Randall Posted February 19, 2016 Report Share Posted February 19, 2016 Court hearing for adoption finalization occurred in 2015. But still waiting on paperwork from State. Can the adoption be considered final in 2015 or do we have to wait until 2016 when paperwork is received. I'm assuming the court made a ruling and things would be dated as of the 2015 date. Quote Link to comment Share on other sites More sharing options...
Randall Posted February 20, 2016 Author Report Share Posted February 20, 2016 Any comments? Quote Link to comment Share on other sites More sharing options...
Catherine Posted February 20, 2016 Report Share Posted February 20, 2016 I should think that if the paperwork is dated 2015, then that is date of finalization. The date the papers show up has nothing to do with it. You may still want to wait for those papers, however, in case something gets munged up/changed somewhere. Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted February 20, 2016 Report Share Posted February 20, 2016 On 2/19/2016 at 4:09 PM, Randall said: Court hearing for adoption finalization occurred in 2015. But still waiting on paperwork from State. Can the adoption be considered final in 2015 or do we have to wait until 2016 when paperwork is received. I'm assuming the court made a ruling and things would be dated as of the 2015 date. Have the client ask the lawyer for confirmation that it was finalized. That is CYA for both of you. Quote Link to comment Share on other sites More sharing options...
Randall Posted February 20, 2016 Author Report Share Posted February 20, 2016 Thanks. Quote Link to comment Share on other sites More sharing options...
BHoffman Posted February 20, 2016 Report Share Posted February 20, 2016 https://www.irs.gov/taxtopics/tc607.html Quote Link to comment Share on other sites More sharing options...
jklcpa Posted February 21, 2016 Report Share Posted February 21, 2016 I agree with KC that the clients should contact the lawyer. Have them ask specifically if the judgement has been entered and the date of that entry. Snippets from KY adoption law: 199.515 Hearing -- Notice. 199.520 Judgment -- Prerequisites -- Orders -- Name and legal status of child -- Health history and other nonidentifying information of biological parents and relatives to be given to adoptive parents.(1) After hearing the case, the court shall enter a judgment of adoption, if it finds that the facts stated in the petition were established; that all legal requirements, including jurisdiction, relating to the adoption have been complied with; that the petitioners are of good moral character, of reputable standing in the community and of ability to properly maintain and educate the child; and that the best interest of the child will be promoted by the adoption and that the child is suitable for adoption. In the judgment, the name of the child shall be changed to conform with the prayer of the petition. The judgment and all orders required to be entered and recorded in the order book, including the caption, shall contain only the names of the petitioners and the proposed adopted name of the child, without any reference to its former name or the names of its birth parents.(2) Upon entry of the judgment of adoption, from and after the date of the filing of the petition, the child shall be deemed the child of petitioners and shall be considered for purposes of inheritance and succession and for all other legal considerations, the natural child of the parents adopting it the same as if born of their bodies. Upon granting an adoption, all legal relationship between the adopted child and the biological parents shall be terminated except the relationship of a biological parent who is the spouse of an adoptive parent.(3) The clerk of the court shall notify the cabinet of any action of the court with respect to entering a judgment granting an adoption, the amendment of an adoption, or the denial or dismissal of a petition for adoption. 1 Quote Link to comment Share on other sites More sharing options...
kcjenkins Posted February 21, 2016 Report Share Posted February 21, 2016 Every state is a little different, but they all are similar, and the lawyer should be able to provide the date very quickly. BTW, Judy, your cite reminded me of something I've been proud of since I was old enough to understand it. My sister was adopted in 1943, and I was adopted in 1944, in Arkansas, and at that time AR inheritance law made a distinction between a natural child and an adopted child. My father thought that was wrong, and he got busy on lobbying to change it. And although it took some convincing, and even a bit of bribery, he got it changed! Did I mention I had a wonderful father? Thank you for bringing up that memory. 3 Quote Link to comment Share on other sites More sharing options...
jklcpa Posted February 22, 2016 Report Share Posted February 22, 2016 KC, thanks for sharing your story. Your father sounds like an amazing man. Randall didn't say where the client's adoption is, whether KY or a neighboring state, but KY is his home state and the reason I chose that. 1 Quote Link to comment Share on other sites More sharing options...
Randall Posted February 22, 2016 Author Report Share Posted February 22, 2016 Yes, KY. I'm near OH but the adoption is in KY. I have the question out to the client for him to contact his attorney. Thanks for the replies. Quote Link to comment Share on other sites More sharing options...
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