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Where to File for Adoption

An adoption petition can be filed in a number of places depending on the circumstances of your case. Pursuant to 23 P.A. CS 2302, an adoption may be brought in the county where the parent(s) reside, where the adoptee resides, where an office is located for an agency having custody of the adoptee, or with leave of court, where the adoptee formerly resided. Section 2301 dictates that each county shall exercise jurisdiction through the appropriate division for adoption matters. In Pennsylvania, it is the Orphans’ Court that regularly handles adoption matters. In New Jersey, it is the Surrogates’ office.

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. The cost and procedure for a home study, where necessary, also varies by county. Finally, the wait for a hearing is longer in some counties than others based on the overall volume of cases to be heard and the number of sitting Judges. All of the above may be reasons to consider in determining where to file an adoption petition.

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Where Can You Adopt?

The Pennsylvania Adoption Act is fairly liberal in terms of where an adoption can take place. An adoption can take place in any county where the natural parents of the child occur. It may also take place in any county where the child to be adopted resides. Additionally, an action for adoption can be initiated in the county where the parties looking to adopt reside. Outside of any county where a party of an adoption matter may reside, an agency adoption can be brought in any county where that agency has an office. The final option as to where you may file is where the child to be adopted previously resided with leave of court. This means a court must make a determination as to whether filing in a county where the child used to live or was born is appropriate.

The third factor is most often seen in the context of family law matters. Often, parties will want to obtain medical information of the other party to present as evidence to the court. This may be in the context of a custody matter if a party is alleging the other party does not have the physical fitness or mental well-being to parent. It may also arise in a support matter where there is an assertion regarding an ability or inability to work because of a health issue. Essentially, a party must give written consent to their provider prior to the release of any of their medical information. Entities that must follow HIPAA include insurance companies and health care providers. In some circumstances it is possible to obtain records without the patient’s written consent by subpoena or court order.

Click here to read more on adoption.

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