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ADOPTIONS

Adoption is the legal creation of a parent-child relationship. Adoption usually occurs with minors; however, the law places no restrictions on the age of the person to be adopted.

In Pennsylvania, both a natural mother and father must agree to give their child up for adoption. The parents may sign a Consent to Adoption at least 72 hours after the child is born, expressing their intention to place the child for adoption. An adoption may be facilitated by an adoption agency, or with an intermediary, such as an attorney. In most cases, the prospective adoptive parents must obtain a positive preplacement home study report prior to receiving a child.

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After placement, the agency or the adopting parents must file with the Court a Report of Intention to Adopt the child. The rights of natural parents of the child must then be formally terminated by court before an adoption can be granted. This investigation will provide details about the adopting parents to the court and permit the judge to make an independent determination as to the qualifications of the adopting parents. The adopting parents must also provide child abuse and criminal record histories.

Adoption may also be requested by a parent who would like his or her new spouse to become the parent of a child by a prior relationship. If the other natural parent voluntarily agrees to adoption, an expedited hearing can be held.

If a parent will not agree to give up his or her rights, the adopting parents must file a petition to Involuntary Terminate the rights of the natural parent or parents and must prove to the court at a hearing that the natural parent(s) have failed to perform parental duties and that they have no interest in continuing to parent the child. This burden is very difficult and Pennsylvania Courts are reluctant to terminate a parent's rights to a child without very good cause.

Pennsylvania does not allow the payment of any money by the adopting parents to the natural parents for the right to adopt the child. Payments for medical bills and legal fees are allowed in certain instances, they must be authorized by the court during the adoption process.

It is possible for people from one state or county to adopt a child from another state or county. The adopting parents should be aware that there are special laws governing interstate placement and adoption and each state’s adoption laws are different.

If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.

Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411.

 
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