In Pennsylvania, adoption is a legally defined process that ends the legal relationship between a child and their biological parents and creates a new parent-child relationship with the adoptive parents.
- Once the court finalizes the adoption, the child is issued a new birth certificate, and original records are sealed. (However, adopted children retain access to medical and social background information about their biological parents.)
- The procedure is governed by numerous formal requirements ensuring due process for birth parents, as well as safeguards to prevent unethical practices such as “baby selling.”
- While payment of certain pregnancy-related costs is generally allowed, direct payment for the child (“baby selling”) is strictly prohibited.
- Adoptions may be facilitated through public or private agencies or arranged privately.
Legal Effects of Adoption:
- After adoption, the adoptive parents assume all rights and responsibilities as if they were biological parents. Correspondingly, the adopted child gains reciprocal rights and responsibilities toward the new parents.
- With the agreement of both parties and court approval, an adoptive parent and a birth relative may establish a written agreement allowing ongoing contact between the child and that birth relative, or between the adoptive parent and the birth relative. If the child is 12 or older, their consent is also required.
Termination of Parental Rights:
Before an adoption can occur, the legal rights of the biological parents must be terminated, either voluntarily or involuntarily.
- Voluntary Termination of Parental Rights:
(1) This involves the birth parents voluntarily relinquishing their rights and consenting to the adoption by the new parents.
(2) Specific procedural measures ensure this decision is truly voluntary and that any potential father is properly notified before the adoption proceeds.
It’s important to note that parental rights cannot be ended based solely on environmental factors beyond the parent’s control, such as inadequate housing, low income, or lack of certain resources.
Procedure for Terminating Parental Rights:
Terminating parental rights is a serious measure requiring two steps:
- The petitioner must present clear and convincing evidence of at least one legally recognized ground for termination.
- The petitioner must show that this action serves the child’s best interests.
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