Does the other parent still owe child support after a stepparent adoption in Kentucky?

KRS 199.520(2)(c) ends all legal relationship between the child and the biological parents once the adoption is granted, except the parent married to the adoptive parent, so the other parent's duty of support going forward ends with it. Raise any unpaid support owed before the judgment with the court or the child support agency before the hearing.

Does a child adopted by a stepparent in Kentucky inherit from the stepparent?

Under KRS 199.520(2), the child becomes the stepparent's child for all legal considerations from the date the petition was filed. For inheritance and succession, KRS 199.520(2)(b) treats the child as the petitioner's child only if the child was adopted and lived in the petitioner's household before age eighteen. The legal relationship with the other biological parent ends under KRS 199.520(2)(c).

What happens if the other parent objects to a stepparent adoption in Kentucky?

The objecting parent is a party defendant and has the right to legal representation; if the Circuit Court finds the parent indigent, it can appoint counsel under KRS 199.502(3), with a fee of up to $500 set by the court. The adoption is granted without consent only if a KRS 199.502(1) condition, such as abandonment for not less than ninety days, is pleaded and proved, and the court finds the adoption serves the child's best interest.

How long does a stepparent adoption take in Kentucky, and what does it cost?

The child must live in your home for ninety days before you file (KRS 199.470(3)). If the cabinet investigates, KRS 199.510(2) gives it until ninety days after filing to report unless the court extends that time, and the hearing needs at least ten days' notice. Ask the Circuit Court clerk for the current filing fee; the clerk's fee for copying and forwarding the petition is taxed as a cost (KRS 199.510(4)).

Does the parent married to the stepparent have to consent in Kentucky?

That parent does not join the petition, because KRS 199.470(2) excuses the spouse of a petitioner who is married to the child's biological parent. As a living parent, though, their voluntary and informed consent is required by KRS 199.500(1), so file it before judgment as KRS 199.490(2) requires. The adoption does not end that parent's own relationship with the child (KRS 199.520(2)(c)).

Stepparent Adoption in Kentucky

Reviewed by DocDraft Legal Team - Kentucky - Last updated October 6, 2026

In Kentucky a stepparent files a petition for leave to adopt a spouse's child in the Circuit Court of the county where the stepparent resides (KRS 199.470(1)), heard by the family court division where the county has one (KRS 23A.100). The other living parent must give voluntary and informed consent under KRS 199.500(1), unless it is pleaded and proved as part of the adoption proceeding that a condition in KRS 199.502(1) exists, such as abandonment of the child for a period of not less than ninety days; the other parent is made a party defendant and served, and the court must still find the adoption is in the child's best interest. A child twelve years of age or older must consent in court, unless the court in its discretion waives it. Because the petitioner is a stepparent, no cabinet placement approval is needed, but the child must have lived in your home for at least ninety days before you file.

Find out where you stand in Kentucky

Where are you with adopting your stepchild?

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Can a stepparent adopt in Kentucky without the other parent's consent?

Yes, if it is pleaded and proved in the adoption case that a KRS 199.502(1) condition exists, such as abandonment for not less than ninety days. The other parent must be served as a party defendant, may have counsel, and the court must find the adoption serves the child's best interest.

Which court hears a stepparent adoption in Kentucky, and is there a form?

You file in the Circuit Court of the county where you reside, under KRS 199.470(1), and the family court division hears it where one exists. KRS 199.490 lists what the petition must allege, including the child's new name and each parent's address. Ask the Circuit Court clerk whether your county uses a local petition form.

Is a home study required for a stepparent adoption in Kentucky?

Not automatically. For a stepparent, KRS 199.470(4)(a) removes the cabinet placement approval and lets the Circuit Court, in its discretion, order a KRS 199.510 investigation report and a background check. A KRS 199.510 report covers whether the petition is true, the petitioner's fitness, and the child's best interest. Ask the clerk whether your court orders one in stepparent cases.

At what age must the child consent to a stepparent adoption in Kentucky?

Under KRS 199.500(3), a child twelve years of age or older must give consent to the adoption in court. The Circuit Court may waive this requirement in its discretion. The child is also named as a party defendant in the case under KRS 199.480(1)(a), so plan for the child to take part in the process.

