RELATES TO:
KRS
199.011(4),
199.470,
199.475,
199.585,
213.056(2),
8 U.S.C.
1201-1204,
1421-1458,
42 U.S.C.
14901-14954,
22 C.F.R. Part 42
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
194A.050(1) requires the
cabinet to promulgate, administer, and enforce administrative regulations
necessary to operate programs and fulfill the responsibilities vested in the
cabinet.
KRS
199.585(1) and (2) require
the cabinet to register, through a certified notice, an original decree,
judgment, or final order of adoption of a child approved for United States
citizenship issued by a court or another governmental authority with
appropriate jurisdiction in a foreign country.
KRS
199.472 mandates that the cabinet establish
criteria for the adoption of children by administrative regulation. This
administrative regulation establishes a certified notice registering a foreign
adoption in Kentucky.
Section 1.
Definitions.
(1) "Child" is defined by
KRS
199.011(4).
(2) "Foreign adoption" means a decree,
judgment, or final order of adoption as established in
KRS
199.585(1).
(3) "IH3" or "IR3" means an immigration visa
classification that indicates that the holder is an immediate relative of a
United States citizen in accordance with
8 U.S.C.
1204 and
22 C.F.R.
42.11.
Section 2. Requirements for Certified Notice.
(1) In accordance with
KRS
199.585, the cabinet shall issue a certified
notice registering a foreign adoption in Kentucky if the adoptive parent
presents the following items in hardcopy:
(a)
The adopted child's:
1. Certificate of
citizenship in accordance with
8
U.S.C.
1431;
2. Proof of the child's IR3; or
3. Proof of the child's IH3;
(b)
1. A copy of the original decree, judgment,
or final order of the child's adoption; or
2. A translated copy of the original decree,
judgment, or final order of the child's adoption, if the copy of the original
decree, judgment, or final order of the child's adoption is not in English; and
(c) The "DPP-188,
Application for Registration of Foreign Adoption".
(2) The adoptive parent shall submit the
items required by subsection (1) of this section by mail to the Department for
Community Based Services.
(3) The
cabinet shall not issue a "DPP 188A, Foreign Adoption Certificate of
Registration" until all items required by subsection (1) of this section are
received.
Section 3.
Limitations and Restrictions.
(1) In
accordance with
KRS
199.585(3), a petition for
adoption shall be:
(a) Required for a foreign
adoption without an item included in Section 2(1) of this administrative
regulation; and
(b) Filed in the
circuit court with the appropriate jurisdiction in accordance with
KRS
199.470 or
199.475.
(2)
(a) The certified notice registering a
foreign adoption in Kentucky shall be distinguished from a record of foreign
birth; and
(b) An individual may
apply for a record of foreign birth in accordance with
KRS
213.056(2) through the
Office of Vital Statistics.
Section 4. Record of Registered Foreign
Adoptions.
(1) The cabinet shall issue the
"DPP-188A, Foreign Adoption Certificate of Registration" as the certified
notice registering a foreign adoption in Kentucky.
(2) The DPP-188A shall have the same force
and effect as a legal adoption finalized in a circuit court of the Commonwealth
of Kentucky.
(3) The cabinet shall
maintain a copy of each certified notice registering a foreign adoption in
Kentucky and supporting documentation in accordance with
KRS
199.585(2).
(4) Within existing appropriations, the
cabinet shall make up to three (3) additional copies of the DPP-188A available
to an adoptive parent who:
(a) Made an
application in accordance with Section 2 of this administrative regulation;
and
(b) Resubmits the DPP-188 to
request an additional copy of the DPP-188A.
Section 5. Incorporation by Reference.
(1) The following material is incorporated by
reference:
(a) "DPP-188, Application for
Registration of Foreign Adoption", 02/21; and
(b) "DPP-188A, Foreign Adoption Certificate
of Registration", 02/21.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Cabinet for Health and
Family Services, Department for Community Based Services, 275 East Main Street,
Frankfort, Kentucky 40621, Monday through Friday, 8 a.m. to 4:30 p.m. This
material may also be viewed on the department's Web site at
https://chfs.ky.gov/agencies/dcbs/Pages/default.aspx.
