Stepparent Adoption in Pennsylvania
- What is a Stepparent adoption?
An individual becomes a stepparent when he or she marries a person who has a child from a previous marriage or relationship. The stepparent is not the legal parent of the child. If the stepparent wants to become the legal parent of the child, he or she must adopt the child.
- Can a stepparent adopt a child if his spouse’s ex, that is the child’s other birth parent, is not willing to give up his or her parental rights?
Generally the other parent will have to be willing to give up his or her parental rights unless there are grounds for the rights to be involuntarily terminated by the court.
- Does the other parent have to come to the hearing?
If he or she has signed a written consent to the adoption, he or she must be given notice of the hearing but does not have to come to the hearing.
- What if the location of the other parent is unknown?
A thorough and well documented search must be made to try and find the other parent. This may include an online search, checking the paternity registry, contacting voter registration, contacting mutual friends, newspaper publication, etc. Notice of the hearing will most likely be sent to the last known address. If the judge determines that appropriate effort has been made to locate the other parent, the parental rights may be terminated involuntarily if the grounds are met.
- What are the grounds for involuntarily termination that are most often used in a stepparent adoption under Pennsylvania law?
- The other parent has refused or failed to perform parental duties for a period of at least six months.
- The repeated and continued incapacity, abuse, neglect or refusal of the other parent has caused the child to be without the essential parental care that is necessary for the child’s physical and mental health, and the incapacity, etc., cannot or will not be remedied by the parent.
- If the child is a newborn, the other parent knows or has reason to know of the child’s birth and the parent has failed for a period of four months to maintain substantial and continuing contact with the child and has failed to provide substantial financial support.
- Is a home study required for a stepparent adoption?
This depends on the county in which the adoption is brought. However, most counties in Pennsylvania treat the adoption as a “relative adoption” and do not require that a home study take place.
- Does the stepparent have to obtain CRIMINAL or child abuse clearances?
Yes. In most counties the stepparent must obtain a Pennsylvania Child Abuse, a Pennsylvania Criminal History and FBI Fingerprint clearances.
- Does the child have to consent to the adoption?
In Pennsylvania, if the child is 12 or older, he or she must sign a written consent to the adoption. Even if the child is under the age of 12, the judge may ask the child some questions to make sure that the child is comfortable with the adoption.
- Can the child’s name be changed?
Yes. This can be part of the adoption. However, if the stepchild is over the age of 18, he or she will most likely have to follow the process for an adult legal change of name. This includes newspaper publication re the new name, a judgment search and fingerprinting.
- Can past due child support obligations of the other birth parent still be pursued?
The adoption will terminate future support obligations of the birth parent whose rights are terminated. However, past due obligations are not discharged and can still be pursued as long as there is an outstanding court order for the support.