The Kentucky Court of Appeals has ruled that a stepmother can adopt a child without the biological mother's consent. This decision, made on October 23, 2026, affects the rights of biological parents in adoption cases and highlights the complexities involved in parental rights and family law. The case, S.K.S. v. M.A.F. (2026-CA-0362), centers around a mother who had been absent from her child's life for several years due to substance abuse issues.
The court's decision is significant as it underscores the legal standards for adoption without consent in Kentucky. It raises important questions about parental rights, the definition of abandonment, and the best interests of the child in adoption proceedings.
Background
The case involves S.K.S. (referred to as Mother), M.A.F. (referred to as Stepmother), and P.M.F. (the minor child). Mother and R.A.F. (Father) were never married but had a long-term relationship that resulted in the birth of Child in January 2013. Their relationship ended in 2017, and in 2018, Father established paternity and was awarded sole custody of Child. Mother was granted visitation rights, which included two overnight visits per week and ten vacation days each year.
Initially, Mother exercised her visitation rights, but her last contact with Child was on February 14, 2020. After that, she struggled with substance abuse, which she acknowledged lasted until January 2022. Despite becoming sober, Mother did not attempt to reconnect with Child until December 2022, when she reached out to Father. By that time, she had not seen Child for over five years and had not provided any financial support since 2020.
In the meantime, Father began a relationship with Stepmother in 2021, and they married in August 2022. Stepmother became actively involved in Child's life, and by the time of the adoption petition, Child referred to Stepmother as 'Mom.' On September 15, 2025, Stepmother filed a petition to adopt Child without Mother's consent, which led to the court proceedings.
The Ruling
The Kentucky Court of Appeals, led by Judge A. Jones, affirmed the McCracken Circuit Court's judgment allowing Stepmother to adopt Child. The court found that Stepmother had established the necessary grounds for adoption without Mother's consent under Kentucky Revised Statutes (KRS) 199.502. The court specifically cited three conditions: abandonment, failure to provide parental care, and failure to provide essential needs for the child.
The court ruled, "Substantial evidence supports the family court’s finding that Mother abandoned Child for a period exceeding ninety days." The ruling emphasized that Mother's lack of contact and support for Child during her substance abuse period constituted abandonment.
The family court also determined that the adoption was in Child's best interests, noting that Child expressed a desire to be adopted by Stepmother. The guardian ad litem and the Cabinet for Health and Family Services both recommended the adoption.
Impact
This ruling has significant implications for parental rights in Kentucky. It clarifies the legal standards for adoption without consent and reinforces the importance of maintaining contact and support for children. The court's decision highlights that a biological parent's absence from a child's life, especially due to issues like substance abuse, can lead to a loss of parental rights.
The case may also serve as a precedent for future adoption cases where one biological parent's rights are terminated without their consent. It emphasizes the need for biological parents to actively engage in their children's lives, as failure to do so can result in legal consequences.
What's Next
Mother has the option to appeal the ruling, although details regarding any potential appeal were not available in the court filing. There may also be related cases pending that could further explore the nuances of parental rights and adoption in Kentucky.