Pennsylvania Adoption Procedure

Before an adoption can take place, the rights of that child's Natural
Parents must be terminated voluntarily or involuntarily. Then, once a child
is adopted, the adoptive parent has all of the rights and responsibilities of
a natural parent. Likewise, the adopted child acquires all of the rights and
responsibilities of a natural child of the adoptive parent.

In terms of the Petition for Adoption and the Parties who may proceed in
an adoption, there is statutory authority that governs. It is always best to
consult with an experienced family law attorney, who utilizes much more
than the following information (such as caselaw, statutory law, and other
resources to provide legal advice) in evaluating each case.

§ 2711. Consents necessary to adoption.

(a) General Rule.--Except as otherwise provided in this part, consent to an
adoption shall be required of the following:

The adoptee, if over 12 years of age.
The spouse of the adopting parent, unless they join in the adoption petition.
The parents or surviving parent of an adoptee who has not reached the age
of 18 years.
The guardian of an incapacitated adoptee.
The guardian of the person of an adoptee under the age of 18 years, if any
there be, or of the person or persons having the custody of the adoptee, if
any such person can be found, whenever the adoptee has no parent
whose consent is required.

(b) Husband of natural mother.--The consent of the husband of the mother
shall not be necessary if, after notice to the husband, it is proved to the
satisfaction of the court by evidence, including testimony of the natural
mother, that the husband of the natural mother is not the natural father of
the child. Absent such proof, the consent of a former husband of the
natural mother shall be required if he was the husband of the natural
mother at any time within one year prior to the birth of the adoptee.

(c) Validity of consent.--No consent shall be valid if it was executed prior to
or within 72 hours after the birth of the child. A putative father may execute
a consent at any time after receiving notice of the expected or actual birth of
the child. Any consent given outside this Commonwealth shall be valid for
purposes of this section if it was given in accordance with the laws of the
jurisdiction where it was executed. A consent to an adoption may only be
revoked prior to the earlier of either the entry of a decree of termination of
parental rights or the entry of a decree of adoption. The revocation of a
consent shall be in writing and shall be served upon the agency or adult to
whom the child was relinquished.

(d) Contents of consent.--
The consent of a parent of an adoptee under 18 years of age shall set forth
the name, age and marital status of the parent, the relationship of the
consenter to the child, the name of the other parent or parents of the child
and the following:

I hereby voluntarily and unconditionally consent to the adoption of the
above named child.
I understand that by signing this consent I indicate my intent to
permanently give up all rights to this child.
I understand such child will be placed for adoption.
I understand I may revoke this consent to permanently give up all rights to
this child by placing the revocation in writing and serving it upon the
agency or adult to whom the child was relinquished.
I understand I may not revoke this consent after a court has entered a
decree confirming this consent or otherwise terminating my parental rights
to this child. Even if a decree has not been entered terminating my parental
rights I may not revoke this consent after a decree of adoption of this child
is entered.
I have read and understand the above and I am signing it as a free and
voluntary act.

The consent shall include the date and place of its execution and names
and addresses and signatures of at least two persons who witnessed its execution
and their relationship to the consenter.

§ 2712. Consents not naming adopting parents.

A consent to a proposed adoption meeting all the requirements of this part but which does
not name or otherwise identify the adopting parent or parents shall be valid if it contains a
statement that it is voluntarily executed without disclosure of the name or other
identification of the adopting parent or parents.

§ 2713. When other consents not required.

The court, in its discretion, may dispense with consents other than that of the adoptee to a
petition for adoption when:

the adoptee is over 18 years of age; or
the adoptee is under 18 years of age and has no parent living whose consent is required.

§ 2714. When consent of parent not required.

Consent of a parent to adoption shall not be required if a decree of termination with regard
to such parent has been entered. When parental rights have not previously been
terminated, the court may find that consent of a parent of the adoptee is not required if,
after notice and hearing as prescribed in section 2513 (relating to hearing), the court finds
that grounds exist for involuntary termination under section 2511 (relating to grounds for
involuntary termination).

§ 2721. Notice of hearing.

The court shall fix a time and place for hearing. Notice of the hearing shall be given to all
persons whose consents are required and to such other persons as the court shall direct.
Notice to the parent or parents of the adoptee, if required, may be given by the
intermediary or someone acting on his behalf. Notice shall be by personal service or by
registered mail to the last known address of the person to be notified or in such other
manner as the court shall direct.

§ 2722. Place of hearing.

The hearing shall be private or in open court as the court deems appropriate.

§ 2723. Attendance at hearing.

The adopting parent or parents and the adoptee must appear at and, if required, testify at
the hearing under oath unless the court determines their presence is unnecessary. In
addition, the court may require the appearance and testimony of all persons whose
consents are required by this part and representatives of agencies or individuals who have
acted as an intermediary if their appearance or testimony would be necessary or helpful to
the court.

