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 this situation, an attorney must be appointed to represent the interests of the adoptee(s). An attorney may also be appointed for the parent contesting the adoption. When presiding over a petition for involuntary termination, the court must first consider whether grounds for involuntary termination have been established. Grounds for termination include instances where a parent has failed to perform any parental duties for at least six months, where a parent has demonstrated incapacity, abuse or neglect, or the child has been removed from the care of the parent(s) by an agency and parents have not been able to successfully remedy the situation which led to removal.

Once grounds for termination are established, the court then turns to the needs and welfare of the child(ren) involved. A major factor is the emotional bond between the parent and child and 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 role of the attorney appointed for the adoptee(s) is to elicit and relay the position of the children involved. The attorney 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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Notice Requirements for 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. With personal service, an affidavit of service would then be filed with the court detailing date, time and place of service. With service via mail, verification of delivery would come back from the post office with the signature of the party served. Proof of service should be filed with the court and/or submitted at the time of the hearing.

A copy of the notice for hearing must also be served on all interested parties. At least ten days’ notice of any hearing must be served by personal service or registered mail to the parties’ last known address. If the rights of the natural parents have already been terminated, you are not required to give them notice of the subsequent adoption hearing date since they are no longer an interested party. If you do not have an address for an interested party, you can petition the court to allow service by an alternate method. This would usually entail publication in the newspaper in the county where the interested party was last known to reside.

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Adoption Fees

There are a number of 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. There is a filing fee due to the court for an adoption petition. Other filings that may be necessary depending on your circumstances can include a request for a home study, notice of intent to adopt, petition for involuntary termination and/or confirmation of consent. Each county will determine which pleadings require a filing fee as well as the amount. On average, it can be several hundred dollars just in filing fees. This may be something to consider if you have multiple options available in terms of counties with proper venue for your adoption case.

In addition to filing fees, the home study, where required, is at your expense. Due to the intensive inquiry that must be completed, this is usually a fairly substantial cost. Keep in mind, a home study is not required for a family adoption. If you are planning to be married, it may make sense to get through the wedding first before the adoption to skip this step. Finally, due to the strict requirements and specific procedures for a successful adoption, an experienced attorney is strongly recommended. Most attorneys will charge by the hour for the time they spend working on your case. To that end, this 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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Blended Families

Divorce and remarriage is fairly common and can include new children in your life. Adoption may be an option to make those children your own legally. An adoption by a stepparent qualifies as a kinship adoption such that some of the statutory requirements for adoption are waived. As the prospective adopting parent, you will need to have three background checks completed prior to filing an adoption petition. Presently, the required background checks for Pennsylvania include (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. Your spouse and natural parent of the children would join as a petitioner in the adoption matter.

The rights of the other biological parent will need to be terminated in connection with the adoption. Their parental rights can be terminated voluntarily or involuntarily. With voluntary termination the other natural parent will sign a consent to the adoption which is subsequently attached to the Petition for Adoption. There must be at least thirty (30) days between when the consent is signed and when adoption petition is filed with the court since there is a thirty (30) day revocation period. With involuntary termination, you will plead the applicable grounds for involuntary termination within your adoption petition. A filing fee is payable to the county at the time you file your petition for adoption. After filing the Petition, you will receive notice of when you are scheduled for your hearing. You will need to notify any party that is required to receive notice of the hearing per the adoption statutes in advance of the hearing.

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Interstate Adoptions

There are additional requirements to satisfy if you are adopting a child out of state. The Interstate Compact for the Placement of Children, which has existed for more than forty years, addresses adoptions where a child is to be transferred across state lines. It creates uniform legal and administrative procedures for interstate adoption matters. All U.S. states are members of the Compact and follow the same procedures. The state where the child presently resides must approve of the transfer across the state lines for placement. 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.

