What if the biological parent lives in another state — can I still adopt in Kentucky?

Generally yes. If you live in Kentucky, the other parent living in another state does not stop you from starting a stepparent adoption here. Kentucky's residency rule, KRS § 199.470, looks at the person filing: Kentucky residents have no waiting period, while non-residents need 12 months in the state.

Where the case is filed: Stepparent adoptions are handled by the Circuit Court. Your county's Circuit Court clerk can confirm the right county and local filing steps.

What the other parent's location affects: The practical question is how that parent is notified and whether they agree. Kentucky's process involves these pieces:

• Consent or a motion to dispense with consent. The packet includes consent forms, or a motion to dispense with consent if the other parent will not or cannot give it.
• Service. Kentucky allows personal service by a sheriff or process server. If you truly do not know where the parent is, service by publication is allowed after diligent efforts to find them. How service is carried out in a specific other state, and what counts as enough effort to find someone, is something the Circuit Court clerk or an attorney should confirm.
• Spouse's consent. Your spouse, the child's parent, also gives consent to the adoption.

If the other parent has been out of the picture: Kentucky has a short abandonment period under KRS § 199.502. Just 3 months (90 days) of no contact can establish grounds for proceeding. Whether your situation meets that standard depends on the facts, so if the other parent might contest, talk with an attorney about that specific issue.

Other parts of the process stay the same:

• Background checks. Petitioners complete criminal background checks through the Kentucky State Police.
• Home study. It is waived for stepparent adoptions under KRS § 199.473, so no one needs to arrange a home visit.
• Timeline. Stepparent adoptions in Kentucky typically take 3-6 months.
• Cost. Court filing fees run about $150-$300, and the total is typically under $1,000. Attorney-handled adoptions often run $3,000-