Tag Archive for: adoption

Pennsylvania Surrogacy

Pennsylvania does not have a statute in place as it relates to surrogacy, however, case law has upheld a surrogacy contract. There are two types of surrogacy. A traditional surrogacy is where the carrier has a genetic relationship with the child. For example, the carrier’s eggs are used along with a sperm donor. A gestational surrogacy is where the carrier has no genetic relationship. With a gestational surrogacy both the egg and sperm are implanted into the carrier. In J.F. v. D.B., the carrier mother attempted to keep the children following birth despite having entered a surrogacy agreement. 897 A.2d 1261 (2006). The court eventually held she didn’t have standing for a custody action and turned the children over to the intended parents per the contract. The courts went a step further in In re Baby S, when it explicitly upheld a surrogacy agreement. 2015 Pa. Super. 244 (2015).

Pennsylvania also allows for the intended parents to get a pre-birth order to have their names listed on the birth certificate as parents. This procedure is the Assisted Conception Birth Registration. This procedure is available when both intended parents are related to the child (e.g. gestational surrogacy). It requires the intended parents to file a petition with the court to get an order as well as the submission of a Report of Assisted Conception. The Department of Health oversees the procedure. The benefit of this procedure is that it alleviates the need for adoption proceedings. If the intended parents do not meet the criteria for an Assisted Conception Birth Registration, adoption is still an alternate method to establish legal parentage.

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New Birth Certificates

Additional copies of a birth certificate may be ordered from the Department of Vital Records. An application is required along with a fee of $20. Fees may be waived for members of the armed forces. Simple changes to a birth certificate can be made by agreement of the parents through the Department of Vital Records as well. Desired corrections can be stated on the back of the birth certificate and must be signed by both parties in the presence of a notary. A change in civil status form is required for a name change on a birth certificate due to the subsequent marriage of the biological parents. An acknowledgment of paternity form must be filed to have the biological father added to a birth certificate where no one was previously listed.

Following adoption, a new birth certificate will be issued upon receipt of the Certificate of Adoption certified by the local Orphan’s Court and then submitted to the Department of Vital Records. Other types of name change may require a court order. The procedures for a petition for a name change must be followed. A court order approving the name change may be obtained following a hearing. A certified copy of the court order with raised seal must be sent to the Department of Vital Records to obtain a new birth certificate. The Pennsylvania Department of Vital Records can be reached at (844)228-3516 or at the address below. Click here to read more about name changes.

Division of Vital Records
Attn: Corrections Unit
101 S. Mercer Street, Room 401
PO Box 1528
New Castle, PA 16101

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Interstate Adoptions

The Interstate Compact for the Placement of Children 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. The Compact has existed for approx. forty years. 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 order to get approval, a packet must be created containing key information on the child, the prospective parent(s) and the intended place of residence. For example, the child’s social, medical, and educational history should be discussed.

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 as well as sends 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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National Adoption Day

National Adoption Day is observed nationwide each year on the Saturday before Thanksgiving. 4,500 children were adopted on National Adoption Day last year and 400 different cities participated in some form of celebration. There have been approx. 54,500 children adopted since 2000. The month of November is National Adoption Month. This is the 20th year for recognition of National Adoption Month after President Clinton extended the recognition from a week to the entire month of November in 1995. The week-long celebration began in 1984 under President Ronald Reagan. Pennsylvania participates in presentation of a proclamation every year regarding National Adoption Month pledging its commitment to make sure every child has a place to call home.

Bucks County is holding its National Adoption Day, tomorrow, November 20, 2015. The celebration begins at 11 a.m. on the third floor of the main courthouse in Doylestown, PA. The celebration is spearheaded by the Bucks County Children and Youth Social Services Agency as well as the Register of Wills and Orphans’ Court. This year one of Bucks County’s most well-known adoption attorneys, Samuel Totaro, along with his wife, Andrea, are being honored for their work in finding homes for children. A brief reception will follow the awards.

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Involuntary Termination of Parental Rights

Parental rights can generally only be dissolved in conjunction with an adoption matter. A biological parent can consent to an adoption, voluntarily relinquish their rights or be subject to involuntary termination. Pursuant to 23 Pa.C.S. § 2511, there are nine (9) grounds for involuntary termination of parental rights:

(1) The parent by conduct continuing for a period of at least six months immediately preceding the filing of the petition either has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties.

(2) The repeated and continued incapacity, abuse, neglect or refusal of the parent as caused the child to be without essential parental care, control or subsistence necessary for his physical or mental well-being and the conditions and causes of the incapacity, abuse, neglect or refusal cannot or will not be remedied by the parent.

(3) The parent is the presumptive but not the natural father of the child.

(4) The child is in the custody of an agency, having been found under such circumstances that the identity or whereabouts of the parent is unknown and cannot be ascertained by diligent search and the parent does not claim the child within three months after the child is found.

(5) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency for a period of at least six months, the conditions which led to the removal or placement of the child continue to exist, the parent cannot or will not remedy those conditions within a reasonable period of time, the services or assistance reasonably available to the parent are not likely to remedy the conditions which led to the removal or placement of the child within a reasonable period of time and termination of the parental rights would best serve the needs and welfare of the child.

