Pennsylvania Adoption Laws, Page 3

Who Must Consent to an Adoption

Statute: 23 Pa. § 2711
  • The parents or surviving parent
  • The guardian or custodian of an incapacitated adopted person
  • The husband or former husband of the natural mother, unless there is proof that he is not the natural father

Age When Consent of Adoptee is Considered or Required

Statute: 23 Pa. § 2711
  • A child 12 years of age or older must consent to the adoption.

When Parental Consent is not Needed

Statute: 23 Pa. §§ 2713; 2714; 2511

  • The adopted person is age 18 years or older, or has no living parent whose consent is required.
  • The parent of a newborn fails to maintain contact for 4 months.
  • The child was conceived as a result incest or rape by the father.
  • Parental rights have been terminated.
  • The mother's husband is not the natural father of the child.

When Consent Can Be Executed

Statute: 23 Pa. § 2711(c)

  • Consent may not be executed until at least 72 hours after the child's birth.
  • A putative father may execute consent at any time after receiving notice of the expected or actual birth of the child.

How Consent Must Be ExecutedStatute:

Statute: 23 Pa. §§ 2503-2504; 2711(d)

  • The birth parent must file a petition with the court requesting permission to relinquish his or her parental rights to the child.
  • Upon petition by an intermediary, or the adopting parent where there is no intermediary, the court shall hold a hearing to confirm consent.
  • The consent shall include the name, age, and marital status of the petitioner, the relationship of the consenter to the child, and the name of the other parent.
  • Consent shall also include the date and place of its execution, and the names, addresses, and signatures of at least two witnesses and their relationship to the consenter.

Revocation of Consent

Statute: 23 Pa. § 2711(c)

  • The birth or putative father's consent is irrevocable unless revoked within 30 days after the child’s birth or the execution of consent, whichever occurs later.
  • The birth mother's consent is irrevocable 30 days after execution.
  • A person may challenge the validity of a consent only by filing a petition alleging fraud or duress, within the earlier of:
  • 60 days after the birth of the child or the execution of consent, whichever is later
  • 30 days after entry of the adoption decree


Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

 

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