This pamphlet provides an overview of stepparent adoption. Topics covered include general requirements, obtaining consents, and the legal steps to follow in the adoption process.
Pennsylvania USLegal Pamphlet on Stepparent Adoption
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Application Process After selecting an agency, you will be invited to complete an application to begin the adoption process. Most applications will gather information about your family composition and background as well as the characteristics of the child(ren) that you would like to adopt.
The stepparent may cook and care for a child, take them to the doctor, pay school tuition, attend the child's activities and school events, and provide financial support. If a court finds that a stepparent stood in loco parentis for the child, it may award custody or visitation to a stepparent.
This results in the biological father giving up his rights as a legal parent, which includes his right to things such as custody and court-ordered visitation. It also, however, relieves him of any legal obligations associated with legal parenthood such as the payment of child support.
PA adoption laws state that a woman must wait at least 72 hours following the birth to offer her consent to the adoption and terminate her parental rights, and her consent must be signed by two witnesses. Birth fathers may offer their consent at any time prior to the birth.
All stepparent adoptions require the noncustodial parent's rights to be terminated, whether through their own consent or through an involuntary termination completed by the court. In a stepparent adoption without consent, this process is legally complicated and must be completed by an adoption attorney.
Filing a Stepparent Adoption in PA Petition After the court has formally terminated parental rights, the stepparent will need to submit a petition to the court stating that they would like to adopt the child. If the child's other parent is deceased, the adoption process starts from this step.
In Connecticut and Delaware, independent adoptions are illegal. Pennsylvania, New Jersey, Virginia and New York allow them. In essence, an independent adoption is arranged by prospective adoptive and birth parents on their own. First, you'll have to find each other.