Ky.gov
Effective: 7/26/2024

13.25 Petition for Adoption

Legal Authority

Introduction

​​​​When any questions arise concerning the legality of any phase of the adoption proceedings,  they should be directed to the Adoption Services Branch.  The Adoption Service Branch will consult as needed with the Office of Legal Services (OLS). the Office of the General Counsel is consulted through a central office adoption specialist.​

Practice Guidance

  • ​​​A petition for adoption of a child placed by the Cabinet for Health and Family Services (CHFS/Cabinet) and for whom a DPP-195 Adoptive Placement Agreement, has been signed by all applicable parties may be filed when placement occurs in the adoptive home or anytime thereafter. 
  • The petition is filed in the circuit court in the family’s county of residence. 
  • The family must: 
    • Be a resident of Kentucky or have resided in the state for the previous twelve (12) months; 
    • Have been an army post resident for sixty (60) days prior to filing a petition. 
  • When the child is from another state, the proposed adoptive family may elect or be required to finalize the adoption in the child’s sending state. Applicable services from the Kentucky supervising agency are arranged through the Interstate Compact for the Placement of Children (ICPC) deputy administrator. 
  • Cabinet staff may not assist a family who prefers to file their own petition, rather than to employ an attorney. However, the SSW may inform the family regarding the Cabinet's role in the submission of the court report. 
  • When a petition is filed for the adoption of a minor child, the clerk of the circuit court forwards the petition to the Adoption Services Branch, where it is reviewed for legal accuracy.​​ The petition may be emailed to adoptionservicesbranch@ky.gov. 

Procedure

Central office staff:
  1. Reviews the petition for correctness and accuracy; 
  2. ​​Forwards the petition to the FSOS with a request that the report to the court be prepared; 
  3. If there are concerns with legal issues regarding the petition, sends an error letter to the court with a copy sent to the attorney for the petitioner.  If no legal relationship is stated in the petition and a DPP-187 Independent Adoption Application packet has not been approved, then a letter is sent to the attorney (with the DPP-187 packet), and a copy is also provided to the court.  
The FSOS:
  1. Contacts the Adoption Services Branch if there are concerns with the facts of the petition.  The Adoption Services Branch will notify the court and/or consult with OLS as needed.  The Adoption Services Branch will notify the FSOS of any additional action that may be needed.

Documents

Revisions

​7/26/2023

When any questions arise concerning the legality of any phase of the adoption proceedings,  they should be directed to the Adoption Services Branch.  The Adoption Service Branch will consult as needed with the Office of Legal Services​ (OLS). the Office of the General Counsel is consulted through a central office adoption specialist.​
A petition for adoption of a child placed by the Cabinet for Health and Family Services (CHFS/Cabinet) and for whom a DPP-195 Adoptive Placement Agreement, has been signed by all applicable parties may be filed when placement occurs in the adoptive home or anytime thereafter.​
When a petition is filed for the adoption of a minor child, the clerk of the circuit court forwards two (2) copies of the petition to the Adoption Services Branch central office, where it is reviewed for legal accuracy.​​ The petition may be emailed to adoptionservicesbranch@ky.gov​. 

3  If there are concerns with legal issues regarding the petition, sends an error letter to the court with a copy sent to the attorney for the petitioner.  If no legal relationship is stated in the petition and a DPP-187 Independent Adoption Application packet has not been approved, then a letter is sent to the attorney (with the DPP-187 packet), and a copy is also provided to the court.  Notifies the Office of the General Counsel when problems arise with the petition, who then communicates with the family’s attorney to advise a correction or other procedure.​


  1. Contacts the Adoption Services Branch if there are concerns with the facts of the petition.  The Adoption Services Branch will notify the court and/or consult with OLS as needed.  The Adoption Services Branch will notify the FSOS of any additional action that may be needed.​Immediately notifies the judge in writing of the situation when it is determined that the adoptive petitioner does not have standing to petition for the adoption, and, when applicable, of the Cabinet’s inability to complete the report to the court;
  2. Notes the inaccuracy in the cover letter to the judge when other inaccuracies have not been corrected prior to submitting the report to the court.