Kentucky's KRS 199.502 conditions, the Circuit Court, and the ninety day rule

Kentucky adoptions are filed in the Circuit Court of the county where the petitioner resides, by a person eighteen years of age who is a resident of this state or has resided in this state for twelve months next before filing (KRS 199.470(1)); KRS 23A.100 gives the family court division of Circuit Court jurisdiction over adoption where a county has one. Kentucky's statutes set out the petition's contents in KRS 199.490 rather than naming a form number, so ask the Circuit Court clerk about local forms. Your spouse does not join the petition because you are married to the child's biological parent (KRS 199.470(2)), and no cabinet placement approval is needed for a stepparent (KRS 199.470(4)(a)), but the child must have resided continuously in your home for at least ninety days immediately before filing (KRS 199.470(3)). The other living parent's voluntary and informed consent is required by KRS 199.500(1). The adoption can be granted without it only if it is pleaded and proved as part of the adoption proceeding that any KRS 199.502(1) condition exists, for example that the parent has abandoned the child for a period of not less than ninety days, or, for a period of not less than six months, has continuously or repeatedly failed or refused to provide or has been substantially incapable of providing essential parental care and protection, with no reasonable expectation of improvement considering the age of the child. That parent is a party defendant served as in other civil cases (KRS 199.480), has the right to legal representation (KRS 199.502(3)), and the court must still find the adoption promotes the child's best interest (KRS 199.520(1)(a)). For a stepparent, the court in its discretion may order a KRS 199.510 investigation report and a background check. A child twelve years of age or older must consent in court unless the court waives it (KRS 199.500(3)).

Relevant Laws

Kentucky Revised Statutes 199.500 (Consent to adoption)

An adoption shall not be granted without the voluntary and informed consent of the living parent or parents, subject to listed exceptions. Subsection (3) requires a child twelve years of age or older to consent in court, which the court may waive in its discretion, and subsection (4) allows an adoption without consent if it is pleaded and proved as a part of the adoption proceedings that any of the provisions of KRS 625.090 exist with respect to the child.

Kentucky Revised Statutes 199.502 (Adoption without consent)

An adoption may be granted without the consent of the biological living parents if it is pleaded and proved as part of the adoption proceeding that any listed condition exists, including abandonment for a period of not less than ninety days, or six months of continuously or repeatedly failing or refusing to provide essential parental care and protection with no reasonable expectation of improvement. A non-consenting parent has the right to legal representation.

Kentucky Revised Statutes 199.470 and 199.510 (Petition and investigation)

KRS 199.470 sets the Circuit Court venue, the residency rule, the ninety day residence of the child before filing, and excuses a stepparent from cabinet placement approval while letting the court in its discretion order a KRS 199.510 report and a background check. KRS 199.510 describes the cabinet's investigation and written report to the court.

Kentucky Revised Statutes 199.490 (Contents of adoption petition)

Lists what every adoption petition must allege, including each petitioner's marriage date and place, the child's relationship to each petitioner, the full name the child will use after adoption, and each living parent's name and address. Consents must be filed before the adoption judgment is entered.

Regional Variances

Kentucky stepparent adoption requirements

Court

Circuit Court of the county in which the petitioner resides (KRS 199.470(1)); the family court division of Circuit Court has adoption jurisdiction where one exists (KRS 23A.100(1)(f)).

Petition form

Petition contents are set by KRS 199.490 rather than a numbered statewide form; ask the Circuit Court clerk about local forms. No cabinet placement approval is filed for a stepparent (KRS 199.470(4)(a), 199.490(3)).

Other parent's consent

Voluntary and informed consent of the living parent or parents required (KRS 199.500(1)), filed before the judgment (KRS 199.490(2)). The stepparent's spouse does not join the petition (KRS 199.470(2)).

Proceeding without consent

KRS 199.502(1): pleaded and proved as part of the adoption proceeding that any listed condition exists, including abandonment for not less than ninety days; or not less than six months of continuously or repeatedly failing or refusing to provide, or being substantially incapable of providing, essential parental care and protection with no reasonable expectation of improvement. KRS 199.500(4) also allows an adoption without consent if it is pleaded and proved that any of the provisions of KRS 625.090 exist with respect to the child. Parent is a served party defendant (KRS 199.480) with a right to counsel (KRS 199.502(3)); best interest finding required (KRS 199.520(1)(a)).