(6) In the case of a newborn child, the parent knows or has reason to know of the child’s birth, does not reside with the child, has not married the child’s other parent, has failed for a period of four months immediately preceding the filing of the petition to make reasonable efforts to maintain substantial and continuing contact with the child and has failed during the same four-month period to provide substantial financial support for the child.

(7) The parent is the father of a child conceived as a result of a rape or incest.

(8) The child has been removed from the care of the parent by the court or under a voluntary agreement with an agency, 12 months or more have elapsed from the date of removal or placement, the conditions which led to the removal or placement of the child continue to exist and termination of parental rights would best serve the needs and welfare of the child.

(9) The parent has been convicted of one of the following in which the victim was a child of the parent: criminal homicide, aggravated assault, a comparable crime in a different jurisdiction, or any attempt/conspiracy to commit the above.

Grounds for termination can be cited as part of an adoption petition if the adoption is kinship. In a non-kinship matter, the petitions for adoption and termination should be separate. The termination will be scheduled first. If successful, no notice must be given to the former biological parents as far as the subsequent adoption proceedings.

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Counseling in Adoption Cases

Prior to an adoption taking place, the rights of the natural parent(s) must be terminated. This may occur via consent, voluntary relinquishment or involuntary termination. Pursuant to 23 Pa C.S. 2505, 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. The court must inquire of 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.

When an adoption is filed, a portion of the filing fee goes to support the county counseling fund which exists to pay for counseling where the natural parent(s) desire to participate but are unable to afford it. Presently, the counseling fee is $75 and is filed with the Report of Intent to Adopt. The Bucks County Orphans’ Court Division is hosting two informational sessions regarding the counseling program available. The first is on July 29, 2014 at 9:30 a.m. at the Lowers Bucks Chamber of Commerce in Fairless Hills, PA. The second event is being held on July 31, 2014 at 9:30 a.m. at the Central Bucks ambulance & Rescue Unit in Doylestown, PA. For additional information or to R.S.V.P., please contact (215) 348-6260.

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Same-Sex Adoption

While Pennsylvania does not acknowledge same-sex marriages, the Supreme Court has established that 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.

 

While in theory, second parent adoptions are similar to step-parent adoptions, they differ in terms of procedure. 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. Same-sex 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.

Click here to read more about family law issues between same sex couples. 

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National Adoption Day

November is National Adoption Month. This is the 18th year for recognition of National Adoption Month. It started as National Adoption Week in 1984 on the motion of President Ronald Reagan. In 1995, President Clinton extended the recognition from a week to the entire month of November. Pennsylvania participates in presentation of a proclamation every year regarding National Adoption Month pledging its commitment to make sure every child has a place to call home. Pennsylvania specifically recognizes the Statewide Adoption & Permanency Network and PA Adoption Exchange as organizations that work towards the overall goal of permanency for all children.

In addition to a month-long awareness, a National Adoption Day is also recognized. This year it will be November 23, 2013. Philadelphia celebrated last week by completing eighteen adoptions on November 15, 2013. In addition to the completion of the adoptions, the Philadelphia Family court provided face painters, balloons and  Mummers as part of their celebration. Another event was held on November 19th in Harrisburg, PA as Dauphin County celebrated National Adoption Day. 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.

 

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Step-parent and Kinship Adoptions

In Pennsylvania adoptions are handled through the Orphan’s Court. The rules and procedures for an adoption can be found in the Orphan’s Court Rules under Rule 15. Each county may have a set of local rules pertaining to adoption which should also be reviewed and complied with where necessary. The primary, and in this instance the initial, requirement is the adoption petition. An adoption petition should include the name, age, residence history, marital status, other dependants, occupation, religion, race, relationship to adoptee, and state of health of all petitioners as well as the natural parents. The petition should also state the name, sex, race, age, date of birth, place of birth, religion, and residence history for the adoptee. Each adoptee requires a separate petition. The intended name of the adoptee following the adoption should be included as well. Consents of the natural parents and an original birth certificate of the adoptee should be attached as exhibits. Consent of the natural parents is not required if you are involuntarily terminating their rights. If that is the case you should indicate why involuntary termination is appropriate based on 23 Pa C.S. 2511(a) within the petition. An often used provision under 23 Pa. C.S. 2511 is that the natural parent has failed to perform parental duties or evidenced a settled purpose of relinquishing parental claim to the child for a period in excess of six months immediately preceding the filing of the petition.

The birth certificate to be attached to the petition should be a “complete” or “long-form” birth certificate that includes the full names and ages of the natural parents at the time of birth. You must specifically request a birth certificate with the parents’ ages or you will likely not receive the correct birth certificate. All prospective adoptive parents must submit to a criminal and child abuse background check in the context of the adoption. This must be completed before the petition is filed and also included as an exhibit. Once filed, the petition must be served on all interested parties to give proper notice as required under the law. This would entail either personal service or service by certified mail, return receipt requested, at least 10 days prior to the date set for a hearing. Certification of service must be filed with the court either before or at the time of the hearing. At the hearing, the Judge will make sure all the requirements under the law have been met and there is no objection by the natural parent(s) whose rights are being terminated. If so, the adoption can be granted.

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