Can I adopt my stepchild if I'm in a same-sex marriage in Kentucky?

Yes, if you are married to your stepchild's parent, you can ask the Kentucky Circuit Court in your county to approve a stepparent adoption. The Kentucky steps below are the ones that apply to stepparent adoptions, and your family follows the same filing path. Questions that turn on your particular situation, such as how a judge may view a specific fact in your case, are best confirmed with the Circuit Court clerk in your county or with an attorney.

Where you file: Your petition goes to the Circuit Court in your county. Kentucky's adoption laws are in Kentucky Revised Statutes Chapter 199.

What Kentucky asks for:

• Residency: There is no waiting period for Kentucky residents under KRS § 199.470. Non-residents need 12 months in the state.
• Your spouse's consent: Your spouse, the child's parent, gives written consent to the adoption.
• The other parent: Their consent form is filed, or you file a motion to dispense with consent. Kentucky has one of the shorter abandonment periods. Just 3 months (90 days) of no contact can establish grounds to proceed under KRS § 199.502.
• Your stepchild's consent: A child who is 12 or older gives consent under KRS § 199.500.
• Background check: Petitioners complete a criminal background check through the Kentucky State Police.
• Home study: Kentucky waives it for stepparent adoptions under KRS § 199.473.

Notifying the other parent: Kentucky allows personal service by a sheriff or process server. If the other parent's location is unknown, service by publication is allowed after diligent efforts to find them. If the other parent objects or cannot be found, your case depends on its facts, so talk to the clerk or an attorney about that issue.

Timeline and cost: A Kentucky stepparent adoption typically takes 3-6 months. Court filing fees run about $150-$300, and the total typically comes to under $1,000. Hiring an attorney to handle the whole process often costs $3,000-$5,000+.

Getting started: Gather your marriage information, your spouse's consent, details about the other parent, and your stepchild's age. If your stepchild is 12 or older, plan for their consent too. Your county's Circuit Court clerk can tell you about local filing practices and answer any procedural questions.

How we help: StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online, and we prepare the complete court document package for your Kentucky county. You then file it yourself without an attorney. The price is $349 for the first child, plus $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and they come with our 100% court acceptance guarantee. We have helped 501 Kentucky families, and 34,000+ families nationally since 2001.