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CERTIFICATE

Kentucky:  Access to OBCs and Non-ID

KENTUCKY

DENIES UNRESTRICTED ACCESS TO OBC (Court order required)

Who May Access Information

Citation: Rev. Stat. §§ 199.520; 199.572; 199.575

Non-identifying information may be provided to:

•The adopted person who is age 18 or older

•The adoptive parents

Identifying information is accessible to:

•The adopted person who is age 18 or older

•A birth sibling who is age 18 or older

•A birth parent

Access to Original Birth Certificate

Citation: Rev. Stat. § 199.570

The original birth certificate is available only upon court order.

Access to Nonidentifying Information

Citation: Rev. Stat. § 199.520

The health history and other nonidentifying background information of the birth parents and blood relatives of the adopted person shall be given to the adoptive parents and the court no later than the date of finalization of the adoption proceedings.The information shall be made available upon the request, in person or in writing, of the adult adopted person. The information shall not be made available if it is of a nature that would tend to identify the birth parents of the adopted person, except as provided in §§ 199.570 and 199.572.

Mutual Access to Identifying Information

Citation: Rev. Stat. §§ 199.572; 199.575

If the birth parents have given consent, the adult adopted person may inspect the records pertaining to his or her adoption proceedings upon written request. If the birth parents have not given consent, the Cabinet for Health and Family Services may notify the birth parents that the adult adopted person has made a request for information. The notification shall be by personal and confidential contact, without disclosing the identity of the adult adopted person.

If, after a diligent effort, the secretary of the cabinet certifies that both birth parents identified in the original birth certificate are deceased or is unable to locate the parents, then a judge may order that all adoption records shall be open for inspection to the adult adopted person. In any case, the court shall order that only identifying information about the birth parents be shared with the adult adopted person.

In situations where a pre-adoptive brother or sister relationship existed, and one or more of these siblings was then adopted, the following procedures shall be followed on an inquiry by one or more of the siblings to the cabinet seeking information about his brother or sister:

•In all cases, an adopted person age 18 or older or a pre-adoptive sibling age 18 or older may file information with the cabinet about himself or herself, his or her present location, and his or her known antecedents, stating his or her interest in being reunited with his or her pre-adoptive siblings and authorizing the cabinet to release such information to any pre-adoptive siblings who may make similar inquiry.

•In any case in which a person age 18 or older requests information about or expresses a desire in being reunited with a pre-adoptive sibling, the cabinet shall first determine whether the sibling has made similar inquiry. If the sibling has previously authorized release of information, the cabinet shall release the information to the sibling making inquiry.

Where the Information Can Be Located

Kentucky Cabinet for Families and Children

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