Custody Exchanges during Covid-19 Pandemic

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Our country is still battling the spread of a new virus and with that, new questions as to custody exchanges in the event of confirmed Covid-19 diagnosis or suspected exposure. First and foremost, be compliant with your existing Order to the extent possible. This virus is not a reason to keep your child from seeing their other parent. If exact compliance with your Order is not possible, be reasonable in making necessary accommodations to permit shared custody to continue. It’s also key to try to be on the same page regarding best practices. Be prepared to discuss and model good behavior for your child(ren) in both homes including hand washing, wiping down surfaces, wearing a mask, and social distancing.

Be transparent and provide honest information with respect to any suspected or confirmed exposure to the virus and try to agree on what steps you will take to protect your child(ren) from exposure. The courts have provided some guidance in the event of confirmed Covid-19 diagnosis or display of symptoms. If the reporting party has custody at the time, they should maintain custody until the symptoms resolve. If the non-reporting party has custody at the time, they should keep the child(ren) until the other parent has recovered. An exception can be made if parent has work obligation and cannot provide adequate care for the child(ren), in which case the child(ren) should return to the other parent. If there is a temporary pause in your schedule because of diagnosis or displayed symptoms, endeavor to work with each other to maintain a relationship through other means such as Skype, Zoom or Facetime.

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What to do after adoption

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After your adoption hearing, you can take steps to update your child’s name and/or birth certificate, where necessary. To obtain a new birth certificate you will need to submit a request through Vital Records in the state that issued the initial birth certificate. If outside of Pennsylvania, check with the local office regarding their specific requirements. For Pennsylvania birth certificates, a Certificate of Adoption is forwarded by the court to Vital Records to alert them the adoption was finalized. You would then contact Vital Records with a request for a new birth certificate and submit the applicable fee. Pennsylvania presently charges $20 for a new birth certificate, unless you are a military member, in which case the fee can be waived. The adoptive parents’ names and child’s name after adoption should be included in the application for birth certificate. The completed application, ID and payment would then go to Vital Records.

Processing times for receipt of the new birth certificate vary. The average time for adoptions is currently five (5) weeks. These steps are for a child born in Pennsylvania. For additional information on requesting a new birth certificate through Pennsylvania visit: https://www.health.pa.gov/topics/certificates/Pages/Birth-Certificates.aspx

After receiving the new birth certificate and depending on the age of the child, you may also need to update records at school, the doctor’s office, Social Security, etc. You may need to present your certified Decree of Adoption from the court in addition to new birth certificate to verify legal name change. Additional certified copies of your adoption decree can be requested through the court at a nominal cost.

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How to Place a Child for Adoption

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There are two options to place a child for adoption. The first option is to surrender the child to the appropriate agency. This can include the county social services agency or private adoption agency. Under 23 Pa C.S. 2501, written notice of intent to give custody of the child to the agency should be presented to the agency. The natural parents should also cooperate in petitioning the court for permission to voluntarily relinquish their parental rights to the child. The agency must consent to accept custody of the child. To the extent the natural parents are under 18, the consent of their parent(s) is not required.

Natural parents may also elect to surrender the child to an individual. The individual(s) accepting custody of the child will need to file a report of intent to adopt as well as sign a consent accepting custody of the child. They will also need to follow the other procedures for adoption which include getting necessary clearances as well as getting a home study, where applicable. Again, the natural parents should cooperate in petitioning the court for voluntary relinquishment of their parental rights. Alternatively, if the natural parents are consenting to the adoption, a petition for confirmation of consent can be filed instead. The court will schedule a hearing following receipt of petition for voluntary relinquishment or confirmation of consent. Notice of the hearing date must be served on natural parents as well as their parent(s) if they are still minors at the time. The natural parents should appear at the hearing. The court may enter a final decree of termination of parental rights after the hearing.  By April M. Townsend

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Guardianship of a Minor Child

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A guardian can be appointed to make decisions on behalf of a minor child. Temporary guardianships can be put in place without a court hearing. The guardianship would transfer the authority to make decisions for a minor child from the existing parent/guardian to another person for a limited time. A written agreement is required to identify exactly what authority is being transferred under the guardianship. Ideally, the agreement should be notarized in addition to being signed by all parties. The parties need to be of sound mind when signing the agreement.

Temporary guardianships can be revoked at any time.  For this reason, it is important to work towards other legally enforceable means for retaining custody of the minor if that is the goal. Temporary guardianships can be used so that prospective adoptive parents can take care of the intended adoptee while the adoption hearing is pending. This would enable the adoptive parents to make any medical decisions, enroll the child for school, etc.  Once parental rights are terminated, custody of the child is put with the prospective adoptive parents by court order. Once an adoption is approved, the prospective parents have final custodial rights over the child just as if they were the natural parents.  By April M. Townsend

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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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Counseling for Natural Parents

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Natural parents can take advantage of court-sponsored counseling services when facing termination of their parental rights. 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 any adoption of a minor taking place, the rights of the natural parent(s) must be terminated. This is a permanent termination and accordingly, the courts take all necessary steps to ensure that the natural parents understand the gravity of the situation and have a chance to discuss with a qualified professional. A portion of the filing fees paid to the court for adoption/termination proceedings goes to support that county’s counseling fund and subsidize the costs for counseling where the natural parent(s) desire to participate but are unable to afford it.

It is the court’s responsibility to confirm 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 requires proof of valid service of the proceedings to the parents. The required notice for termination hearings does make it clear that natural parents have a right to appear at the hearing but if they fail to do so their rights can be terminated by the court. The notice also informs natural parents of their right to seek an attorney and strongly advises that they do so.

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