How does the adoption process work in Pennsylvania?
Pennsylvania's Adoption Act, codified at 23 Pa.C.S. Chapter 21, governs all adoptions in the Commonwealth's Orphans' Court Division.
1. Types of Adoption
2. Petitioner Eligibility
Any individual may petition under § 2312. Spouses must join unless separated or the spouse is the natural parent. No statutory residency, though the petition must be filed in the county of petitioner's residence or the child's residence (§ 2302).
3. Consent Requirements
Under 23 Pa.C.S. § 2711, a birth mother's consent cannot be executed before 72 hours after the child's birth. A birth father may sign at any time after birth. The consent is revocable within 30 days for the birth father and 30 days for the birth mother under § 2711(c). Revocation must be in writing and filed with the court.
4. Home Study
A pre-placement home study under § 2530 by a licensed Pennsylvania agency is required for all non-relative placements. A post-placement supervision report must also be filed (§ 2535). Step-parent adoptions and grandparent adoptions are exempt unless the court orders one.
5. Termination of Parental Rights (TPR)
Voluntary TPR under § 2501 (relinquishment to agency) or § 2502 (relinquishment to adult intending to adopt). Involuntary TPR under § 2511 (abandonment, incapacity, abuse). Interstate placements must satisfy ICPC (62 P.S. § 761 et seq.). ICWA (25 U.S.C. § 1901) applies to tribal-eligible children.
6. Finalization Hearing
After TPR and the supervisory period, the Orphans' Court holds a final hearing (§ 2901). A new birth certificate is then issued by the Division of Vital Records under § 2935.
This is legal information, not legal advice.
- Birth parent files a timely revocation of consent within 30 days
- Involuntary TPR on grounds of parental incapacity or abandonment
- Putative-father claim under Pennsylvania's Putative Father Registry (§ 8801)
- 23 Pa.C.S. § 2101 et seq.
- 23 Pa.C.S. § 2711
- 23 Pa.C.S. § 2511
- 62 P.S. § 761 (ICPC)
- 25 U.S.C. § 1901 (ICWA)
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.