Tag Archive for: adoption

Timeline for Adoption

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.

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Adult Adoptions

The process for adoption of an adult does not include many of the requirements present for adoption of a minor. Specifically, an adult adoption only requires a petition for adoption and consent of the adoptee and their spouse, if applicable. No background checks or home study is required. You also do not need to terminate the rights of the natural parent(s). One step that is more intensive than a minor adoption is potential name change. If looking to change your name as an adult pursuant to an adoption, you must also follow the steps for a civil name change.

You will need to submit a copy of your fingerprints with the adoption petition. Fingerprints can be obtained from your local police department. You 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. Finally, you will need to publish notice of your hearing date in a newspaper of general circulation as well as the 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 in the event of certain criminal convictions.

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Counsel for Child in Adoption

The adoptee may be appointed an attorney to represent their interests in the context of an adoption matter. Specifically, if a petition for involuntary termination of the natural parent(s)’ rights is pending. When presiding over a petition for involuntary termination, the court must consider 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. This method of expressing the children’s preference minimizes additional trauma that can result from actually participating in the litigation within the courtroom. 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.

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Home Study for Adoption

A standard adoption will require a home study to be completed by the local Children & Youth services agency or other approved social worker. This process can be expensive and takes a number of months to complete as several visits to your home will be required. The social worker completing the report would observe the home and ask certain questions of the prospective parents. A recommendation as to whether the home is suitable for a child and whether the parents should be permitted to adopt is included in the report. All of this information is submitted to the court in connection with your adoption petition. A Report of Intent to Adopt should be filed to get started with the home study process.

The requirement of a home study is waived in the event of an adoption of a stepchild, grandchild, brother, sister, niece or nephew by blood, marriage, or prior adoption. Now that Pennsylvania recognizes same-sex marriages, same-sex partners can also benefit from this provision. Adoption background checks are required for all adopting parent(s). Presently, there are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. The social worker completing the home study will need to review and verify the results of these background checks as part of their report. If you are not required to complete the home study you would file the results of the background checks with the court when you file your adoption petition.

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Grandparent Adoption

An adoption by a grandparent qualifies as a kinship adoption. Some of the statutory requirements for adoption are waived in the case of a family member adopting a child. A standard adoption will require a home study to be completed by the local Children & Youth services agency. This process is expensive and takes a number of months. This requirement is waived in the event of an adoption of a grandchild. Background checks will be required for the adopting parent(s). Presently, there are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare.

If the natural parents are consenting to the adoption, their consents can be attached to the Petition for Adoption. There must be at least thirty (30) days between when the consents are signed and when they are attached to the Petition for filing since there is a thirty (30) day revocation period. Alternatively, if the natural parents do not consent, you can plead 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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Same Sex Adoption

Same-sex adoptions can take place in the form of a second-parent adoption. A second-parent adoption allows a person to adopt the child of their “unmarried” partner. In 2002, the Supreme Court held that the parental rights of the first parent need not be terminated for the adoption by the second parent to take place. Since that time, PA has remained in the minority of states that allow second-parent adoptions on a statewide basis. If a same-sex couple is married, they follow the same procedures as a kinship or step-parent adoption.

Both types of adoption will require background checks be completed as it relates to the adopting parents. Presently, there are three background checks required: (1) Child Abuse History Clearance; (2) PA State Police Criminal Record Check; and (3) FBI Criminal Background Check through the Department of Welfare. There are nominal fees associated with requesting these background checks. Second parent adoptions will also require a home study whereas a step-parent adoption does not. The home study consists of several visits to the home over a span of time to observe the living arrangements and relationship with the proposed adopting parent. In Bucks County, home studies are conducted by the Children & Youth Social Services Agency. Following successful completion of all the pre-requisites and filing of the Petition for Adoption, the final step is the adoption hearing in either scenario.

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Background Checks 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.

If a prospective parent has lived outside of Pennsylvania in the five (5) years 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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National Adoption Month

November is National Adoption Month. This is the 23rd year for recognition of National Adoption Month which began in 1995 when President Clinton extended the recognition from a week to the entire month of November. Pennsylvania participates in national adoption awareness each year through presentation of a proclamation and renewed pledge to make sure every child has a place to call home. Pennsylvania specifically achieves these goals through the Statewide Adoption & Permanency Network and PA Adoption Exchange. Both organizations work towards the overall goal of permanency for all children. PA estimates that currently there are approx. 2,500 children in foster care awaiting adoption. You can visit www.adoptpakids.org for more information on the adoption process as well as many of the children in need of a home.

In addition to a month-long awareness, a National Adoption Day is also recognized. This year it will be November 18, 2018. Many local courts will schedule adoption hearings for that day as well as celebrations for the families. National Adoption Day will be observed in Bucks County on November 16, 2018 from 11 a.m. to 1 p.m. Food will be provided along with speakers and the Central Bucks West choir. You can visit https://natadoptday5.app.rsvpify.com/ for more information and to register to attend.

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Adoption Consents

Before an adoption can be finalized, the rights of the natural parent(s) must be terminated. Parental rights can be involuntarily terminated under certain circumstances. Parental rights can also be voluntarily relinquished via 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. There are several timing rules that must be adhered to. First, the consent cannot be signed by a natural mother within 72 hours, or three days, after the birth of a child. A consent can be signed by a natural father at any time after he has been notified the child is expected to be born or has been born. Executed consents become irrevocable after 30 days. They can be revoked on the basis of fraud or duress within 60 days.

As far as other technical requirements, the consent must include the date, full address of place of execution, and be witnessed by two adults whose name, address and relationship to the person executing the consent are required. The consent should be notarized and the notary’s complete address should be included. Another practical tip is to be careful who you select as a witness. 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. Having the prospective adoptive parents as witnesses can lead to an inference of duress and relatives of the natural parents can be viewed as biased so it is preferable to use impartial and credible witnesses with no interest whatsoever in the outcome of the adoption.

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Counseling in Adoption

Prior to an adoption taken place, the rights of the natural parent(s) must be terminated. This may occur via consent, voluntary relinquishment or involuntary termination. Regardless of the method of termination, each county is responsible for keeping a list of qualified counselors who are available to assist natural parents contemplating voluntary relinquishment or facing termination of parental rights. There is a filing fee due for each adoption petition that is filed. The amount of the filing fee varies by county. A portion of the filing fee goes to support the county counseling fund which subsidizes the costs for counseling where the natural parent(s) desire to participate but are unable to afford it.

If the natural parent(s) appear at the termination hearing the court must ask the natural parent(s) if counseling services were utilized prior to any decree terminating their rights. If the natural(s) have not received any counseling, the court may briefly postpone a decision on the termination to allow the natural parent(s) an opportunity to seek counseling. The Center for Adoption Support and Education is a national leader in counseling services including counseling for natural parents whose children have been adopted or placed in foster care. For additional information visit https://adoptionsupport.org/.

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