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How to Adopt an Adult in Kentucky

Reviewed by DocDraft Legal Team · Kentucky · Last updated October 7, 2026

Kentucky changed the inheritance answer in July 2026, and that single change reshapes why most families file here. Adult adoption in Kentucky is a Circuit Court proceeding that permanently makes one adult the legal parent of another adult, carrying the parent and child relationship and the next of kin consequences that follow. The eligibility rule is one sentence, and it sits outside the adoption chapter entirely. KRS 405.390 provides that an adult person over eighteen years of age may be adopted in the same manner as the adoption of a child and with the same legal effect, except that the adult's consent alone is required. There is no category list, no disability or former stepchild predicate, and no minimum number of years between the two of you. The person adopting must be at least eighteen and must either live in Kentucky or have lived here for twelve months before filing (KRS 199.470(1)). Because the adult's consent alone controls, nothing is required from the adult's own husband or wife, and birth parents are not made parties where the person adopted is eighteen or older (KRS 199.480(1)(b)). A married petitioner's spouse still joins the petition (KRS 199.470(2)). Then the new limit. Since July 15, 2026, KRS 199.520(2)(b) deems the adoptee your child for inheritance and succession only if the adoptee resided in your household before turning eighteen. The judgment still makes that person your legal child for every other purpose and still changes their name. Attorney review of your petition is available through DocDraft.

Find out where you stand in Kentucky

Who are you hoping to adopt?

DocDraft provides document preparation, not legal advice.

Who can be adopted as an adult in Kentucky?

Any adult person over eighteen years of age may be adopted in Kentucky (KRS 405.390). The statute attaches no list of qualifying categories, so the person does not need a disability, a former stepchild tie, or a foster history. Kentucky also sets no minimum age gap between the two parties.

Whose consent is required for an adult adoption in Kentucky?

Only the adult being adopted. KRS 405.390 states that the adult's consent alone to the adoption shall be required. Birth parents are made parties defendant only where the person adopted is a child under eighteen (KRS 199.480(1)(b)). A married petitioner's spouse must still join the petition (KRS 199.470(2)).

Does a Kentucky adult adoption give the adoptee inheritance rights?

Usually not. Since July 15, 2026, KRS 199.520(2)(b) deems the adoptee the child of the petitioners for inheritance and succession only if the adoptee resided in the petitioners' household before turning eighteen. The judgment still creates the parent and child relationship for all other legal considerations.

Which court handles an adult adoption in Kentucky?

The Circuit Court of the county where the petitioner resides (KRS 199.470(1)). Kentucky has no probate court for this. In counties with a family court division, that division is part of Circuit Court and holds adoption jurisdiction under KRS 23A.100(1)(f), so the clerk routes the case there.

Kentucky adult adoption at a glance

A Kentucky adult adoption is a Circuit Court judgment that makes one adult the permanent legal parent of another adult, with all the legal consequences of a natural parent and child (KRS 199.520(2)(a)). Kentucky gates it behind no categories at all. One sentence, KRS 405.390, opens it to any adult over eighteen and makes that adult's consent the only consent required. No age gap applies. The adoptee's husband or wife is not consulted, and birth parents drop out once the person adopted is eighteen. What Kentucky took away is inheritance. Since July 15, 2026, succession passes only to an adoptee who lived in the petitioners' household before age eighteen (KRS 199.520(2)(b)). Name change in the judgment is mandatory, not optional.

A Louisville stepfather and the 2026 inheritance line

Two Jefferson County filings land the same week and split on one fact. A stepfather petitions to adopt the 34 year old he raised from age nine; she lived in his household well before eighteen, so KRS 199.520(2)(b) is satisfied and succession passes. A second petitioner, married, wants to adopt a 52 year old friend he met eight years ago. Eligibility is not the problem, because KRS 405.390 reaches any adult over eighteen on that adult's consent alone and sets no age gap. Inheritance is the problem. That adoptee never resided in his household before eighteen, so the judgment will make them legal parent and child for every other purpose and still carry no succession right. His wife must join either petition under KRS 199.470(2). Attorney review of either petition is available through DocDraft.

