted person as provided in KRS 199.570(1)[, and the 19
biological parents have previously refused consent to inspection of records and to 20
personal contact], the court shall[may], if satisfied as to the identity of the adult 21
adopted person, authorize the adult adopted person to inspect the papers and 22
records[ if written consent is obtained from the biological parents identified on the 23
adult adopted person's original birth certificate]. 24
(3) When any adult person who is the child, grandchild, or sibling of a deceased 25
biological parent who gave a child up for adoption under this chapter, or who is 26
the child, grandchild, or sibling of a deceased adoptee who was given up for 27 UNOFFICIAL COPY 24 RS HB 87/EN
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adoption under this chapter, applies in person or in writing to the Circuit Court 1
for authorization to inspect all papers and records pertaining to the adoption 2
proceedings of that deceased biological parent or deceased adoptee who was part 3
of an adoption proceeding in accordance with KRS 199.570, the court may, if 4
satisfied as to the identity of the adult person and that each biological parent who 5
gave a child up for the adoption listed in the petition is deceased or has given 6
consent to the inspection pursuant to this section, authorize the adult person to 7
inspect the papers and records. 8
(4) (a) The Circuit Court shall, within seven (7) working days of the receipt of the 9
request, direct the secretary of the cabinet to notify each biological parent 10
identified on the adult adopted person's original birth certificate that the adult 11
adopted person or other adult person described in subsection (3) of this 12
section has applied to the court for information identifying the biological 13
parent. Within six (6) months of receiving the notice of the request[ of the 14
adult adopted person], the secretary of the cabinet shall make complete and 15
reasonable efforts to notify each biological parent identified on the adult 16
adopted person's original birth certificate. 17
(b) The secretary may charge a reasonable fee not to exceed two hundred fifty 18
dollars ($250)[ to the adult adopted person] for making this search. Every 19
child-caring facility and child-placing agency in the Commonwealth shall 20
cooperate with the secretary in his or her efforts to notify these biological 21
parents. 22
(5)[(4)] If the cabinet utilizes the services of another person or entity to perform a 23
search under subsection (4)[(3)] of this section, the cabinet shall enter into a formal 24
contract with that person or entity. A person or entity contracted to perform a search 25
shall be licensed under the provisions of KRS Chapter 329A. 26
(6)[(5)] The notification of the biological parents shall not be by mail and shall be by 27 UNOFFICIAL COPY 24 RS HB 87/EN
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personal and confidential contact by the cabinet. The notification shall be done 1
without disclosing the identity of the adult adopted person or other adult person 2
described in subsection (3) of this section. The personal and confidential contact 3
with the biological parents shall be evidenced by filing with the Circuit Court an 4
affidavit of notification executed by the person who notified each parent and 5
certifying each parent was given the following information: 6
(a) The nature of the information requested[ by the adult adopted person]; 7
(b) The date of the request[ of the adult adopted person]; 8
(c) The right of the biological parent to file, within sixty (60) days of receipt of 9
the notice, an affidavit with the Circuit Court stating that an[ the] adult[ 10
adopted] person described in subsection (3) of this section shall be authorized 11
to inspect all papers and records pertaining to the[his] adoption proceedings; 12
(d) The right of the biological parent to file at any time an affidavit authorizing 13
an[the ]adult[ adopted] person described in subsection (3) of this section to 14
inspect all papers and records pertaining to the[his] adoption proceedings; and 15
(e) The right of a biological parent to file an affidavit with the Circuit Court 16
stating that all papers and records pertaining to the adoption proceedings[ of 17
the adult adopted person] shall not be open for inspection by an[the] adult[ 18
adopted] person described in subsection (3) of this section. 19
[(6) The adult adopted person shall not be authorized to inspect the papers and records 20
pertaining to his or her adoption proceedings unless those biological parents 21
identified on the original birth certificate agree in writing to that inspection.] 22
(7) If after diligent and reasonable effort, the secretary of the cabinet certifies that both 23
biological parents identified in the original birth certificate are deceased or the 24
secretary is unable to locate said parents, then a judge of the Circuit Court, upon 25
motion of an[ the] adult[ adopted] person described in subsection (3) of this 26
section, may order that all papers and records of the cabinet[ for Health and Family 27 UNOFFICIAL COPY 24 RS HB 87/EN
