Foreign Adoption

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If you have adopted a child from abroad, there are several steps to take to finalize the adoption domestically. A re-adoption being filed in the United States can serve a few purposes. It can allow for an adoption decree that is in English. It can be required for immigration purposes. It may also be helpful for effectuating a name change of the child if not already completed.

The procedure for re-adoption in Bucks County is similar to domestic adoptions. It begins by filing a Report of Intent to Adopt. There is only one post-placement visit required that is usually completed by the agency the parties worked with for the foreign adoption. Once report is completed, petition for adoption can be filed. Copies of all the foreign documents (ex. Birth certificate, decree of guardianship, adoption decree) shall be translated if necessary, certified, and presented to the court for adoption hearing.

An alternative to refiling for adoption is to have a foreign decree of adoption registered with a local court. For this option the parents would file a certified copy of the foreign adoption decree with the court. It should be noted that no English language adoption decree will be issued, and the other issues addressed above will not be automatically resolved. A Pennsylvania birth certificate can be acquired through registration of a foreign adoption if at least one of the parents signs a statement regarding their US citizenship and PA residency. This allows the local court to register the foreign adoption with the Division of Vital Records as well.  By April M. Townsend

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Father’s Consent to Adoption

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Pursuant to 23 Pa. C.S. Section 2711(a), 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. Subsection (c) discusses specific time limitations as to when a consent can be signed however these time limitations are directed towards the natural mothers. A consent cannot be executed by a birth mother within seventy-two (72) hours of the birth.

A putative father can consent at any time after receiving notice of expected or actual birth of the child. A putative father is one whose legal relationship with the child has not been established but suspects he is the father born to a woman that he is not married to at the time of the child’s birth. A putative father is distinguishable from a birth father whose legal relationship with the child is established due to marriage to birth mother. A birth father would also need to wait a minimum of seventy-two (72) hours before executing a consent for it to be valid. Consent may be executed outside of Pennsylvania and still recognized here if executed in accordance with the law in the location where it was signed. The consent is irrevocable thirty (30) days after signature absent proof of fraud or duress.

 

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Certificate of Adoption

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Following successful adoption, the court shall issue a Certificate of Adoption pursuant to 23 Pa. C.S. Section 2907. This certificate is signed by the Judge and verifies the court has granted the adoption. The certificate can be used as evidence for any subsequent legal proceedings. The name(s) of the natural parents are not to be disclosed on the Certificate of Adoption. The Certificate of Adoption includes a raised seal. Additional certified copies of the Certificate can be requested from the court post-adoption. Nominal cost may be assessed for each additional certified copy.

In addition to the Certificate of Adoption, adoptive parents can also request a new birth certificate for the adoptee. The Department of Vital Records handles requests for new birth certificates. There is a form to complete as well as a fee for new birth certificate. You should be sure the Department of Vital Records has received confirmation of the adoption from the court prior to ordering a new birth certificate. The new birth certificate can reflect new name of adoptee, if applicable, and the names of the adoptive parent(s) would replace the names of the natural parent(s).

 

 

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Attendance at Adoption Hearing

Several individuals are required to attend a scheduled adoption hearing. Pursuant to 23 Pa. C.S. Section 2723, the adopting parents and adoptee must appear at adoption hearing and testify under oath where required. In addition to these individuals, the court may direct that all persons whose consents were required, or any agency or intermediary involved, appear as well if their testimony would be necessary or helpful to the court. Consents are required of spouse of adopting parent (if not joined in petition), parents of adoptee under the age of 18 years (if their rights have not previously been terminated), and guardian of incapacitated or underage adoptee.

 

Testimony at an adoption hearing is for the purpose of verifying statements in the adoption petition and providing information to the court regarding the desirability of the proposed adoption. The court may inquire regarding the relationship that has been established between the prospective parents and the adoptee. The court may also question the prospective parents as to their understanding of the permanency of adoption and legal benefits conferred by establishing parent-child relationship. If satisfied that needs and welfare of adoptee will be served by the adoption, the court shall enter a decree grating the adoption.

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Alternate Service in Adoption

It is always necessary to give all interested parties proper notice of pending adoption proceedings. A copy of the adoption petition should be served on all interested parties, e.g. persons with parental rights to the minor child(ren) involved. If you do not have a good address for an interested party, there are other alternatives to provide notice. First, you will need to demonstrate a need for an alternate method of service and petition the court to get permission. The usual method of alternate service in a situation where the current whereabouts of a party are unknown is publication in the newspaper where the party was last known to reside.

The court’s order permitting publication would dictate for how many weeks the notice must be published in the newspaper. You should be careful to include all necessary information in the publication so that the court can accept the publication as acceptable method of alternate service. The newspaper subsequently provides an affidavit confirming the publication. This affidavit should be submitted to the court as proof that the required publication was completed. Using publication as an alternate method of service does increase the costs of the adoption matter as it can cost several hundred dollars to publish in the newspaper.  By April M. Townsend

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Adult Adoption

In Pennsylvania any individual may be adopted regardless of their age or residence. This means even an adult can be adopted. An adult adoptee must consent to their adoption by prospective parents. They do not need to have the rights of their natural parents terminated first. Additionally, the prospective parents do not have to include background checks along with their petition. If looking to change your name as an adult pursuant to an adoption, you must also follow the steps for a civil name change.