§ 2724. Testimony and investigation.

(a) Testimony.--The court shall hear testimony in support of the petition and such additional
testimony as it deems necessary to inform it as to the desirability of the proposed adoption.
It shall require a disclosure of all moneys and consideration paid or to be paid to any
person or institution in connection with the adoption.

(b) Investigation.--The court may request that an investigation be made by a person or
public agency or, with its consent, a voluntary agency, specifically designated by the court
to verify the statements of the petition and such other facts that will give the court full
knowledge of the desirability of the proposed adoption, or the court may rely in whole or
in part upon a report earlier made under section 2535 (relating to investigation). In any
case, the age, sex, health, social and economic status or racial, ethnic or religious
background of the child or adopting parents shall not preclude an adoption but the court
shall decide its desirability on the basis of the physical, mental and emotional needs and
welfare of the child.

(c) Payment of investigation costs.--The court may establish a procedure for the payment of
investigation costs by the petitioners or by such other persons as the court may direct.

§ 2725. Religious belief.

The intermediary may honor the preference of the natural parents as to the religious faith in
which the adoptive parents intend to rear the adopted child. No person shall be denied the
benefits of this part because of a religious belief in the use of spiritual means or prayer for
healing.

Regarding Decrees:

§ 2901. Time of entry of decree of adoption.

Unless the court for cause shown determines otherwise, no decree of adoption shall be
entered unless the natural parent or parents' rights have been terminated, the investigation
required be section 2535 (relating to investigation) and all other legal requirements have
been met. If all legal requirements have been met, the court may enter a decree of adoption
at any time.

§ 2902. Requirements and form of decree of adoption.

(a) General rule. If satisfied that the statements made in the petition are true, that the needs
and welfare of the person proposed to be adopted will be promoted by the adoption and
that all requirements of this part have been met, the court shall enter a decree so finding
and directing that the person proposed to be adopted shall have all the rights of a child and
heir of the adopting parent or parents and shall be subject to the duties of a child to him or
them.

(b) Withdrawal or dismissal of petition. In any case in which the petition is withdrawn or
dismissed, the court shall enter an appropriate order in regard to the custody of the child.

§ 2903. Retention of parental status

Whenever a parent consents to the adoption of his child by his spouse, the parent-child
relationship between him and his child shall remain whether or not he is one of the
petitioners of the adoption proceeding.

§ 2904 Name of adoptee

If requested by the petitioners, the decree may provide that the adoptee shall assume the
name of the adopting parent or parents and any given first or middle names that may be
chosen.

§ 2905. Impounding of proceedings, and access to records

(a) General Rule.-- All petitions, exhibits, reports, notes of testimony, decrees, and other
papers pertaining to any proceeding under this part or former statutes relating to adoption
shall be kept in the files of the courts as a permanent record thereof and withheld from
inspection except on an order of court granted upon cause shown or except as otherwise
provided in this section. Any report required to be filed under section 2530 (relating to
home study and pre-placement report), 2531 (relating to report of intention to adopt) and
2535(relating to investigation) shall be made available to parties to an adoption proceeding
only after all identifying names and addresses in the report have been extirpated by the
court.

(b) Petition to court for limited information.--Upon petition by any adoptee at least 18 years
of age or older, if less than 18, his adoptive parent or legal guardian to the court in the
judicial district in which the permanent records relating to the adoption have been
impounded, the court shall furnish to the adoptee as much information concerning the
adoptee's natural parents as will not endanger the anonymity of the natural parents. The
information shall first be reviewed, in camera, by the court, to insure that no information is
revealed which would endanger the anonymity of the natural parents. The court shall, upon
motion of the adoptee, examine the entire record to determine if any additional information
can safely be revealed without endangering the anonymity of the natural parents.

(c) Access to identity of natural parents.--
Upon petition of an adoptee at least 18 years of age or, if less than 18, his adoptive parent
or legal guardian, the court may also, through its designated agency, attempt to contact the
natural parents, if known to obtain their consent to release their identity and present place
of residence to the adoptee. The petition may state the reasons why the adoptee desires
contact with his natural parents, which reasons shall be disclosed to the natural parents if
contacted. However, the court and its agents shall take care that none but the natural
parents themselves are informed of the adoptee's existence and relationship to them. The
court may refuse to contact the natural parents if it believes that, under the circumstances,
there would be a substantial risk that persons other than the natural parents would learn of
the adoptee's existence and relationship to the natural parents. The court shall appoint
either the county children and youth agency, or a private agency which provides adoption
services in accordance with standards established by the Department of Public Welfare, to
contact the natural parents as its designated agent.
In addition to petitioning the court to contact the natural parents, an adoptee at least 18
years of age or, if less than 18, his adoptive parents or guardian, may request the agency
that placed the adoptee to contact his natural parents. If the agency agrees to attempt to
contact his natural parents, it shall do so pursuant to the same safeguards provided for
court inquiries in paragraph (1).
If the court or an agency contacts the natural parents of an adoptee pursuant to a petition or
request made under paragraph (1) or (2), except as hereinafter provided, information
relating to both natural parents shall only be disclosed to the adoptee if both natural
parents agree to the disclosure. If both of the natural parents are deceased, their identities
may be disclosed. If one parent is deceased, his or her identities may be disclosed. If only
one parent agrees to the disclosure, then only the information relating to the agreeing
parent shall be disclosed.
The Department of Public Welfare may, by regulation, prescribe procedures related to
contact of natural parents by designated agents of the court.

