Adoption of Family Members
A streamlined adoption process is available depending on the relationship of the prospective adoptive parents and the adoptee. Specifically, grandparents, aunts, uncles, brothers, sisters, nieces, nephews, and step-parents qualify as a kinship adoption. A home study is not required in a kinship adoption, however background checks must still be completed as it relates to the adopting parent(s). There are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare.
If the natural parents are consenting to the adoption, their consents can be attached to the Petition for Adoption such that two separate petitions are not required. Pursuant to 23 Pa. C.S. Section 2711, a consent must be signed by the following individuals where applicable: (1) the child(ren) being adopted if over 12 years of age; (2) the spouse of the adopting parent if that spouse is not also a petitioner; (3) the natural parent(s) of any minor child(ren) being adopted; (4) the guardian of an incapacitated child up for adoption; and (5) the guardian of a minor child or persons having custody when the adoptee has no parent whose consent is required. The consent cannot be signed by a natural mother within 72 hours, or three days, after the birth of a child. A consent can be signed by a natural father at any time after he has been notified the child is expected to be born or has been born. Executed consents become irrevocable after 30 days. The can be revoked on the basis of fraud or duress within 60 days. Without either proper consent or termination of parental rights, a kinship adoption cannot proceed.
