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199.570 Adoption records confidential -- Exception -- New birth certificate.

(1) (a) The files and records of the court during adoption proceedings shall not be

open to inspection by persons other than parties to the proceedings, their

attorneys, and representatives of the cabinet except under order of the court

expressly permitting inspection.

(b) Upon the entry of the final order in the case, the clerk shall place all papers

and records in the case in a suitable envelope which shall be sealed and shall

not be open for inspection by any person except on written order of the court,

except that upon the written consent of the biological parents and upon written

order of the Circuit Court all papers and records including all files and records

of the Circuit Court during proceedings for termination of parental rights

provided in KRS 625.108 shall be open for inspection to any adult adopted

person who applies in person or in writing to the Circuit Court as provided in

KRS 199.572. Health information received pursuant to KRS 199.525 shall be

added to the adoption case file. The clerk of the Circuit Court shall set up a

separate docket and order book for adoption cases and these files and records

shall be kept locked.

(c) No person having charge of any adoption records shall disclose the names of

any parties appearing in such records or furnish any copy of any such records

to any person or other entity that does not meet the requirements of KRS

199.572, except upon order of the court which entered the judgment of

adoption.

(2) After entry of the adoption judgment, the clerk of the Circuit Court shall promptly

report to the Cabinet for Health and Family Services of Kentucky full information

as called for on forms furnished by the Cabinet for Health and Family Services,

necessary to make a new birth certificate conforming to the standard birth certificate

form. Upon receipt of this information, the Cabinet for Health and Family Services

shall cause to be made a new record of the birth and it shall be filed with the

original certificate, and the original certificate shall be stamped with the words,

"CONFIDENTIAL -- subject to copy and/or inspection only on written order of the

court."

(3) The new certificate shall set forth the new name, if any, of the adopted child, the

names of the adoptive parents, and such other information deemed necessary in

accordance with rules and regulations promulgated by the Cabinet for Health and

Family Services in issuing of birth certificates. If the adopted child is under eighteen

(18) years of age, the birth certificate shall not contain any information revealing the

child is adopted and shall show the adoptive parent or parents as the biological

parent or parents of the child. If requested by the adoptive parents, the new birth

certificate when issued shall contain the location of birth, hospital, and name of

doctor or midwife. This information should be given only by an order of the court in

which the child was adopted. The new birth certificate shall recite the residence of

the adoptive parents as the birthplace of the child and this shall be deemed for all

legal purposes to be the birthplace of the child. If no birth certificate is on file for a

child born in Kentucky, the Cabinet for Health and Family Services shall prepare a

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certificate of birth in accordance with the information furnished the cabinet by the

clerk of the Circuit Court which issued the adoption order. The Cabinet for Health

and Family Services shall furnish to the clerks of the Circuit Courts the necessary

forms to carry out the provisions of this section. If the child was born in another

state, the order of adoption shall be forwarded to the division of vital statistics of

the state concerned to be changed in accordance with the laws of such state. If the

child was born in a foreign country, the report of adoption shall be returned to the

attorney or agency handling the adoption for submission to the appropriate federal

agency.

(4) Thereafter when any copy of the certificate of birth of any child is issued it shall be

a copy of the new certificate of birth, except when an order of the court granting the

judgment of adoption shall request the issuance of the copy of the original

certificate of the child's birth.

(5) If any judgment of adoption is reversed, modified, or vacated in any particular, the

clerk of the Circuit Court shall notify the Cabinet for Health and Family Services of

the reversal or modification and the effect of same, and the cabinet shall make any

necessary changes in its records.

Effective: June 20, 2005

History: Amended 2005 Ky. Acts ch. 99, secs. 148 and 182, effective June 20, 2005. --

Amended 2004 Ky. Acts ch. 186, sec. 8, effective July 13, 2004. -- Amended 1998

Ky. Acts ch. 426, sec. 145, effective July 15, 1998. -- Amended 1996 Ky. Acts

ch. 325, sec. 1, effective July 15, 1996. -- Amended 1994 Ky. Acts ch. 242, sec. 11,

effective July 15, 1994. -- Amended 1986 Ky. Acts ch. 43, sec. 3, effective July 15,

1986. -- Amended 1976 Ky. Acts ch. 122, sec. 1. -- Amended 1974 Ky. Acts ch. 74,

Art. VI, sec. 107(4). -- Amended 1970 Ky. Acts ch. 232, sec. 1. -- Amended 1968

Ky. Acts ch. 69, sec. 1. -- Amended 1956 Ky. Acts ch. 157, sec. 16. -- Created 1950

Ky. Acts ch. 125, sec. 20.

Legislative Research Commission Note (6/20/2005). This section was amended by

2005 Ky. Acts ch. 99, secs. 148 and 182, which are identical and have been codified

together.

Legislative Research Commission Note (10/3/90). Pursuant to KRS 7.136(1), KRS

625.108 has been substituted for the prior reference to KRS 625.100(4) in subsection

(1) of this statute. KRS 625.100(4) was deleted by 1988 Ky. Acts ch. 350, sec. 76,

and the substance of its provisions reenacted in 1988 Ky. Acts ch. 350, sec. 78 which

was codified at KRS 625.108.

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