One of my stepchildren's father consents but the other's doesn't — can I still adopt both in Kentucky?

Yes, you can ask the Kentucky Circuit Court to move forward with both adoptions, even though only one father consents. For the child whose father agrees, you file his consent. For the other child, you can file a motion to dispense with consent instead. Whether the judge grants that motion depends on the facts of your case.

How each child's situation is handled

• The father who consents: Kentucky's paperwork includes consent forms, so his signed consent goes in the petition for that child.
• The father who doesn't consent: Instead of a consent form, you ask the court to dispense with his consent. One ground is abandonment. Kentucky has one of the shorter abandonment periods: 90 days (3 months) of no contact can establish grounds for proceeding (KRS § 199.502).
• If he is contesting, or has stayed in touch: The outcome turns on the specific facts. For that issue, talk with an attorney or the Circuit Court clerk in your county.

Finding and notifying the father

Kentucky allows personal service by a sheriff or process server. If you don't know where he is, service by publication is allowed after a diligent search. The clerk can tell you what the court expects to see for that search.

Other pieces of the case

• Your spouse's consent: Your spouse, the children's parent, also signs a consent to the adoption.
• Children's consent: Kentucky sets a child consent age of 12 (KRS § 199.500). If either stepchild is that age or older, ask the clerk how it applies to you.
• Background checks: Petitioners need a criminal background check through the Kentucky State Police.
• Home study: It is waived for stepparent adoptions (KRS § 199.473).
• Residency: There is no waiting period for Kentucky residents (KRS § 199.470). Non-residents need 12 months in the state.
• Separate termination case: Kentucky doesn't treat termination as a separate step.

Whether to file together or separately

The Kentucky information we rely on doesn't say whether two children must be in one petition or two. Ask the Circuit Court clerk in your county, because local practice can vary across Kentucky's 120 counties.

Timeline and cost

Stepparent adoptions in Kentucky typically take 3-6 months. Court filing fees run about $150-$300, and the total typically stays under $1,000. Attorney representation often runs $3,000-$5,000+. A case with one uncooperative father may take longer if service or a hearing on consent becomes necessary.

How we help

StepParent Adoption 360 is a document preparation service, not a law firm. You answer questions online about each child and each father, and we prepare the complete court document package for your county. Court-ready documents arrive within 24-48 hours after you finish the questions. You then file them yourself, without an attorney. The price is $349 for the first child and $99 for each additional child, and we back it with a 100% court acceptance guarantee.