First, adult adoptees will need to submit a copy of your fingerprints with the adoption petition. Fingerprints can be obtained from your local police department. Adult adoptees also need to supply record checks from the Prothonotary, Clerk of Court, and Recorder of Deeds for each county of residence for five (5) years prior to your filing. Finally, notice of the adoption hearing date must be published in a newspaper of general circulation within the county as well as the local Law Reporter regarding the proposed name change. Proof of the record checks and publication should be offered as evidence at the adoption hearing. Name changes are not permitted for adults in the event of certain criminal convictions.  By April M. Townsend

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Can I Adopt with a Criminal Background?

The short answer is possibly. Background checks are required for all prospective parents in an adoption matter. In Pennsylvania, there are three background checks that are required: Pennsylvania Child Abuse History Clearance through the Department of Human Services, Pennsylvania Criminal Record Checks through the State Police, Federal Bureau of Investigations (FBI) Criminal Background Check through the Department of Welfare. New Jersey requires state, federal and local criminal history checks. These background checks must also be completed for all other adult household members where the adoptee will reside.

If a prospective parent has lived outside of the current state in the five (5) years immediately preceding the adoption petition, similar background checks must be acquired from each state where he or she previously resided. Background checks must be less than one year old at the time of the adoption hearing. The mere existence of a record does not automatically disqualify you from successfully adopting a child. It is up to the court to look at the nature of the record and whether it poses risk to a child. If there is no substantial risk, the adoption may still proceed. Additionally, if an adult is being adopted, prior criminal background is not an issue since the adult adoptee is consenting to the adoption.   By April M. Townsend

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Adoptee’s Name

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If you are adopting a minor child, a name change can be accomplished as part of the adoption. Specifically, the final adoption decree can include the desired new name for the child. The first, middle and last name is subject to change where desired. The certified adoption decree along with vital records request form can be used to change the child’s name on their birth certificate as well as social security records. Vital records does assess a cost for a new birth certificate.

You may also accomplish a name change through adoption where the adoptee is an adult. In this case, you will also need to meet the requirements required for a civil name change. The adoptee must be fingerprinted and submit the fingerprint card to the court with the adoption petition. The adoptee will also need to supply record checks from the Prothonotary, Clerk of Court, and Recorder of Deeds for each county of residence for five (5) years prior to your filing at the time of the adoption hearing. Finally, notice of the adoption hearing date must be published in a newspaper of general circulation within the county as well as the local Law Reporter regarding the proposed name change. Proof publication should be provided to the court at the time of the adoption hearing. By April Townsend

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Interstate Compact for Placement of Children

There are additional requirements to satisfy if you are adopting a child out of state. The Interstate Compact for the Placement of Children (ICPC) has existed for more than forty years and provides instructions for adoptions where a child is to be transferred across state lines. All U.S. states are members of the Compact and follow the same procedures. The state where the child presently resides or is born in must approve of the transfer across the state lines for placement or adoption. A copy of the approval is then submitted to the court for filing in the state where the adoption will ultimately take place. In order to get approval, a packet must be created with relevant information on the child or adoptee, the prospective parent(s) and the intended place of residence. ICPC-100A “Interstate Compact Placement Request” is a sample form evidencing the information to be provided.

If the sending state is satisfied with the placement request it will forward the request to the receiving state for their review as well. The receiving state would be responsible for having a home study completed for the intended residence. If the receiving state is satisfied following the home study, it notifies the sending state and sends them a copy of the home study. At that time, following approval by both states involved, the interstate adoption may be completed. The Pennsylvania office of the Interstate Compact for the Placement of Children is located in Harrisburg and can be reached at (717)772-5503 for non-agency placements, or (717)772-5502 for agency placements.

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Adoption Records

Adoption records are generally sealed and not available for public inspection. In Pennsylvania, a petition must be filed with the court in order to obtain adoption records. The correct place to file a petition is the same court which handled the initial adoption matter. An adoptee over the age of 18 may file a petition or in the case of a minor adoptee, the adoptive parents or their guardian. The court, if they believe the request is warranted, will only release limited information. Specifically, they will not release information on the identity of the natural parent(s) unless the natural parent(s) are first contacted and give their consent to disclose their identity. Often, it is the county’s social service agency, such as Children and Youth, that is responsible to reach out to the natural parent(s) on the court’s behalf regarding any petition to access the identity of the natural parent(s).

If an agency was involved in the adoption, a request can also be made through the agency for information on the natural parent(s). The agencies have the same requirement as the courts in terms of getting permission of the natural parent(s) first. It is also possible for the natural parents to agree to disclosure prior to any request coming from the adoptee. At any point subsequent to their termination of parental rights, they may file a consent for the initial birth certificate to be released to adoptee over 18 or their parent or guardian if requested. This consent can subsequently be withdrawn if their decision on disclosure later changes. Consent of both natural parents is needed to see the full record. If only one parent consents, the other parent’s information would be redacted.

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