Home study

Cabinet investigation and report under KRS 199.510; for a stepparent, the court in its discretion may order a KRS 199.510 report and a background check under KRS 199.473(8) (KRS 199.470(4)(a)).

Residency or waiting period

Petitioner is a Kentucky resident or has resided in Kentucky twelve months before filing (KRS 199.470(1)); child must have resided continuously in the petitioner's home at least ninety days immediately before filing (KRS 199.470(3)).

Child's consent age

Twelve years of age or older, consent given in court; the court in its discretion may waive it (KRS 199.500(3)).

Suggested Compliance Checklist

Decide the consent route for the other parent

Before filing days after starting

Ask for voluntary and informed consent first. If you will rely on KRS 199.502(1), identify which condition you can plead and prove, such as abandonment for not less than ninety days, or not less than six months of continuously or repeatedly failing or refusing to provide essential parental care and protection, with no reasonable expectation of improvement considering the age of the child, and gather records. The parent must be served as a party defendant, may have counsel, and the court must still find the adoption is in the child's best interest.

Wait out the ninety days and file the petition

After ninety days of residence days after starting

Confirm the child has resided continuously in your home for at least ninety days (KRS 199.470(3)), then file a petition meeting KRS 199.490 in the Circuit Court of your county. Ask the clerk about local forms and the filing fee.

Serve the parties and track any investigation

After filing days after starting

Have the other parent and the child served as parties defendant under KRS 199.480. Ask the clerk whether the court has ordered a KRS 199.510 report or a background check, since that report must be filed before a hearing can be set under KRS 199.515.

Gather the written consents

Before the judgment days after starting

Collect the consents from your spouse and, unless a KRS 199.502 condition is proved, the other parent, and file them before the judgment as KRS 199.490(2) requires. A child twelve years of age or older consents in court unless the court waives it.

Confirm the child's new name and update records

After the judgment days after starting

The judgment changes the child's name to the one in your petition (KRS 199.520(1)(b)), so list it correctly when you file. Order certified copies of the judgment for schools, Social Security, and passports while the new birth certificate is issued. A separate name change petition is needed only for a change outside the adoption.

Document: name-change-petition

Task	Description	Document	Days after starting
Decide the consent route for the other parent	Ask for voluntary and informed consent first. If you will rely on KRS 199.502(1), identify which condition you can plead and prove, such as abandonment for not less than ninety days, or not less than six months of continuously or repeatedly failing or refusing to provide essential parental care and protection, with no reasonable expectation of improvement considering the age of the child, and gather records. The parent must be served as a party defendant, may have counsel, and the court must still find the adoption is in the child's best interest.	-	Before filing
Wait out the ninety days and file the petition	Confirm the child has resided continuously in your home for at least ninety days (KRS 199.470(3)), then file a petition meeting KRS 199.490 in the Circuit Court of your county. Ask the clerk about local forms and the filing fee.	-	After ninety days of residence
Serve the parties and track any investigation	Have the other parent and the child served as parties defendant under KRS 199.480. Ask the clerk whether the court has ordered a KRS 199.510 report or a background check, since that report must be filed before a hearing can be set under KRS 199.515.	-	After filing
Gather the written consents	Collect the consents from your spouse and, unless a KRS 199.502 condition is proved, the other parent, and file them before the judgment as KRS 199.490(2) requires. A child twelve years of age or older consents in court unless the court waives it.	-	Before the judgment
Confirm the child's new name and update records	The judgment changes the child's name to the one in your petition (KRS 199.520(1)(b)), so list it correctly when you file. Order certified copies of the judgment for schools, Social Security, and passports while the new birth certificate is issued. A separate name change petition is needed only for a change outside the adoption.	name-change-petition	After the judgment

Frequently Asked Questions

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Expunging a Criminal Record in Kentucky (2026)

Filing a Workplace Harassment Complaint in Kentucky

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