What happens if the adoption is contested in Kentucky?

If a biological parent objects to the adoption in Kentucky, the case is no longer a simple paperwork filing. The Circuit Court in your county has to resolve the disagreement, and how that goes depends on the facts of your family, so an attorney should guide you through that part.

What "contested" means: A contested adoption is one where a parent receives the petition and actively opposes it. That is different from a parent who simply hasn't signed a consent form. In Kentucky, the paperwork includes either consent forms or a motion to dispense with consent. The motion is the route used when a parent will not or cannot consent.

Where the abandonment period comes in: Kentucky has one of the shorter abandonment periods. Under KRS § 199.502, three months (90 days) of no contact can establish grounds for proceeding. If the other parent has had no contact with your child for that long, that may support your request to go forward without their consent. Whether it applies to your situation, and how the court weighs it against an objection, is a question for a Kentucky family law attorney or the Circuit Court clerk.

Notice must be done properly: A parent can only object if they know about the case, and the court will want proof they were notified. Kentucky allows:

• Personal service by sheriff or process server
• Service by publication if the parent's location is unknown, after diligent efforts to find them

Careful, documented service helps prevent delays later.

Other pieces that stay the same:

• Your child's consent: At age 12 or older, your child's consent is required under KRS § 199.500.
• Spouse's consent: Kentucky requires your spouse's consent to the adoption.
• Background checks: Petitioners complete criminal background checks through the Kentucky State Police.
• Home study: It is waived under KRS § 199.473, even if the other parent objects.
• Residency: Kentucky residents have no waiting period under KRS § 199.470. Non-residents need 12 months in the state.

Timeline and cost: An uncontested stepparent adoption in Kentucky typically takes 3-6 months. A contested case may take longer, but the exact timing depends on the court's schedule. Your county's Circuit Court clerk can tell you how hearings are set. Court filing fees run $150-$300, and the total for an uncontested case is typically under $1,000, compared with $3,000-$5,000+ for attorney-handled adoptions. If you hire an attorney for a contested hearing, ask what they charge, since that would be an added cost.

What to do if a parent objects:

• Keep records of any contact, or lack of it, between the other parent and your child.
• Keep a record of how and when the parent was served.
• Talk with a Kentucky family law attorney about your specific situation. Some attorneys may take on just the contested portion, so ask whether that is an option.
• Call the Circuit Court clerk in your county with 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 county, including the petition and consent forms or motion to dispense with consent. You file it yourself without an attorney. The cost is $349 for the first child and $99 for each additional child, and you receive court-ready documents within 24-48 hours after you finish the questions. We have helped 501 Kentucky families and come with a 100% court acceptance guarantee.