Pennsylvania Adoption Laws
By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed November 06, 2024
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Adopting a child can be a complex process. The adoption process, including rules for who may adopt, is governed by state laws. If you are a prospective adoptive parent in Pennsylvania, read on to learn more about Pennsylvania adoption law. This includes who may be adopted, who may adopt, and other important statutory requirements.
Types of Adoption in Pennsylvania
In Pennsylvania, there are several types of adoption options to consider:
- Domestic adoption: Adoptive parents work with adoption agencies to adopt children from within the U.S. This often involves matching with biological parents and may include an open adoption where the birth parents have ongoing contact with the adopted child.
- Foster to adopt (ages 0-17): Adoptive parents first foster a child in the Pennsylvania foster care system. If the child becomes available for adoption, the foster parents may proceed with adoption. This means turning their foster placement into a permanent adoptive family member.
- International adoption (ages vary by country): Adoptive parents adopt children from other countries through an adoption agency. The age of the adoptee and the process varies depending on the regulations of the child’s home country.
- Adult adoption (age 18+): Allows for adoption of individuals aged 18 and older, often to formalize relationships with adult children.
- Kinship adoption: Involves a relative, such as a grandparent, adopting a child. This keeps the child within the family and usually involves working with an adoption agency.
- Stepparent adoption: This is when a stepparent adopts their spouse’s child. This often requires consent from the birth parent and the involvement of an adoption agency.
Pennsylvania Adoption Laws
The following table lists the basic provisions of Pennsylvania's adoption laws. For more information, take a look at FindLaw's Adoption Law section.
Pennsylvania Adoption Code Sections |
Pennsylvania Statutes Title 23 - Domestic Relations Part III - Adoption
|
---|---|
Who May Be Adopted |
Any person |
Age at Which the Consent of the Child Is Required |
12 years and older |
Who May Adopt |
Any person |
Home Residency Requirement Before Finalization of Adoption |
Not required, but may do a temporary placement |
State Agency/Court |
Dept. of Human Services/Common Pleas |
Pennsylvania Statute of Limitations to Challenge |
If someone who consented to an adoption wants to challenge its validity, they can file a petition claiming fraud or coercion. They must challenge within 60 days of the child's birth or the date of the consent, whichever comes later, or within 30 days after the adoption decree is issued. |
Note: Pennsylvania state laws change through the passage of new legislation, higher court rulings that include federal decisions, ballot initiatives, and other means. Please consult with an attorney or conduct your own legal research to verify current state laws.
Pennsylvania’s Adoption Process
Knowing what to expect and what's required can help expedite the adoption process.
- Choose an agency and apply: Submit an application to your chosen agency. You may be required to attend an orientation to understand the adoption process.
- Complete a home study: A home study includes an adoption professional who conducts interviews, background checks, and evaluations. This helps ensure your home is suitable for an adopted child.
- Family profile: Develop a Family Profile with your agency. This profile is used to match you with a child and must be approved before proceeding.
- Match With an Adoptee: Your approved Family Profile is used to find potential matches with waiting children. Register on the Pennsylvania Adoption Exchange (PAE) to receive updates and potential matches.
- Pre-adoptive placement: The child moves into your home under a pre-adoptive placement arrangement. The Department of Human Services will oversee this phase.
- Adoption Finalization: After a six-month placement period, a petition for adoption is submitted to the court. The adoption hearing will address legal requirements, including the termination of parental rights for the birth parents (both birth mother and birth father). Once approved, the adoption decree is issued, and a new birth certificate for the adopted child is prepared.
Adopting in Pennsylvania? Get Legal Help
Navigating the adoption process in Pennsylvania can be complex. An experienced adoption attorney can guide you through the legal requirements, including termination of parental rights, preparing and filing necessary documents such as the petition for adoption, and ensuring that all court procedures are properly followed.
If you would like assistance with an adoption case, reach out to an experienced Pennsylvania adoption attorney for legal advice. They can help with your effort to expand your family.
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