After the sending state is satisfied that the packet covers all the relevant areas, it is sent 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 typically through the local social services agency. 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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Adoptions for Same Sex Couples

Now that Pennsylvania recognizes same-sex marriages, same-sex partners can also benefit from the simpler process of a kinship or step-parent adoption. This means no home study is required. The adopting parent would still complete the requisite background checks. At the adoption hearing the court will verify that all requirements for an adoption have been met. The adopting parent(s) should be prepared to indicate their understanding of the responsibility they are taking on as parents.

For couples conceiving using assisted reproductive technology, it may be possible to have your name included in your child’s birth certificate prior to finalization of the adoption hearing. Specifically, for female same-sex couples where one partner is the birth mother, the other partner’s name can be included in on the birth certificate so long as they are married. However, having your name on the birth certificate is not necessarily enough to protect your rights as a parent so you are advised to still consult with an attorney regarding adoption as soon as possible.

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Where to File for Adoption

An adoption petition can be filed in a number of places depending on the circumstances of your case. Pursuant to 23 P.A. CS 2302, an adoption may be brought in the county where the parent(s) reside, where the adoptee resides, where an office is located for an agency having custody of the adoptee, or with leave of court, where the adoptee formerly resided. Section 2301 dictates that each county shall exercise jurisdiction through the appropriate division for adoption matters. In Pennsylvania, it is the Orphans’ Court that regularly handles adoption matters. In New Jersey, it is the Surrogates’ office.

Each county has their own local rules and forms to be used in an adoption matter. Additionally, each county sets their own fee schedule in terms of what filing fees will be due and for which pleadings. The cost and procedure for a home study, where necessary, also varies by county. Finally, the wait for a hearing is longer in some counties than others based on the overall volume of cases to be heard and the number of sitting Judges. All of the above may be reasons to consider in determining where to file an adoption petition.

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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 card 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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Home Studies

If you are adopting a child that is not related or not within the categories of relation qualifying as a kinship adoption, you will need to have a home study completed as part of the adoption process. You should have your requisite background checks completed prior to or in connection with requesting your home study as the reports will need to be reviewed by your social worker. In Bucks County, you can apply for a home study by filing a request for a preplacement home study. There is a filing fee due at the time of filing the request. Presently, it is $650.

In Montgomery County Children and Youth will only conduct home studies for adoptions through their foster care program. If you are doing a private adoption outside of the foster care system, you will need to complete the home study through an authorized social worker. A list of social workers authorized to conduct home studies for the county is available through the Orphan’s Court. The time to complete the home study is likely a few months. Cost for the home study can vary but averages close to $1,000. Montgomery County usually requires two post-placement visits as well which can be at a separate cost than the initial home study. Presuming your home study report is positive and supports the adoption, you can move forward with the final adoption hearing.

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Act 101 Notice

Act 101 was signed into law in 2010 to allow certain post-adoption contact by agreement of the parties. Specifically, a birth relative by blood, marriage or adoption can contract with the new adoptive parents in terms of continued contact with the adoptee. In each adoption case, the parties should sign to acknowledge they received notice of the options available under Act 101. If the parties do not sign an acknowledgement, then proof that they were served with the notice should be provided to the court. A sample of the Act 101 notice is included below.
Please click below to read more.

NOTICE REQUIRED BY ACT 101 of 2010

23 Pa. C.S. §2731-2742

This is to inform you of an important option that may be available to you under Pennsylvania law. Act 101 of 2010 allows for an enforceable voluntary agreement for continuing contact or communication following an adoption between an adoptive parent, a child, a birth parent and/or birth relative of the child, if all parties agree and voluntary agreement is approved by the Court. The agreement must be signed and approved by the Court to be legally binding.

A birth relative is defined only as a parent, grandparent, stepparent, sibling, uncle or aunt for the child’s birth family, whether the relationship is by blood, marriage or adoption.

This voluntary agreement may allow you to have continuing contact or communication, including, but not limited to:

Letters and/or emails

Photos and/or videos

Telephone calls and/or text messages; or

Supervised or unsupervised visits.

If you are interested in learning more about this option for a voluntary agreement, contact your attorney.

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