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ADOPTION
Adult Seeking to Adopt Child Please contact Attorney Roy to discuss your particular situation and questions. Attorney Roy can advise you as to the steps involved in many types of adoption. Issues such as home studies, termination of parental rights, the use of an intermediary, the petitions and other paperwork, court hearings, procedures, and costs, will be discussed.
International Adoption Even if you have already adopted your child in another country, it is usually advisable to "re-adopt" your child in Pennsylvania . Adopting in Pennsylvania is one way to obtain a Pennsylvania birth certificate (the other way is through registering the foreign adoption - see below). Pennsylvania courts rarely deny the petitions. Adopting in Pennsylvania can provide greater protection of the parent-child relationship in the event of a later challenge by a birth parent. Attorney Roy can advise you as to the steps involved and the paperwork you will need to re-adopt.
Registering Foreign Adoptions Some clients prefer to register their foreign adoptions rather than to file a Petition for Adoption (re-adopt) in Pennsylvania. Registering the foreign adoption is another way to receive a Pennsylvania birth certificate; however, the result of registering is not a Pennsylvania adoption decree or the additional protection a decree could provide. See "International Adoption." In some situations re-adoption will be recommended instead of registering the foreign adoption decree. Attorney Roy will be glad to help you decide which approach is best for your situation. If registration is appropriate, she can help you.
Stepparent Seeking to Adopt Stepchild By stepparent adoption I am referring to the adoption of a minor child by the spouse of a legal parent. A stepparent is generally permitted to adopt a stepchild if the spouse consents, and if the rights of the natural parent are terminated. Termination of parental rights can be voluntary or involuntary. Voluntary termination can be accomplished by signing a consent form and seeking to have the consent confirmed by the Court. For involuntary termination of parental rights to take place, certain criteria must be proved and such cases require a through discussion and analysis of the facts by the attorney. Home studies are not required in stepparent adoptions. Attorney Roy would be glad to discuss with you the steps involved in the adoption of a minor child by a stepparent.
Second Parent Adoption (same sex couples) "Second parent adoption" is the adoption by the life partner of a lesbian or gay person who is a legal parent of the child. The legal parent may have given birth to the child (through artificial insemination with a known or unknown donor or during a previous marriage or otherwise) or the legal parent may have adopted the child (internationally or within the United States). Second parent adoption is important when the couple in a committed relationship wants the child to have the benefits of having two legal parents. Such benefits include the child's right to seek financial support from the adoptive parent, the possibility of receiving health insurance as the legal child of the adoptive parent, the right of the child to inherit from the "second parent," and others. Adoption will provide the "second parent" with rights to seek custody or visitation in the event of a separation or "break up" of the parents, as would be the case with heterosexual legal parents of a child. Since 2002 second parent adoptions are permitted in Pennsylvania, provided the trial court finds the adoption to be in the best interests of the child. See the Pennsylvania Supreme Court ruling in Adoption of RBF and RCF, 803 A.2d 1195 (Pa. 2002) for the case which established this principle. The trial court must at least grant a hearing on whether the adoption petition should be granted. Before 2002, courts sometimes denied such adoptions without a hearing. Attorney Roy represented same sex couples in successful second parent adoptions in numerous counties in Central Pennsylvania before the ruling in 2002 made such cases easier to win. She would be glad to meet with you to discuss the possibility of filing such an adoption case.
Adult Seeking to be Adopted If you are 18 years of age or older and would like to be adopted by a stepparent or other adult who is "like a parent" to you, and if that person wants to adopt you, adoption could be possible. In Pennsylvania, the court may grant an adoption of an adoptee who is over 18 years old without specifically terminating the parental rights of the natural parent. The decision is within the discretion of the Court. The court is not obligated to grant all such adoptions. The law in this area is evolving and no two cases are alike. Each case requires careful evaluation of the facts by the attorney and a weighing of the pros and cons of filing a Petition to Adopt. Attorney Roy would be glad to work with you to advise you as to your options and to discuss your likelihood of success.
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