Bench & Bar July/August 2025

Adopti

FEATURE: COCKTAIL LAW VOL. II

T he authors are both former foster parents and have adopted children from foster care and have an adoption practice. As a result, they receive many ques tions about fostering and adoption. The foster and adoption systems are set up in such a way to attempt to prevent disruptions in placement and with adoptions. Disrup tions cause adverse childhood experiences that lead to trauma which carries into adulthood if interventions are not received. While both authors adopted children from foster care, there are several other types of adoptions. They wanted to share their answers to the most common questions they asked about adoption.

WHAT IS THE COST OF ADOPTION? One of the most commonly asked questions about adoption is how much does an adoption cost. In true lawyer fashion, the answer is…it depends. For example, in general, foster care adoptions are significantly less because [1] the Commonwealth of Kentucky has already sought a termination of parental rights of the biological parents under KRS Chapter 625 and [2] the Court entered a judgment terminating parental rights. Therefore, the potential adoptive parents need to plead and prove that the facts stated in the petition for adoption have been established and that all legal requirements relating to the adoption have been complied with, consistent with KRS 199.520. A foster care adoption hearing is relatively short (some are as short as 15 minutes), and the Commonwealth of Kentucky may pay or reimburse a portion of the legal fees incurred. [See the Kentucky Adoption Assistance Handbook]. In contrast, if a person wishes to do an independent adoption, and the biological parents do not consent, KRS 199.502 sets forth the framework for proceeding with an adoption without the consent (as defined in KRS 199.011(17)) of the biological parents. The potential adoptive parents must plead and prove that one of the conditions enumerated in KRS 199.502(1)(a)-(i) exist as a basis on which to proceed without the biological parent’s consent. The potential adoptive parent(s) are seeking to terminate the parental rights of the biological parents as part of the adoption process. A biological living parent has the right to legal representation in an adoption wherein he or she does not consent. Given the biological parents’ opposition to the adoption, a longer hearing is required, which could be scheduled for one or more days. Prior to the evidentiary hearing, parties may propound discovery, request case management conferences with the Court, and possibly attend mediation. All of these things will likely substantially increase adoption expenses, sometimes costing tens of thousands of dollars.

WHAT ARE THE DIFFERENT TYPES OF ADOPTIONS?

There are Cabinet of Health and Family Services (“Cabinet”)/ foster care adoptions, private agency adoptions, independent adoptions, step parent adoptions, recognition of foreign adoptions, and adult adoptions.

WHO MIGHT BE ADOPTING? Many people who end up with a child in their care are either relatives or “fictive kin.” Fictive kin is a term for persons who have a relationship with the minor child prior to the child’s removal from the home, and are chosen as a care provider for the child. Many people do not realize that relatives and fictive kin providers can become child specific foster care homes. If a care provider becomes a specific foster care home, they are entitled to receive foster parent benefits. For exam ple, foster parents receive a monthly stipend, childcare assistance for work related childcare needs, Medicaid insurance coverage, and will qualify for benefits if the care providers adopt the child later.

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