199.590 Prohibited acts and practices in adoption of children -- Expenses paid by prospective adoptive parents to be submitted to court. - Kentucky Statutes

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Page 1 of 2 199.590 Prohibited acts and practices in adoption of children -- Expenses paid by prospective adoptive parents to be submitted to court. (1) A person, corporation, or association shall not advertise in any manner that it will receive children for the purpose of adoption. A newspaper published in the
Commonwealth of Kentucky or any other publication which is prepared, sold, or
distributed in the Commonwealth of Kentucky shall not contain an advertisement
which solicits children for adoption or solicits the custody of children. (2) A person, agency, institution, or intermediary shall not sell or purchase or procure for sale or purchase any child for the purpose of adoption or any other purpose,
including termination of parental rights. This section shall not prohibit a child-
placing agency from charging a fee for adoption services. This section shall not be
construed to prohibit in vitro fertilization. For purposes of this section, "in vitro
fertilization" means the process by which an egg is removed from a woman, and
fertilized in a receptacle by the sperm of the husband of the woman in whose womb
the fertilized egg will thereafter be implanted. (3) No person, association, or organization, other than the cabinet or a child-placing institution or agency shall place a child or act as intermediary in the placement of a
child for adoption or otherwise, except in the home of a stepparent, grandparent,
sister, brother, aunt, or uncle, or upon written approval of the secretary. This
subsection shall not be construed to limit the Cabinet for Health and Family
Services in carrying out its public assistance under Title IV-A of the Federal Social
Security Act program in accordance with KRS Chapter 205. This section shall not
be construed to prohibit private independent adoption or the right to seek legal
services relating to a private independent adoption. (4) A person, agency, institution, or intermediary shall not be a party to a contract or agreement which would compensate a woman for her artificial insemination and
subsequent termination of parental rights to a child born as a result of that artificial
insemination. A person, agency, institution, or intermediary shall not receive
compensation for the facilitation of contracts or agreements as proscribed by this
subsection. Contracts or agreements entered into in violation of this subsection shall
be void. (5) A person, organization, group, agency, or any legal entity, except a child-placing agency, shall not accept any fee for bringing the adoptive parents together with the
child to be adopted or the biological parents of the child to be adopted. This section
shall not interfere with the legitimate practice of law by an attorney. (6) (a) In every adoption proceeding, the expenses paid, including but not limited to any fees for legal services, placement services, and expenses of the biological
parent or parents, by the prospective adoptive parents for any purpose related
to the adoption shall be submitted to the court, supported by an affidavit,
setting forth in detail a listing of expenses for the court's approval or
modification. (b) In the event the court modifies the expense request as it relates to legal fees and legal expenses only, the attorney for the adoptive parents shall not have
any claim against the adoptive parents for the amount not approved. Page 2 of 2 Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 185, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 148, effective July 15, 1998. -- Amended 1994 Ky. Acts
ch. 242, sec. 12, effective July 15, 1994. -- Amended 1988 Ky. Acts ch. 52, sec. 1,
effective July 15, 1988. -- Amended 1984 Ky. Acts ch. 119, sec. 1, effective July 13,
1984. -- Created 1950 Ky. Acts ch. 125, sec. 22.