Stepparent Adoption
Stepparent Adoption
A stepparent adoption is when the spouse of a biological parent adopts their child. The biological parent maintains their parental rights however the stepparent, upon completion of the adoption, has the same rights. This allows the stepparent to formalize their parental bond with the child under the law.
With a stepparent adoption, both biological parents must consent to the adoption and in Pennsylvania children 12 years of age or older must also consent to the adoption. Even if the other parent has never been in the child's life they still have legal rights, unless previously terminated in a court of law, and must be notified of the hearing using best efforts. There a specific rules that must be followed if the parent cannot be located using reasonable efforts and the court will determine if those have been satisfied. If the other parent does not consent, a termination of parental rights a hearing must occur before an adoption hearing. No home home study or post-placement visitation is required.
Foster Care Adoption
Foster Care Adoption
- If you are interested in adopting a child, you must submit an application to be considered. This will include information about your family, finances, and lifestyle. You will need to undergo a criminal background check and abuse clearance, and you may be required to provide personal references as well.
- After you have applied for adoption, a social worker will visit your home to inspect it and make sure it is safe for a child. The social worker will also interview you, your spouse, and other family members at this time. This is called a home study.
- If you are adopting through an agency (whether state or private), you will be matched with a child at this stage. You will meet the child while under the supervision of the social worker.
- After a child has been matched and you are ready to see if you are a good fit, the child will be placed with you for at least 6 months. The social worker will conduct regular monitoring to see how the relationship between your family and the child is progressing.
- 30 days after placement, you must file an Intent to Adopt. The placement period will extend beyond this 30 days.
- After placement has ended and all other reports have been filed, you may file a petition for adoption.
- After petitioning for adoption, you will need to attend an adoption hearing before a judge. This hearing will include testimonies from you, the social worker monitoring your case, and the child (if the child is over the age of 12). The judge will then decide whether to approve your adoption. Upon approval, you will receive a certificate of adoption and a new birth certificate for the child with the adoptive parents listed.
Relative/Kinship Adoption
Relative/Kinship Adoption
This occurs when an adult adopts someone in the family, such as a grandparent adopting a grandchild. Sometimes this occurs when a child's parent is deceased or when the adopting family member has been caring for the child and serving as their guardian. There are also times when the parent voluntarily gives their child to another family member due to the inability to take care of the child.
- The benefits of adopting a child in this instance are to:
- Formalize the legal process which will give the child stability,
- Give access to the adopting relative to the adoptees educational and medical records
- Provide the adoptee with inheritance rights
This adoption process is similar to many other forms of adoption in that you'll need to obtain consent from the child's biological parents and/or there will need to be a hearing for the involuntary termination of parental rights. There is also no home study required.
Adult Adoption
In Pennsylvania you can be adopted even if you are an adult. The process is however, different than that of a minor being adopted. With adult adoptions there is more information required by the adult adoptee to ensure there are no illegal reasons for this to occur. In this instance you do not need the consent of the biological parents only the consent of the adult adoptee and the adopting parents.
The adult adoptee will be required to have background checks, be finger printed, have their residence verified for the past five years and determine if they have outstanding liens among other things.
It's important to note that there are times where an adult adoption may be prohibited, such as:
- if there's a pre-existing sexual relationship between the adoptive parent and the adoptee
- if the adult adoptee or adoptive parent has been convicted of a felony or faces criminal charges
- If the adult adoptee is not competent enough to understand the process
- Where there are fraudulent reasons for the adoption
Stepparent Adoption
Stepparent Adoption
A stepparent adoption is when the spouse of a biological parent adopts their child. The biological parent maintains their parental rights however the stepparent, upon completion of the adoption, has the same rights. This allows the stepparent to formalize their parental bond with the child under the law.
With a stepparent adoption, both biological parents must consent to the adoption and in Pennsylvania children 12 years of age or older must also consent to the adoption. Even if the other parent has never been in the child's life they still have legal rights, unless previously terminated in a court of law, and must be notified of the hearing using best efforts. There a specific rules that must be followed if the parent cannot be located using reasonable efforts and the court will determine if those have been satisfied. If the other parent does not consent, a termination of parental rights a hearing must occur before an adoption hearing. No home home study or post-placement visitation is required.
Foster Care Adoption
Foster Care Adoption
- If you are interested in adopting a child, you must submit an application to be considered. This will include information about your family, finances, and lifestyle. You will need to undergo a criminal background check and abuse clearance, and you may be required to provide personal references as well.
- After you have applied for adoption, a social worker will visit your home to inspect it and make sure it is safe for a child. The social worker will also interview you, your spouse, and other family members at this time. This is called a home study.
- If you are adopting through an agency (whether state or private), you will be matched with a child at this stage. You will meet the child while under the supervision of the social worker.
- After a child has been matched and you are ready to see if you are a good fit, the child will be placed with you for at least 6 months. The social worker will conduct regular monitoring to see how the relationship between your family and the child is progressing.
- 30 days after placement, you must file an Intent to Adopt. The placement period will extend beyond this 30 days.
- After placement has ended and all other reports have been filed, you may file a petition for adoption.
- After petitioning for adoption, you will need to attend an adoption hearing before a judge. This hearing will include testimonies from you, the social worker monitoring your case, and the child (if the child is over the age of 12). The judge will then decide whether to approve your adoption. Upon approval, you will receive a certificate of adoption and a new birth certificate for the child with the adoptive parents listed.
Relative / Kinship Adoption
Relative / Kinship Adoption
This occurs when an adult adopts someone in the family, such as a grandparent adopting a grandchild. Sometimes this occurs when a child's parent is deceased or when the adopting family member has been caring for the child and serving as their guardian. There are also times when the parent voluntarily gives their child to another family member due to the inability to take care of the child.
- The benefits of adopting a child in this instance are to:
- Formalize the legal process which will give the child stability,
- Give access to the adopting relative to the adoptees educational and medical records
- Provide the adoptee with inheritance rights
This adoption process is similar to many other forms of adoption in that you'll need to obtain consent from the child's biological parents and/or there will need to be a hearing for the involuntary termination of parental rights. There is also no home study required.
Adult Adoption
In Pennsylvania you can be adopted even if you are an adult. The process is however, different than that of a minor being adopted. With adult adoptions there is more information required by the adult adoptee to ensure there are no illegal reasons for this to occur. In this instance you do not need the consent of the biological parents only the consent of the adult adoptee and the adopting parents.
The adult adoptee will be required to have background checks, be finger printed, have their residence verified for the past five years and determine if they have outstanding liens among other things.
It's important to note that there are times where an adult adoption may be prohibited, such as:
- if there's a pre-existing sexual relationship between the adoptive parent and the adoptee
- if the adult adoptee or adoptive parent has been convicted of a felony or faces criminal charges
- If the adult adoptee is not competent enough to understand the process
- Where there are fraudulent reasons for the adoption
