Background
L.J.W. was born prematurely in January 2023 with multiple medical problems, including drug dependency and withdrawal. Before the birth, biological mother J.J. contacted an adoption agency and was connected with married couple A.W. and N.W. At the hospital, J.J. signed releases, consented to their custody of the child, and executed a power of attorney allowing them to make medical decisions. A.W. and N.W. took custody when the child was discharged.
After J.J. indicated that she wanted to withdraw from the adoption process, A.W. and N.W. filed a dependency, neglect, or abuse action and received emergency custody. They later petitioned to adopt L.J.W. without the biological parents’ consent. Following a May 2025 evidentiary hearing, the Campbell Family Court found by clear and convincing evidence that multiple conditions under KRS 199.502 existed, that adoption served the child’s best interests, and that the child was suitable for adoption. It entered the adoption judgment and terminated the biological parents’ rights.
The Court’s Holding
The Kentucky Court of Appeals affirmed. Applying the clearly erroneous standard used in termination-of-parental-rights cases, the court held that substantial evidence supported the family court’s findings. Although J.J.’s appellate brief lacked a preservation statement and contained only limited substantive argument, the court reviewed the merits because the adoption terminated parental rights.
The court concluded that clear and convincing evidence supported the family court’s findings under KRS 199.502(1)(a), (b), (e), and (g), even though only one statutory condition was required. J.J. had not seen the child since February 2023, had never parented or provided necessities for him, did not complete the Cabinet’s reunification case plan, and failed to maintain contact with the Cabinet. Her recent claims of sobriety and improved circumstances did not establish reversible error, particularly because she did not consistently complete court-ordered drug testing or document her rehabilitation stay.
Key Takeaways
- An adoption without a living parent’s consent under KRS 199.502 effectively terminates parental rights and must be supported by clear and convincing evidence.
- Only one statutory condition is necessary, but the record supported four grounds here: abandonment, serious physical injury, failure or incapacity to provide parental care and protection, and failure or incapacity to provide essential necessities.
- A parent’s recent assertions of sobriety and improved housing or employment do not require reversal when substantial evidence supports the family court’s findings and the claimed improvements are not adequately substantiated.
Why It Matters
The decision illustrates the deference Kentucky appellate courts give family courts on witness credibility and evidentiary weight in adoption and parental-rights cases. It also underscores that a nonconsensual adoption may be affirmed when the evidence establishes any one condition in KRS 199.502 and the adoption serves the child’s best interests.
The opinion further shows that deficient briefing can expose an appeal to dismissal or other sanctions, though the court may elect to reach the merits when the proceeding permanently severs a parent-child relationship.