Tag Archive for: confirmation of consent

Confirming Consent to Adoption

If the natural parent(s) agree to the adoption and are signing off on their rights, prospective parents may file a petition to confirm their consent to finalize the voluntary termination of their parental rights. In this scenario, the child is usually already in the care of the prospective parent(s). The prospective parent must consent to accept custody of the child until such time as the child is adopted. The prospective parent(s) would also need to file a report of intention to adopt with the court.

The natural parents should appear at the hearing to offer testimony regarding their consent. The court needs to verify the consent was entered knowingly and voluntarily. If the natural parents are not present, the parties who served as witnesses at the time the consent was executed may be called to testify as well as any notary that notarized the document. After the hearing, the court may enter a decree terminating parental rights if satisfied that the consents were properly executed and there was no duress or fraud. The prospective parent(s) would still need to appear at subsequent hearing to finalize the adoption. Hearings for confirmation of consent are to be confidential such that the identities of the parties involved is not disclosed.

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Confirmation of Consent in Adoption

One of the ways an adoption can proceed is if the natural parent(s) consent to the adoption. A Petition for Confirmation of Consent can be filed by the party executing the consent or the party intending to adopt the child. 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. The 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 provided. It is good practice to also have the consent notarized and the notary’s complete address should be included. Another practical tip is to be careful who you select as a witness. Ideally, the witnesses should be completely disinterested with no stake in the outcome of the adoption. The persons witnessing the consents will 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. After a hearing, the court can enter a decree for termination of parental rights based on the proper execution of the consent and an adoption can proceed.

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