Relevant Laws

KRS 405.390 (adoption of an adult)

The entire Kentucky adult eligibility and consent rule, and it sits in the Parent and Child chapter rather than the adoption chapter. An adult over eighteen may be adopted in the same manner as a child and with the same legal effect, except that the adult's consent alone is required.

KRS 199.520(2)(b) (inheritance limited, effective July 15, 2026)

Provides that for purposes of inheritance and succession the adoptee is deemed the child of the petitioners only if the adoptee was adopted and resided in the petitioners' household before eighteen years of age. Added by 2026 Ky. Acts ch. 134, sec. 31. Subsection (1)(b) also makes the name change mandatory.

KRS 199.470 (court, residency, spousal joinder)

Places the petition in the Circuit Court of the county where the petitioner resides, requires the petitioner to be at least eighteen and either a Kentucky resident or resident for twelve months before filing, and requires a married petitioner's husband or wife to join in the petition.

KRS 199.480 (parties defendant, and the age cutoff for birth parents)

Makes the person to be adopted a party defendant, and makes biological living parents parties defendant only where the person adopted is a child under eighteen. That age cutoff is why birth parents drop out of an adult adoption in Kentucky.

Supreme Court of Kentucky Order 2026-15 (Circuit civil filing fee)

The adopting order that amended CR 3.02(1) effective July 1, 2026 to set the Circuit Court civil filing fee at $188.00, and directs that the KRS 27A.630 fee, a $20.00 court technology fee, and other required fees be paid in addition. KRS 23A.200(1) delegates the fee to Supreme Court rule.

Regional Variances

Kentucky adult adoption rules at a glance

Who may be adopted

Any adult person over eighteen years of age, with no enumerated categories and no disability, stepchild, or foster predicate (KRS 405.390). KRS 2.015 sets the age of majority at eighteen. Separately, the chapter's definition of adult adopted person at twenty-one in KRS 199.011(2) governs records access only, not eligibility.

Age relationship

No requirement at all. Kentucky sets no minimum number of years between the parties and does not require the adoptee to be younger than the petitioner. The only age rules are over eighteen for the adoptee (KRS 405.390) and at least eighteen for the petitioner (KRS 199.470(1)).

Consent of the adoptee

Required, and it is the only consent the statute names: the adult's consent alone to the adoption shall be required (KRS 405.390). Any consent must be filed before entry of the adoption judgment (KRS 199.490(2)).

Consent of the adoptee's spouse

Nothing is required. Neither consent, nor joinder, nor notice. A term scan of the adoption subdivision of KRS Chapter 199 found every spouse, husband, and wife reference to concern the petitioner's spouse or a biological parent married to an adoptive parent, and KRS 405.390 names no spouse at all.

The petitioner's spouse

Must JOIN in the petition, which is a stronger act than consenting (KRS 199.470(2)). Two exceptions: the petitioner is married to a biological parent of the person being adopted, or the court finds that requiring a joint petition would deny a suitable home.

Birth parents

No consent and no party status. KRS 199.480(1)(b) makes biological living parents parties defendant only where the person adopted is a child under eighteen, so the rule is age scoped rather than expressly waived. KRS 405.390 independently makes the adult's consent the only one required.

Court and venue

Circuit Court of the county where the petitioner resides (KRS 199.470(1)). Where a county has a family court division, that division is part of Circuit Court and carries adoption jurisdiction (KRS 23A.100(1)(f)). Kentucky has no probate or surrogate's court for adoption.

Residency

The petitioner must be a Kentucky resident, or must have resided in Kentucky for twelve months before filing (KRS 199.470(1)). A current resident faces no waiting period, because the test is disjunctive. The requirement attaches to the petitioner, not to the adult being adopted.

Filing fee

$188.00 Circuit civil filing fee under CR 3.02(1), as amended by Supreme Court of Kentucky Order 2026-15 effective July 1, 2026, plus a $20.00 Access to Justice Fee (KRS 27A.630(1)) and a $20.00 court technology fee. Service of process is $20.00 per process (KRS 23A.200(2)).

Investigation

No express waiver exists. The investigation and report requirement in KRS 199.510(1) is written for a petition for the adoption of a minor child, and KRS 199.011(4) defines child as a person under eighteen, so it does not reach an adult by its terms. The home study provisions in KRS 199.473 are placement rules.

