Adoption Hearing

One of the final steps in the adoption process is the adoption hearing. The hearing is often ceremonial in nature. It is common for family and friends to attend along with the prospective adoptee parents. The adoptee(s) must be present as well. At the hearing, the Petitioners should be prepared to show all legal requirements for an adoption have been met. Any documents that were attached to your original petition or subsequently filed with the court should already be in the court file (i.e. original birth certificate, background checks, home study report.) Additional requirements may include service on the opposing party in which case you should be sure to have valid proof of service with you for your hearing.

As adoption is permanent, there are some questions to make sure the prospective adoptive parents understand exactly what they are taking on. For example, prospective parents will be asked if they understand the adoption confers all the legal rights and duties between a parent and child that the law provides for natural born children. Those rights and duties include, but are not limited to, the right of the child to inherit through you and your family, the legal obligation to financially support the child, the right of the child to seek support from you, the principle that these rights and duties would continue if you and your spouse separate or divorce as well as if the child develops any physical, psychological problems or becomes ill or disabled for any reason in the future.

The Judge presiding over the case will often allow for pictures at the conclusion of the proceedings. As a family member or friend, you can bring gifts or cards however, the court has a strict no balloon policy. After receiving the final decree of adoption, you can follow up with getting a new birth certificate for the adoptee.

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Counseling for Adoption

Each county is responsible for keeping a list of qualified counselors who are available to assist natural parents contemplating voluntary relinquishment or facing involuntary termination of their parental rights. Prior to an adoption taking place, the rights of the natural parent(s) must be terminated. This is a permanent act and accordingly, the courts ensure that the natural parents understand and have a chance to discuss with a qualified professional. A portion of the filing fees paid to the court for adoption/termination proceedings go towards supporting that county’s counseling fund which subsidizes the costs for counseling where the natural parent(s) desire to participate but are unable to afford it.

The court should inquire as to whether the natural parent(s) had an opportunity to utilize counseling services if they appear at the termination hearing. If the natural(s) have not received any counseling, the court can postpone a decision on termination to allow the natural parent(s) an opportunity to seek counseling. If the natural parents are not present, the court at least expects proof of valid notice of the proceedings on the parents. The required notice does make it clear that they have a right to appear at the hearing and if they fail to do so their rights can be terminated by the court. The notice also apprises natural parents of their right to seek an attorney and strongly advises that they do so.

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Adoption – Other adult household members

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. These same background checks must also be completed for all other adult household members where the adoptee will reside. At this time, requests for checks for the Pennsylvania Child Abuse History Clearance and Pennsylvania Criminal Record can be done online. The FBI Criminal Background check does require fingerprinting to complete. An appointment is recommended and can be made online. You will need to bring certain forms of ID to your appointment and should specify the check is for prospective adoption.

The cost for each background check is nominal and is due at the time of service. Presently, the Pennsylvania Child Abuse History Clearance is $13, the Pennsylvania Criminal Record Check is $22, and the FBI Criminal Background Check is $23.85. These costs are per person. Clearances should be attached to your adoption petition and/or submitted to the social worker who completes your home study. Clearances are valid for a year. Clearances can be transferred for other use including volunteering or employment. For more information on the required clearances visit http://keepkidssafe.pa.gov/resources/clearances/index.htm

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Adoption Costs

There are numerous costs involved in an adoption action. The total amount of expenses will vary depending on the nature of the adoption. For example, a kinship or family adoption where the natural parent(s) are cooperating with the adoption will have different costs than a case where the adoption is contested by the natural parent(s) or if the adoption is not kinship. Prospective parents will need to have background checks done prior to the adoption. Pennsylvania presently requires three (3) different background checks. 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. The costs are nominal for each of these inquiries. A home study is required for a non-kinship adoption. Due to the intensive inquiry that must be completed, this is usually a fairly substantial cost ($700+). A home study is not required for a family adoption.

There is a filing fee due to the court for an adoption petition once you are at that stage in your case. Other petitions may need to be filed depending on your circumstances and may involve additional filing fees. For example, you may need to file a petition for involuntary termination or confirmation of consent in addition to adoption petition. Filing fees vary by county but can be up to a few hundred dollars. Retaining an attorney for representation in an adoption is crucial due to the stringent requirements and procedures. Most attorneys charge hourly for their time. Ultimately, total expense can also fluctuate quite a bit depending on the nature of your case and whether everything goes smoothly and all parties cooperate versus if it is particularly contentious and additional litigation is required.

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Termination and Adoption

Termination of a biological parent’s rights and adoption often go hand in hand. A prospective parent cannot adopt without termination of the biological parent’s rights. A biological parent cannot voluntarily terminate their rights or sign a child away without another party stepping in to adopt. The parental rights of a biological parent can be involuntarily terminated in connection with an adoption matter as well. Pursuant to 23 Pa.C.S. § 2511, there are nine (9) grounds for involuntary termination of parental rights.

