KRS § 199.572 — KY Code / Title XVII / Chapter 199 / Section 199.572
199.572 Inspection of adoption records -- Limitations
Status: in_force

199.572 Inspection of adoption records -- Limitations.

(1) (a) At the time the biological parents give up the child for adoption, they shall be

asked by the cabinet whether they consent to the inspection of the adoption

records by an adult person described in subsection (3) of this section, to

personal contact by the child when he or she becomes an adult, or to both. If

consent is given at that time, it can later be revoked. If consent is withheld at

that time, the biological parents may give consent at any later time.

(b) The initial written statement of consent or refusal of consent to inspection of

records or personal contact shall be filed with the Circuit Court not later than

the date of finalization of the adoption proceedings. When a written consent is

on file, the records shall be available to an adult person described in

subsection (3) of this section, upon his or her request therefor in writing.

(2) When any adult adopted person applies in person or in writing to the Circuit Court

for authorization to inspect all papers and records pertaining to the adoption

proceedings of that adult adopted person as provided in KRS 199.570(1), the court

shall, if satisfied as to the identity of the adult adopted person, authorize the adult

adopted person to inspect the papers and records.

(3) When any adult person who is the child, grandchild, or sibling of a deceased

biological parent who gave a child up for adoption under this chapter, or who is the

child, grandchild, or sibling of a deceased adoptee who was given up for adoption

under this chapter, applies in person or in writing to the Circuit Court for

authorization to inspect all papers and records pertaining to the adoption

proceedings of that deceased biological parent or deceased adoptee who was part of

an adoption proceeding in accordance with KRS 199.570, the court may, if satisfied

as to the identity of the adult person and that each biological parent who gave a

child up for the adoption listed in the petition is deceased or has given consent to

the inspection pursuant to this section, authorize the adult person to inspect the

papers and records.

(4) (a) The Circuit Court shall, within seven (7) working days of the receipt of the

request, direct the secretary of the cabinet to notify each biological parent

identified on the adult adopted person's original birth certificate that the adult

adopted person or other adult person described in subsection (3) of this

section has applied to the court for information identifying the biological

parent. Within six (6) months of receiving the notice of the request, the

secretary of the cabinet shall make complete and reasonable efforts to notify

each biological parent identified on the adult adopted person's original birth

certificate.

(b) The secretary may charge a reasonable fee not to exceed two hundred fifty

dollars ($250) for making this search. Every child-caring facility and child-

placing agency in the Commonwealth shall cooperate with the secretary in his

or her efforts to notify these biological parents.

(5) If the cabinet utilizes the services of another person or entity to perform a search

under subsection (4) of this section, the cabinet shall enter into a formal contract

with that person or entity. A person or entity contracted to perform a search shall be

licensed under the provisions of KRS Chapter 329A.

(6) The notification of the biological parents shall not be by mail and shall be by

personal and confidential contact by the cabinet. The notification shall be done

without disclosing the identity of the adult adopted person or other adult person

described in subsection (3) of this section. The personal and confidential contact

with the biological parents shall be evidenced by filing with the Circuit Court an

affidavit of notification executed by the person who notified each parent and

certifying each parent was given the following information:

(a) The nature of the information requested;

(b) The date of the request;

(c) The right of the biological parent to file, within sixty (60) days of receipt of

the notice, an affidavit with the Circuit Court stating that an adult person

described in subsection (3) of this section shall be authorized to inspect all

papers and records pertaining to the adoption proceedings;

(d) The right of the biological parent to file at any time an affidavit authorizing an

adult person described in subsection (3) of this section to inspect all papers

and records pertaining to the adoption proceedings; and

(e) The right of a biological parent to file an affidavit with the Circuit Court

stating that all papers and records pertaining to the adoption proceedings shall

not be open for inspection by an adult person described in subsection (3) of

this section.

(7) If after diligent and reasonable effort, the secretary of the cabinet certifies that both

biological parents identified in the original birth certificate are deceased or the

secretary is unable to locate said parents, then a judge of the Circuit Court, upon

motion of an adult person described in subsection (3) of this section, may order that

all papers and records of the cabinet and those of the Circuit Court pertaining to the

adoption shall be open for inspection to that person.