Tag Archive for: adoption steps

An adoption petition can be filed by anyone. Pursuant to 23 P.A. CS 2312, any individual may become an adopting parent. There is no requirement that a prospective parent be married or in a relationship. An adoption can take place in any county where the natural parents of the child reside. It may also take place in any county where the child to be adopted resides or in the county where the prospective parent resides. Background clearances must be obtained for the prospective parent as well as any other adult household members. If not already resolved, the rights of the natural parents of the child need to be addressed in connection with the adoption proceeding. The natural parents can cooperate in consenting to the adoption and or voluntarily relinquishing their rights. There are also circumstances in which a prospective parent can petition for the involuntary termination of the natural parents’ rights.

The first step is to file the applicable petition for adoption and/or termination with the correct court. 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. A streamlined adoption process may be available depending on the familial relationship of the prospective parent to the adoptee in that the requirement for a home study may be waived. The cost and procedure for a home study, where necessary, also varies by county. Working with an experienced adoption attorney will help you in navigating all these areas.

1. Apply/arrange for home study if non-kinship adoption.

2. Order the Criminal and Child Abuse Checks through (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare.

3. Obtain Consent from natural parent(s) no sooner than 72 hours after birth of child. The consent form is specific and must be witnessed and notarized. Can be filed 30 days after execution.

4. Thirty Days after Placement: Adopting Parents file Report of Notice of Intent to Adopt.

5. Relinquishment Petition: Natural parent(s) may file a petition to relinquish rights thirty days after custody transferred. Consent(s) of the natural parent(s) should be attached.

6. Relinquishment Hearing: Informal, but natural parent(s) testify.

OR: Adoptive Parents may file a Petition to Confirm Consent if no Relinquishment Petition was filed within 40 days after Consent(s) signed. In this case, natural parent(s) not required at hearing, but need witnesses regarding execution of consent.

7. If no cooperation from natural parent(s), file Petition for Involuntary Termination of Parental Rights. Must be able to prove termination is warranted based on one of the grounds listed in the statute. Termination hearing will be scheduled and natural parent(s) must be served.

8. Intermediary (Agency or Attorney) must file a report within 6 months after filing Intent to Adopt

9. Petition for Adoption: This is filed after all termination decrees are entered, Intermediary Report is filed, the home study is completed and the home study report is filed. Filing Fees applicable.

10. Adoption Hearing: Attended by Attorney and Adopting Parents, and Adoptee.