If the natural parent(s) agree to the adoption they can execute the required consent to adoption and waiver of their rights. A petition to confirm their consent can be filed with the court to finalize the voluntary termination of their parental rights. The natural parents should appear at the hearing to offer testimony regarding their consent. If the natural parents are not present, the parties who served as witnesses at the time the consent was executed may be called to testify as well as any notary that notarized the document. If the natural parent(s) do not agree or are unable to be located, the prospective parents can seek involuntary termination of their rights. At the hearing, the prospective parents must prove by clear and convincing evidence that the parent’s actions meet at least one of the grounds for termination as listed in the statute. After the hearing, the court may enter a decree terminating parental rights at which point no further notice needs to be given to the biological parents about the adoption. The prospective parent(s) would still need to appear at subsequent hearing to finalize the adoption.

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Consent of Adoptee

Before an adoption can be finalized, certain parties must consent to the adoption. 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. Only the consent of the adoptee is needed for an adult adoption. The adoptee must voluntarily consent to the adoption by the prospective parents as well as name change, if applicable.

The consent must be witnessed by two disinterested individuals. The persons witnessing the consents may be called upon in court to testify as to the circumstances under which the consent was executed. The court must be satisfied that there was no fraud or duress and the person executing the consent was of sound mind. It is good practice to also have the consent notarized and the notary’s complete address should be included. A consent executed outside of Pennsylvania can be valid here if executed in accordance with the laws of the other jurisdiction.

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Finality of Adoption

Adoptions are permanent, so prospective adoptive parents should understand exactly what they are taking on before beginning the process. Adoption will establish all the legal rights, duties and responsibilities as exist for natural born children. Those rights and duties include, but are not limited to, the right of the child to inherit through you and your family, the legal obligation to financially support the child, the right of the child to seek support from you, the principle that these rights and duties would continue if you and your spouse separate or divorce as well as if the child develops any physical, psychological problems or becomes ill or disabled for any reason in the future.

At the final adoption hearing, your attorney and/or the Judge will confirm whether you understand the legal consequence of finalizing the adoption matter. You will also need to submit any additional documentation required by law that has not already been filed with the court. For example, certification of service for any interested parties, original birth certificate, background checks for prospective parents, home study report or Act 101 notices. The hearing is intended to be a happy occasion. Other family members and friends can attend along with the prospective adoptee and parents. The Judge presiding over the case will often allow for pictures at the conclusion of the proceedings.

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Contested Adoptions

If the natural parent(s) do not agree with the adoption, there is a hearing to determine if their rights should be involuntarily terminated. In any contested adoption, an attorney must be appointed to represent the interests of the adoptee(s). This person is often referred to as a Guardian Ad Litem. An attorney may also be appointed for the parent contesting the adoption. In addition to determining whether grounds exist to involuntarily terminate a natural parent’s rights, the court must also consider the needs and welfare of the proposed adoptee(s). This is often where the role of the Guardian Ad Litem (GAL) is most important.

The GAL should ascertain the existence or extent of any emotional bond between the natural parent and child as well as potential consequence of severing that bond. A parent’s representation of love and affection for a child without further corroboration, are not sufficient to prevent termination of their rights based on the best interests of the child. The GAL may also weigh in as to whether the adoption proceeding would be in the child’s best interests and whether the benefit of adoption outweighs any harm from the termination. Other parties, such as social workers involved in the case, can also offer an opinion as to the welfare of the children and any possibility of irreparable harm in severing the parent-child relationship. If a final decree of termination is entered by the court, the case may proceed with adoption.

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Publication of 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. Acceptable methods of service include personal service or certified mail, return receipt requested, restricted delivery. Proof of service should be filed with the court and/or submitted at the time of the hearing. If you do not have a good address for an interested party you can petition the court to permit service by an alternate method, such as publication in the newspaper where the party was last known to reside.

The court would indicate for how many weeks the notice must be published in the newspaper. The newspaper provides a certification as the publication that can be submitted to the court as verification that the required publication was completed. This adds to the costs of the adoption matter as it can cost several hundred dollars to publish. You should also be careful to include all necessary information in the publication so that the court can accept the publication as acceptable service.

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Clearances for Adoption

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. These background checks must also be completed for all other adult household members where the adoptee will reside. At this time, requests for all three background checks can be done online. The cost for each background check is nominal. Fingerprinting is required for the FBI Criminal Background Check.

New Jersey requires state, federal and local criminal history checks for adopting parents and all household members as well as child abuse record information background checks. 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 background checks are reviewed in the context of a home study, where required, and attached to that report. Where a home study is not required, the background checks can be submitted to the court with the petition for adoption. The mere existence of a record does not necessarily thwart the adoption process. The court must look to the nature of the record and whether it poses risk to a child. If there is no substantial risk, the adoption may still proceed.

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