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Adopting a Child in Pennsylvania

Who can adopt in Pennsylvania, whose consent is needed, home studies, and how stepparent adoption works.

Short answer: Any individual may adopt. Adoption cases are handled by the county court of common pleas. Consent is required from the adoptee if over 12, the adopting parent's spouse (unless joining the petition), the parents of a minor, and in some cases a guardian or custodian; 23 Pa.C.S. §§ 2301, 2312, 2511, 2530, 2531, 2535, 2711, 2714

Adoption requirementsAny individual may adopt. Adoption cases are handled by the county court of common pleas. Consent is required from the adoptee if over 12, the adopting parent's spouse (unless joining the petition), the parents of a minor, and in some cases a guardian or custodian; a consent signed before or within 72 hours after birth is invalid. A parent's consent is not needed if parental rights were terminated or the court finds grounds for involuntary termination, such as conduct for at least six months showing a settled purpose of giving up parental claim or a failure to perform parental duties. When an intermediary (agency or other person) places a child, a favorable home study and preplacement report must be completed first, and a person taking custody of a child to adopt must generally file a report of intention to adopt, after which the court orders an investigation.
Stepparent adoptionWhen a parent consents to adoption of the child by their spouse, the parent keeps their own parent-child relationship whether or not they join the petition. The other parent must consent unless their rights are terminated; a parent may petition to terminate the other parent's rights on grounds such as at least six months of conduct showing a settled purpose of relinquishing parental claim or refusal or failure to perform parental duties. No report of intention to adopt is required when the child is the adopting person's stepchild, and the court-ordered investigation is tied to that report.

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FAQ

What are the requirements to adopt a child in Pennsylvania?
Any individual may adopt. Adoption cases are handled by the county court of common pleas. Consent is required from the adoptee if over 12, the adopting parent's spouse (unless joining the petition), the parents of a minor, and in some cases a guardian or custodian; a consent signed before or within 72 hours after birth is invalid. A parent's consent is not needed if parental rights were terminated or the court finds grounds for involuntary termination, such as conduct for at least six months showing a settled purpose of giving up parental claim or a failure to perform parental duties. When an intermediary (agency or other person) places a child, a favorable home study and preplacement report must be completed first, and a person taking custody of a child to adopt must generally file a report of intention to adopt, after which the court orders an investigation.
How does stepparent adoption work in Pennsylvania?
When a parent consents to adoption of the child by their spouse, the parent keeps their own parent-child relationship whether or not they join the petition. The other parent must consent unless their rights are terminated; a parent may petition to terminate the other parent's rights on grounds such as at least six months of conduct showing a settled purpose of relinquishing parental claim or refusal or failure to perform parental duties. No report of intention to adopt is required when the child is the adopting person's stepchild, and the court-ordered investigation is tied to that report.

General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.