KRS § 199.590 — KY Code / Title XVII / Chapter 199 / Section 199.590
199.590 Prohibited acts and practices in adoption of children -- Expenses paid by prospective adoptive parents to be submitted to court
Status: in_force

199.590 Prohibited acts and practices in adoption of children -- Expenses paid by

prospective adoptive parents to be submitted to court.

(1) A person, corporation, or association shall not advertise in any manner that it will

receive children for the purpose of adoption. A newspaper published in the

Commonwealth of Kentucky or any other publication which is prepared, sold, or

distributed in the Commonwealth of Kentucky shall not contain an advertisement

which solicits children for adoption or solicits the custody of children.

(2) A person, agency, institution, or intermediary shall not sell or purchase or procure

for sale or purchase any child for the purpose of adoption or any other purpose,

including termination of parental rights. This section shall not prohibit a child-

placing agency from charging a fee for adoption services. This section shall not be

construed to prohibit in vitro fertilization. For purposes of this section, "in vitro

fertilization" means the process by which an egg is removed from a woman, and

fertilized in a receptacle by the sperm of the husband of the woman in whose womb

the fertilized egg will thereafter be implanted.

(3) No person, association, or organization, other than the cabinet or a child-placing

institution or agency shall place a child or act as intermediary in the placement of a

child for adoption or otherwise, except in the home of a stepparent, grandparent,

sister, brother, aunt, or uncle, or upon written approval of the secretary. This

subsection shall not be construed to limit the Cabinet for Health and Family

Services in carrying out its public assistance under Title IV-A of the Federal Social

Security Act program in accordance with KRS Chapter 205. This section shall not

be construed to prohibit private independent adoption or the right to seek legal

services relating to a private independent adoption.

(4) A person, agency, institution, or intermediary shall not be a party to a contract or

agreement which would compensate a woman for her artificial insemination and

subsequent termination of parental rights to a child born as a result of that artificial

insemination. A person, agency, institution, or intermediary shall not receive

compensation for the facilitation of contracts or agreements as proscribed by this

subsection. Contracts or agreements entered into in violation of this subsection shall

be void.

(5) A person, organization, group, agency, or any legal entity, except a child-placing

agency, shall not accept any fee for bringing the adoptive parents together with the

child to be adopted or the biological parents of the child to be adopted. This section

shall not interfere with the legitimate practice of law by an attorney.

(6) (a) In every adoption proceeding, the expenses paid, including but not limited to

any fees for legal services, placement services, and expenses of the biological

parent or parents, by the prospective adoptive parents for any purpose related

to the adoption shall be submitted to the court, supported by an affidavit,

setting forth in detail a listing of expenses for the court's approval or

modification.

(b) In the event the court modifies the expense request as it relates to legal fees

and legal expenses only, the attorney for the adoptive parents shall not have

any claim against the adoptive parents for the amount not approved.