Adoption Lawyers in Louisville, Kentucky
Legal Counsel You Can Trust for Your Adoption in Oldham, Spencer, Shelby, Bullitt, Anderson, and Franklin Counties
Adoptions allow Kentucky Family Courts to help place children in the custody of caring adoptive parents. Because children are involved, the legal processes require thorough documentation and various assessments to ensure parents are the right fit for the child they want to adopt. Although adoption can be difficult and especially complicated at times, the experienced counsel of our Louisville adoption attorneys at Hodge & Smither can help you successfully navigate the legal process.
Types of Adoption in Kentucky
There are six distinct types of adoptions in Kentucky:
- Public or Private Agency Adoption
- International Adoption
- Independent Adoption
- Stepparent Adoption
- Relative Adoption
- Adult Adoption
Each of these adoption types have their own considerations and requirements. International adoptions, for instance, can be especially tricky to navigate because adoptive parents will have to address legal concerns in both the United States and the adopted child’s country of origin. Likewise, independent adoptions require an intermediary to ensure the birth parents and adoptive parents complete and provide the necessary documentation to make the adoption agreement legal.
Regardless of your situation, the attorneys at Hodge & Smither have the experience and skill to help you meet the unique requirements of your adoption.
Understanding Open vs. Closed Adoptions
When considering adoption, one important decision to make is whether you prefer an open or closed adoption. Understanding the differences between these two types of adoptions can help you make an informed decision that is best for your family.
Open Adoption:
In an open adoption, the birth parents and adoptive parents have some form of contact and communication. This can range from sharing identifying information and regular visits to simply exchanging letters and photos through an intermediary. Open adoptions can provide the adopted child with a sense of identity and connection to their birth family.
Closed Adoption:
In a closed adoption, there is no contact between the birth parents and the adoptive parents. All identifying information is kept confidential, and the adoption records are sealed. Closed adoptions provide privacy and a fresh start for both the birth parents and the adopted child.
Our experienced adoption lawyers at Hodge & Smither PLLC can guide you through the process of choosing the right type of adoption for your family and ensure that your legal rights and interests are protected throughout the adoption process.
Contact us online or call today at (502) 383-5590 to learn how Hodge & Smither can serve your family.
Who Can Adopt in Kentucky?
All adults over the age of 18 can adopt children in Kentucky. Except in cases of stepparent adoptions or at a court’s discretion, couples who are married need to engage in the legal process jointly.
Understanding Consent in Kentucky Adoptions
In many instances, the would-be adoptive parents must get the consent of the child’s parents to proceed with the adoption. After 20 days of giving consent to the adoption, it becomes irrevocable.
There are also instances where consent is not required.
When this happens, it is generally the case that either one or more of the following things are true:
- The parents are mentally incapable of providing consent
- They have caused harm to the child
- They have provided inadequate care or no care at all
Completing the Kentucky Adoption Home Study Process
Before applying for adoption, adoptive parents must complete a home study, which is a rigorous review process that aims to make certain a child will enter the custody of a couple or an individual who is able to provide them with the care they deserve.
According to state law, whether a couple’s gross income is above or below 250 percent of the United States’ poverty level determines who completes the home study. The Kentucky Cabinet for Health and Family Services will typically complete the review for those below the level, and a child placement agency will complete it for couples earning above the level.
To complete the study, adoptive parents will:
- Provide three references, one of which must be from a family relative
- Submit two financial references
- Be subject to criminal background checks, as well as child abuse and neglect checks
Additionally, a representative from the appropriate entity will visit the adoptive parents’ home and conduct interviews with both parents and other household members.
In cases where the adoptive parents are relatives or stepparents of the child, courts do not usually conduct a full home study but will instead only require a background check.
What Makes Adoptive Parents Fail a Home Study?
Potential adoptive parents fail a home study when:
- Their background checks show they have a felony
- The reviewing entity finds that a sex offender lives in the household
- The reviewing entity discovers that members of the household have been subject to abuse by another person living in the home
Beyond the Home Study
The state’s inspection of adoptive parents does not end at a successful home study. In addition to the initial review, a representative of the state will examine the adoptive parents’ petition for adoption and determine if the legal placement of the child within the home was in the child’s best interest. The Kentucky Cabinet for Health and Family Services will complete this “post-placement review” not more than 90 days after the child’s placement.
Kentucky’s home study, in addition to the adoption application itself and other requirements, demand a great deal from families seeking to adopt a child. Our Louisville adoption attorneys at Hodge & Smither have years of experience that can help you navigate the complexities of the adoption process with confidence.
Expert Legal Guidance for Adoption in Kentucky
At Hodge & Smither PLLC, our team of experienced adoption lawyers is dedicated to providing compassionate and knowledgeable legal counsel for families navigating the adoption process in Kentucky. Whether you are considering domestic adoption, international adoption, stepparent adoption, or foster care adoption, our attorneys are here to guide you every step of the way.
- Our services include:
- Assistance with navigating the complexities of adoption laws in Kentucky
- Representation in court proceedings and legal documentation
- Guidance on the home study process and preparing for adoption interviews
Support in understanding the role of consent in adoption cases
Choosing the right legal representation for your adoption journey is crucial, and our team is committed to providing the personalized attention and expertise you need to make informed decisions for your family's future.