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Services] and those of the Circuit Court pertaining to the adoption shall be open for 1
inspection to that[the adult adopted] person.[ In any case, the court shall order that 2
only identifying information about the biological parents be shared with the adult 3
adopted person.] 4
Section 2. KRS 199.570 is amended to read as follows: 5
(1) (a) The files and records of the court during adoption proceedings shall not be 6
open to inspection by persons other than parties to the proceedings, their 7
attorneys, and representatives of the cabinet except under order of the court 8
expressly permitting inspection. 9
(b) Upon the entry of the final order in the case, the clerk shall place all papers 10
and records in the case in a suitable envelope which shall be sealed, or a 11
digital file with restricted access, and shall not be open for inspection by any 12
person, except as provided in Section 1 of this Act[on written order of the 13
court, except that upon the written consent of the biological parents and upon 14
written order of the Circuit Court all papers and records including all files and 15
records of the Circuit Court during proceedings for termination of parental 16
rights provided in KRS 625.108 shall be open for inspection to any adult 17
adopted person who applies in person or in writing to the Circuit Court as 18
provided in KRS 199.572]. Health information received pursuant to KRS 19
199.525 shall be added to the adoption case file. The clerk of the Circuit Court 20
shall set up a separate docket and order book for adoption cases and these files 21
and records shall be kept locked. 22
(c) No person having charge of any adoption records shall disclose the names of 23
any parties appearing in such records or furnish any copy of any such records 24
to any person or other entity that does not meet the requirements of KRS 25
199.572, except upon order of the court which entered the judgment of 26
adoption. 27 UNOFFICIAL COPY 24 RS HB 87/EN
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(2) After entry of the adoption judgment, the clerk of the Circuit Court shall promptly 1
report to the Cabinet for Health and Family Services of Kentucky full information 2
as called for on forms furnished by the Cabinet for Health and Family Services, 3
necessary to make a new birth certificate conforming to the standard birth 4
certificate form. Upon receipt of this information, the Cabinet for Health and 5
Family Services shall cause to be made a new record of the birth and it shall be 6
filed with the original certificate, and the original certificate shall be stamped with 7
the words, "CONFIDENTIAL -- subject to copy and/or inspection only on written 8
order of the court." 9
(3) The new certificate shall set forth the new name, if any, of the adopted child, the 10
names of the adoptive parents, and such other information deemed necessary in 11
accordance with rules and regulations promulgated by the Cabinet for Health and 12
Family Services in issuing of birth certificates. If the adopted child is under 13
eighteen (18) years of age, the birth certificate shall not contain any information 14
revealing the child is adopted and shall show the adoptive parent or parents as the 15
biological parent or parents of the child. If requested by the adoptive parents, the 16
new birth certificate when issued shall contain the location of birth, hospital, and 17
name of doctor or midwife. This information should be given only by an order of 18
the court in which the child was adopted. The new birth certificate shall recite the 19
residence of the adoptive parents as the birthplace of the child and this shall be 20
deemed for all legal purposes to be the birthplace of the child. If no birth certificate 21
is on file for a child born in Kentucky, the Cabinet for Health and Family Services 22
shall prepare a certificate of birth in accordance with the information furnished the 23
cabinet by the clerk of the Circuit Court which issued the adoption order. The 24
Cabinet for Health and Family Services shall furnish to the clerks of the Circuit 25
Courts the necessary forms to carry out the provisions of this section. If the child 26
was born in another state, the order of adoption shall be forwarded to the division of 27 UNOFFICIAL COPY 24 RS HB 87/EN
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vital statistics of the state concerned to be changed in accordance with the laws of 1
such state. If the child was born in a foreign country, the report of adoption shall be 2
returned to the attorney or agency handling the adoption for submission to the 3
appropriate federal agency. 4
(4) Thereafter when any copy of the certificate of birth of any child is issued it shall be 5
a copy of the new certificate of birth, except when an order of the court granting the 6
judgment of adoption shall request the issuance of the copy of the original 7
certificate of the child's birth. 8
(5) If any judgment of adoption is reversed, modified, or vacated in any particular, the 9
clerk of the Circuit Court shall notify the Cabinet for Health and Family Services of 10
the reversal or modification and the effect of same, and the cabinet shall make any 11
necessary changes in its records. 12