Bench & Bar July/August 2025

IN KENTUCKY BY JILL M. BRISCOE, ESQ. AND ANNA L. DOMINICK, ESQ. ion

DO ADOPTIVE PARENTS QUALIFY FOR ANY SPECIAL BENEFITS? This issue is unclear and confusing for many. Persons who adopt special needs children from foster care may receive various benefits. First, adoptive parent(s) may receive a monthly stipend based upon the status of their foster care home. If they have received certain training, they receive a higher monthly rate. In addition, they may be reimbursed for work-related childcare assistance up to age 13. Upon application, they may be reimbursed for the amount of out of pocket expenses they pay for their private health insurance premium each month if they add the child they have adopted to their

private insurance plan. Moreover, children still obtain their Medicaid card even if they are also covered on a private health insurance plan. When children adopted from foster care are eligible to attend college, Kentucky will pay the cost for in-state tuition. Kentucky will also reimburse for certain tutoring expenses. Kentucky will pay $2,000 towards legal expenses related to the

adoption. There are other benefits associated with adoption regarding certain children and circumstances. It is advisable to speak to an attorney to understand all the benefits available depending on the facts and circumstances of the individual child.

DO FOSTER PARENTS RECEIVE SPECIAL BENEFITS?

Foster parents qualify for the Adoption Tax Credit when they adopt. The 2025 Adoption Tax Credit is $16,810.00 for the 2025 tax year and this credit typically increases each year. The credit will roll over for up to five years if you do not earn enough in the year you adopt to qualify for the entire credit. It is wise to advise foster parents who are adopting to speak with an accountant when they file their taxes in the tax year that they adopt to maximize this credit. ARE THE ONLY BENEFITS FROM THE GOVERNMENT? Many employers also provide benefits regarding adoption, but most parents do not know to ask their employers about these benefits. Benefits exist for both the parents and children made a family through adoption. The above are a few of the most common ques tions asked by those interested in the process.

HOW LONG IS THE ADOPTION PROCESS?

Once again, it depends. It ranges from a couple of months to several years. Foster care adoptions typically take a few months from the time the petition for adoption is filed until the judgment for adoption is entered. Because the parental rights of the biological parents have been terminated and the full care, custody and control of the child is vested in the Cabinet, these actions are not typically contested. Thus, prospective adoptive parents can seek a final adoption hearing much quicker. Likewise, adult adoptions proceed rel atively quickly. Unlike other types of adoptions, adult adoptions do not require reports from the Cabinet and/or a Guardian Ad Litem. They only necessitate the consent of the adult being adopted, per KRS 405.390. Once a petition for adoption of an adult is filed and served on all necessary parties, the prospective adoptive parent can request a final hearing date. It is not uncommon for a hearing to occur a month or two thereafter. Conversely, international adoptions and con tested independent adoptions could take a year, or several years, from the date the prospective adoptive parent files their petition for adoption until the Court enters a judgment of adoption. This is because of prolonged litigation, which could be due to the complexity of the case, strategic delays, challenges to the birth parents’ consents, procedural deficiencies, bureaucratic delays, etc.

ABOUT THE AUTHORS JILL M. BRISCOE attended the Appalachian School of Law in Grundy, Va. While in law school, she was a senior editor of her law review, The Appalachian Journal of Law, and became a Court Appointed Special Advocate volunteer where she real ized her passion for family law. She graduated cum laude in May of 2014 and was admitted to the Kentucky Bar in October of 2014. Shortly thereafter, she became the staff attorney for the Hon.

Lisa Hart Morgan, Family Court Judge of the 14 th Judicial District, and served in that position for the next two years. She has practiced family law with Osborne Family Law PLLC in Lexington since 2017 and is currently a partner in the firm.

25 bench & bar ANNA L. DOMINICK is of counsel at Osborne Family Law PLLC in Lexington. Dominick has practiced family law since graduating from the University of Kentucky College of Law in 2008. She has chaired the Family Law Section of the Fayette County Bar Association twice, served on the Grandparents as Parents Committee for many years, served on the Kentucky Bar Association Family Law Section Committee, and has been actively involved in the foster parent community.