The biological parent hasn't seen my child in over a year. Can I adopt in Kentucky?

Yes, you may well be able to adopt in Kentucky. Kentucky's abandonment period is 3 months (KRS § 199.502), and the absence you describe is longer than that. Kentucky has one of the shorter abandonment periods, and 90 days of no contact can establish grounds for proceeding without the other parent's agreement. Whether your situation meets that standard depends on the facts, so here is how it fits together.

What "no contact" means. The statute looks at contact, not only visits. If the biological parent has called, written, sent support, or reached out in some other way, that may matter. How the Circuit Court treats those details is a question for the Circuit Court clerk in your county or an attorney who handles contested adoptions.

Consent or a motion to dispense with it. A Kentucky stepparent adoption typically involves these papers:

• A Petition for Adoption
• Consent forms, or a motion to dispense with consent if the other parent will not or cannot give it
• Your spouse's consent to the adoption

If the biological parent is willing to sign, the process is simpler. If not, the motion to dispense with consent is where the abandonment period comes in.

Notifying the biological parent. Kentucky allows personal service by a sheriff or process server. If you do not know where the parent is, service by publication is allowed after a diligent search. What counts as a diligent search is something to confirm with the clerk or an attorney. If the parent shows up and objects, your case becomes contested and you should talk with an attorney about that specific issue.

Your child's consent. If your child is 12 or older, Kentucky requires the child's consent (KRS § 199.500).

Other requirements:

• Residency: There is no waiting period for Kentucky residents (KRS § 199.470). Non-residents need 12 months in the state.
• Background checks: Petitioners need criminal background checks through the Kentucky State Police.
• Home study: It is waived in stepparent adoptions (KRS § 199.473).
• Court: You file in the Circuit Court in your county. Kentucky has 120 counties, and filing details can vary by county.

Timeline and cost. Stepparent adoptions in Kentucky typically take 3-6 months. Court filing fees generally run $150-$300, and the total cost is typically under $1,000 when you file on your own, compared with $3,000-$5,000+ for an attorney. A contested case can change both the timeline and the cost.

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 county. You then file it yourself without an attorney. The price is $349 for the first child and $99 for each additional child. Your court-ready documents arrive within 24-48 hours after you finish the questions, and we back them with a 100% court acceptance guarantee. We have helped 501 Kentucky families, and more than 34,000 families nationally since 2001.