PENNSYLVANIA

 Any individual may adopt.

Who Can Be Adopted?

 Any individual may be adopted, regardless of his age or residence.

Consent to Adoption

 Consent is required of the following parties:

 (1) the parents of the adoptee, who is under 18 years of age;

 (2) the husband, if he was the husband of the natural mother at any timewithin 1 year prior to the birth of the adoptee;

 (3) the spouse of the adopting parent, unless the spouse joins in theadoption;

 (4) the adoptee, if over 12 years of age;

 (5) the guardian of an incapacitated adoptee;

 (6) the guardian or anyone having custody of the adoptee whenever there is noparent whose consent is required.

 (7) If the adoptee is over 18 years of age, or if the adoptee is under 18 andhas no living parents, then the court may decide that only the adoptee'sconsent is required.

 The husband of the natural mother, who is proven not to be the adoptee'sfather, is not required to consent.

 Consent is not required when parental rights have been involuntarilyterminated (for example, due to repeated and continuous abuse, neglect, orfailure to care for the child).

 Consent cannot occur until 72 hours after the birth of the child. Consent mayonly be revoked prior to the final decree of adoption or the termination ofparental rights, whichever occurs first.

Putative Father's Rights

 A putative father may execute a consent to adoption at any time afterreceiving notice of the expected or actual birth of the child. If a putativefather fails to file acknowledgment of paternity, appear at the adoptionhearing, or file an objection, the court may enter a decree terminatingparental rights of the putative father.

Confidentiality

 All adoption records, and other papers shall be withheld from inspectionexcept upon a court order. The adoptee, who is at least 18 years of age, orthe adoptee's adoptive parents, if the adoptee is under 18 years of age, mayrequest of the court information concerning the natural parents that will notreveal their identity. Upon such a request of an adoptee who is 18 years ofage, or the adoptive parents, if the adoptee is under 18 years of age, thecourt or the agency which placed the adoptee may attempt to contact the naturalparents to obtain their consent to release of their identity. Informationshall only be released about parents that agree to the disclosure.

Permissible Fees

 The adoption report shall include an itemized account of all money paid byadoptive parents. The following payments made by the adoptive parent to athird party are permissible: Medical and hospital expenses incurred by thenatural mother or on behalf of the child prior to adoption and reasonableexpenses incurred by an agency for administrative costs and for counseling andtraining services to the adoptive parents. The court may also require theadoptive parents to pay for the legal fees of the biological parents, and thechild's guardian ad litem, and counsel but not to exceed $150.

Place of Adoption Hearing

 The adoption hearing can take place in the court of the county where theadoptee's biological parents or the adoptive parents live, where the adopteeformerly lived, or where the child-placing agency that has custody islocated.

Authority To Place Child

 Any incorporated or unincorporated organization, society, institution, orother entity, public or voluntary, which may receive or provide for the care ofchildren, supervised by the Department of Public Welfare, and providingadoption services in accordance with standards of the Department, has authorityto place a child. An intermediary may act between the adoptive and naturalparents to help arrange the adoption. The intermediary must file with thecourt, prior to the adoption, an affidavit containing a statement of fees andexpenses, extensive information concerning the child, and other statutorilyprescribed terms.

Relative Adoption

 The preadoption report required of all adopting parents is not required when arelative or stepparent is adopting the child.

Special Circumstances

 Whenever possible, the adopting parent shall be of the same religious faith asthe natural parents of the adoptee.

State Law: FullText

Not available in electronic form at this time for this state, sorry.

Attorney Referral Service

Pennsylvania Bar Association
P.O. Box 186
Harrisburg, PA 17108
(717) 238-6715

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