Adoption in Western PA - Frequently Asked Questions

Who can Adopt?

In theory, any person may adopt.

Who Can Be Adopted?

Any individual can be adopted regardless of that person's age or residence.

When is Consent to Adoption Required?

Consent is required of the following parties:
1. the parents of the adoptee, who are under 18 years of age;
2. the husband, if he was the husband of the natural mother at any time within 1 year prior to the
birth of the adoptee;
3. the spouse of the adopting parent, unless the spouse joins in the adoption;
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 no parent whose
consent is required.
7. If the adoptee is over 18 years of age, or if the adoptee is under 18 and has no living parents,
then the court may decide that only adoptee's consent is required.
The husband of the natural mother, who is proven not to be the adoptee's father, is not required
to consent.

Consent is not required when parental rights have been involuntarily terminated, which may result
from repeated and continuous abuse, neglect, or failure to care for the child).

Importantly, consent cannot take place until 72 hours after the birth of the child. Consent may only
be revoked prior to the final decree of adoption or the termination of parental rights, whichever
occurs first.

What are the Putative Father's Rights?

A putative father may sign a consent to adoption at any time after receiving notice of the
expected or actual birth of the child. If a putative father fails to file acknowledgment of paternity,
appear at the adoption hearing, or file an objection, the court may enter a decree terminating
parental rights of the putative father.

How is Confidentiality Protected?

All adoption records are to be withheld from inspection except upon a court order. The adoptee,
who is at least 18 years of age, or the adoptee's adoptive parents, if the adoptee is under 18
years of age, may request of the court information concerning the natural parents that will not
reveal their identity. Upon such a request of an adoptee who is 18 years of age, or the adoptive
parents, if the adoptee is under 18 years of age, the court or the agency which placed the
adoptee may attempt to contact the natural parents to obtain their consent to release of their
identity. Information shall only be released about parents that agree to the disclosure.

What Fees Are Permissible?

To protective adoptive parents from fraud or other abuses, the adoption report must include an
itemized account of all money paid by adoptive parents. The following payments made by the
adoptive parent to a third are permissible: Medical and hospital expenses incurred by the natural
mother or on behalf of the child prior to adoption and reasonable expenses incurred by an
agency for administrative costs and for counseling and training services to the adoptive parents.
The court can also require the adoptive parents to pay for the legal fees of the biological parents,
and the child's guardian ad litem, and attorney.

Where is the Place of the Adoption Hearing?

The adoption hearing may take place in the county where (1) the adoptee's biological parents or
the adoptive parents reside, (2) the adoptee formerly lived, or (3) the child-placing agency that
has custody is located.

Who has Authority To Place Child?

Any organization, institution, or other entity, public or voluntary, which may receive or provide for
the care of children (supervised by the Department of Public Welfare) has authority to place a
child. An intermediary may act between the adoptive and natural parents to help arrange the
adoption. The intermediary must first file with the court (prior to the adoption) an affidavit
containing a statement of fees and expenses, extensive information concerning the child, and
other statutorily prescribed terms.

Are Relatives Subject to a Preadoption Report?

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

What Special Circumstances Might Exist?

There are several. For example, whenever possible, the adopting parent shall be of the same
religious faith as the natural parents of the adoptee.