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199.502 Conditions necessary for adoption without consent of child's biological living parents.

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Page 1 of 2 199.502 Conditions necessary for adoption without consent of child's biological living parents. (1) Notwithstanding the provisions of KRS 199.500(1), an adoption may be granted without the consent of the biological living parents of a child if it is pleaded and <br>proved as part of the adoption proceeding that any of the following conditions exist <br>with respect to the child: <br>(a) That the parent has abandoned the child for a period of not less than ninety (90) days; (b) That the parent had inflicted or allowed to be inflicted upon the child, by other than accidental means, serious physical injury; (c) That the parent has continuously or repeatedly inflicted or allowed to be inflicted upon the child, by other than accidental means, physical injury or <br>emotional harm; (d) That the parent has been convicted of a felony that involved the infliction of serious physical injury to a child named in the present adoption proceeding; (e) That the parent, for a period of not less than six (6) months, has continuously or repeatedly failed or refused to provide or has been substantially incapable <br>of providing essential parental care and protection for the child, and that there <br>is no reasonable expectation of improvement in parental care and protection, <br>considering the age of the child; (f) That the parent has caused or allowed the child to be sexually abused or exploited; (g) That the parent, for reasons other than poverty alone, has continuously or repeatedly failed to provide or is incapable of providing essential food, <br>clothing, shelter, medical care, or education reasonably necessary and <br>available for the child's well-being and that there is no reasonable expectation <br>of significant improvement in the parent's conduct in the immediately <br>foreseeable future, considering the age of the child; (h) That: 1. The parent's parental rights to another child have been involuntarily <br>terminated; 2. The child named in the present adoption proceeding was born <br>subsequent to or during the pendency of the previous termination; and 3. The condition or factor which was the basis for the previous termination <br>finding has not been corrected; or (i) That the parent has been convicted in a criminal proceeding of having caused or contributed to the death of another child as a result of physical or sexual <br>abuse or neglect. (2) Upon the conclusion of proof and argument of counsel, the Circuit Court shall enter findings of fact, conclusions of law, and a decision either: <br>(a) Granting the adoption without the biological parent's consent; or Page 2 of 2 (b) Dismissing the adoption petition, and stating whether the child shall be returned to the biological parent or the child's custody granted to the state, <br>another agency, or the petitioner. Effective: March 17, 1998 <br>History: Amended 1998 Ky. Acts ch. 57, sec. 18, effective March 17, 1998. -- Created 1994 Ky. Acts ch. 242, sec. 10, effective July 15, 1994.