The legalization of same-sex marriage in Kentucky has removed any remaining barriers for same-sex spouses to adopt the biological child of a spouse through step-parent adoption or for the parties to adopt a child together as a couple.  Further, the laws of the Commonwealth of Kentucky permit single LGBTQ individuals to adopt minor children.

In the past, adoption was only allowed by married heterosexual parties because only unions of a male and a female were permitted in this state.  There was previously an exception permitting single LBGTQ individuals to adopt a child but adoptions by same-sex couples were not permitted.

Bear in mind, however, that the same rules apply to adoption by LGBTQ persons as to heterosexuals.  The court is still going to be held to the "best interests of the child" standard as applied in any adoption proceeding.

The Kentucky Cabinet for Health and Family Services oversees foster care and adoption of children.   Today, single and married individuals (regardless of gender identity or sexual orientation) who meet appropriate qualifications may become foster or adoptive parents and same-sex married couples are included in that definition.

Adoption eliminates the need for the non-biological parent to be appointed to be a child's guardian or custodian, which was problematic because, if the natural parent died, was incarcerated or became incapacitated, the non-biological parent risked losing custody or possession of the child to blood relatives of the biological parent.

Other LGBTQ Legal Issues:

Gay, lesbian, bisexual, transgendered and non-heterosexual couples and individuals have other significant legal issues besides dependency, abuse and neglect cases, such as:

• Same-sex marriage and divorce
• Issues affecting children and the LGBTQ community
  • Custody
  • Parenting rights
  • Social Services ("CPS")
  • Adoption
  • Surrogacy and Artificial Insemination
• Property and real estate rights of unmarried couples versus married couples
• Elder law and estate planning for the LGBTQ community
• Employment discrimination and equal rights
• Domestic violence in the LGBTQ community
• Drug, alcohol and substance abuse in the LGBTQ community
• Mental Health Issues