Name change

Mandatory in the judgment. KRS 199.520(1)(b) provides that the name shall be changed to conform with the prayer of the petition, and KRS 199.490(1)(d) makes the new name required petition content. The clerk then reports to the Cabinet for a new birth record (KRS 199.570(2)).

Inheritance

Restricted since July 15, 2026. KRS 199.520(2)(b) deems the adoptee the child of the petitioners for inheritance and succession only where the adoptee resided in the petitioners' household before eighteen. KRS 199.520(2)(a) keeps all other legal consequences, and (2)(c) terminates the biological tie except for a biological parent married to an adoptive parent.

Unresolved prerequisites

KRS 405.390 borrows the child adoption procedure, and KRS 199.470(3) and (4) carry a ninety day in home residence rule and a cabinet placement or secretary approval rule, both written in terms of a child. Whether either binds an adult filing is unresolved on the face of the statutes and is a question for your Circuit Court clerk.

Forms

No statewide adult adoption form was located on the judicial branch form catalog, and that catalog could not be rendered in full, so treat its absence as unconfirmed rather than settled. KRS 199.490(1) supplies the required petition contents whether or not a form exists.

Suggested Compliance Checklist

Test your goal against the 2026 inheritance rule

Before you draft anything days after starting

Establish whether the adult resided in your household before turning eighteen. KRS 199.520(2)(b) limits inheritance and succession to that case since July 15, 2026. If the answer is no, decide whether a will or trust better serves the goal before you spend the filing fee.

Confirm eligibility and your own residency

Before drafting days after starting

Verify the adult is over eighteen (KRS 405.390) and that you are at least eighteen and either a Kentucky resident or a twelve month resident before filing (KRS 199.470(1)). Confirm your county's Circuit Court clerk, and whether that county routes adoption to a family court division.

Prepare the adult's written consent

Before filing days after starting

Draft the sworn consent of the adult being adopted, which KRS 405.390 makes the only consent the statute requires. KRS 199.490(2) directs that any consent to adoption be filed before entry of the adoption judgment. Attorney review of the consent is available through DocDraft.

Draft the petition to the KRS 199.490 contents

With the consent days after starting

Allege every item KRS 199.490(1) requires, including names, dates and places of birth, residences and mailing addresses, your marriage date if married, the relationship between you, a description of the adoptee's property, and the full name by which the adoptee will be known after adoption.

Add your spouse as a joining petitioner

With the petition days after starting

If you are married, KRS 199.470(2) requires your husband or wife to join in the petition rather than merely consent, unless you are married to a biological parent of the person being adopted or the court waives the requirement. Name them as a petitioner on the caption.

Ask the clerk about KRS 199.470(3) and (4)

Before you pay the fee days after starting

KRS 405.390 imports the child adoption procedure, and KRS 199.470(3) and (4) carry a ninety day in home residence rule and a cabinet approval rule framed around a child. Ask your Circuit Court clerk whether either is applied to an adult petition in that county.

File in Circuit Court and pay

When the papers are signed days after starting

File the petition and consent in the Circuit Court of your county of residence (KRS 199.470(1)). Pay $188.00 under CR 3.02(1) as amended by Supreme Court Order 2026-15, plus the $20.00 Access to Justice Fee and the $20.00 technology fee, plus any county facility and library charge.

Attend the hearing and check the judgment

On your hearing date days after starting

KRS 199.515 provides for a hearing in chambers in privacy with ten days' notice to necessary parties. Read the judgment to confirm the name change required by KRS 199.520(1)(b), then watch for the clerk's report to the Cabinet for a new birth record under KRS 199.570(2).

Frequently Asked Questions

Other Kentucky guides

Adverse Possession in Kentucky: Fifteen Years, or Seven With Record Title

Asset Protection Planning in Kentucky (2026)

Dealing With Debt Collectors in Kentucky (2026)

Expunging a Criminal Record in Kentucky (2026)

Filing a Workplace Harassment Complaint in Kentucky

Filing Chapter 7 Bankruptcy in Kentucky (2026)

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