Legal Authority/Introduction

LEGAL AUTHORITY:

• KRS 199.525 Dissemination of post-adoption information about medical or genetic condition affecting an adopted person.

If a biological parent, an adult biological sibling or provider of medical services submits a physician-verified statement regarding a physical or mental health condition that has the potential to affect the adopted person’s quality of life, the following procedures must occur.

Procedure

The central office Adoption Services Branch adoption specialist:

1. Makes a diligent effort to locate and notify the adopted person, adoptive parents of the adopted child or adult adopted person of the health issue;
2. Does not provide any identifying information without a court order;
3. Submits the updated health information to the Circuit or Family court clerk where the adoption was finalized and requests the information be placed in the court record;
4. Initiates procedures to locate and notify the adult adopted person, adoptive parents of the adopted child or adoptable person if the health information received includes physician-verified condition(s) that may potentially affect the physical or mental health of genetically related persons.

The SSW:

1. Forwards any updated health information received in the local office to the central office Adoption Services Branch adoption specialist for necessary action and filing in the Cabinet's adoption record.

Practice Guidance

• If a private child placing agency or the court receives health information as above, the information will be submitted immediately to the central office adoption specialist for necessary action and to be placed in the Cabinet's adoption record.