(d) Disclosure of information.--
No disclosure of information shall be made by the court, an agency, the Department of
Health, or any other Common wealth agency regarding the adopted person's original
certificate of birth or regarding the documents of proof on which the amended certificate of
birth is based or relating in any way to the natural parents unless the disclosure is made
pursuant to the provisions of this section.
Notwithstanding any other provision in this section to the contrary, the natural parents may,
at the time of the termination of their parental rights pursuant to Chapter 25 (relating to
proceedings prior to petition to adopt) or at any time thereafter, place on file, with the court
and with the Department of Health, a consent form granting permission for the court or the
department to disclose the information contained in the adoptee's original certificate of
birth, or any other identifying or non-identifying information pertaining to the natural
parents, at any time after the adoptee attains the age of 18, or, if less than 18, to his
adoptive parent or legal guardian. If both parents give their consent, the information on the
birth certificate may be disclosed. If only one parent gives consent, only the identity of the
consenting parent shall be disclosed. The natural parents shall be entitled to update those
records, as necessary, to reflect the natural parent's current address or any other
information pertaining to the natural parents. The information may only be disclosed upon
the request of the adoptee or his adoptive parent or legal guardian, and the consent of the
natural parents may be withdrawn at any time by filing a withdrawal of consent form with
the court and the department. The department shall prescribe by regulation the procedure
and forms to be utilized for the giving, updating, and withdrawal of the consent.
An adoptee at least 18 years of age or, if less than 18 years of age, the parent or legal
guardian of the adoptee shall have access to any original or updated medical history
information on file with the court which entered the decree of termination or the
Department of Public Welfare. No medical history information shall be released which
would endanger the anonymity of the natural parents.

§ 2906. Docket entries

Upon the filing of any decree under this part, the clerk shall enter on the docket an entry
showing the date of the decree. Information identifying the natural parents shall not be
entered on the docket.

§ 2907. Certificate of adoption

The clerk shall issue to the adopting parent or parents a certificate reciting that the court
has granted the adoption. The certificate shall not disclose the name of any natural parent
or the original name of the person adopted. The certificate shall be accepted in any legal
proceedings in this Common wealth as evidence of the fact that the adoption has been
granted.

§ 2908. Foreign decree of adoption

When a decree of adoption of a minor is made or entered in conformity with the laws of
another state or a foreign country whereby a child is adopted by a resident of this Common
wealth, a copy of the final decree, properly authenticated, may be filed with the clerk in the
county of residence of the adopting parents. The decree and such other documents as may
be filed therewith shall be kept in the files of the court as a permanent record thereof and
shall be withheld from inspection except on order of court granted upon cause shown.
Upon the filing of a foreign decree of adoption, the clerk shall enter upon the docket an
entry showing the foreign court, identification of the proceedings therein, and the date of
the decree. Information identifying the natural parents shall not be required.

§ 2909. Medical history information

(a) Delivery of information.--Prior to the finalization of an adoption, medical history
information shall, where practicable, be delivered by the attending physician or other
designated person to the intermediary who shall deliver such information to the adopting
parents or their physician. In cases where there is no intermediary, medical history
information shall be delivered directly to the adopting parents or their physician.

(b) Editing of information.--Except as provided in section 2905, medical history information
shall be edited before delivery or release by the Department of Public Welfare so as to
remove any contents which would identify the adoptee's natural family.

(c) Availability of information forms.--The Department of Public Welfare shall, upon
request, make available to courts, adoption agencies, and individuals medical history
information forms that enable parents whose rights have been terminated to register and
update medical history information with the Department of Public Welfare and with the
court which entered the decree of termination.

(d) Regulations.--The Department of Public Welfare shall, in consultation with the
Department of Health, prescribe by regulation the procedure to be utilized and to develop
the content of medical history information forms.

§ 2910 Penalty for unauthorized disclosure

Any officer or employee of the court, other than a judge thereof, the Department of Health,
the Department of Public Welfare, or any agency who willfully discloses impounded or
otherwise confidential information relating to an adoption, other than as expressly
authorized and provided in this chapter, commits a misdemeanor of the third degree.