In Pennsylvania, adoption is a legal process that terminates an existing parent-child relationship and creates a new one. Once finalized, the child is issued a new birth certificate, while the original records are sealed. However, adoptees may access medical and social information about their biological parents. The process involves strict procedural and substantive requirements to protect biological parents’ rights and prevent unethical practices like the sale of children. While expenses related to pregnancy may be covered, direct payment for the child is strictly prohibited. Adoptions can be facilitated by public or private agencies or arranged privately.

Legal Implications of Adoption

  • Adoptive parents gain full parental rights and responsibilities, just like biological parents, and the child has reciprocal rights and obligations toward them.
  • If all parties consent and the court approves, an agreement may be established to maintain contact between the child and birth relatives. If the child is 12 or older, their consent is also required.

Termination of Parental Rights

Before an adoption can proceed, the biological parents’ legal rights must be terminated, either voluntarily or involuntarily.

Voluntary Termination:

  • Birth parents can willingly surrender their rights and consent to the adoption.
  • Legal safeguards ensure the decision is voluntary, and putative fathers (those legally identified as potential fathers) must receive notice before the adoption is finalized.

Parental rights cannot be terminated solely due to circumstances beyond the parent’s control, such as financial hardship, inadequate housing, or medical care.

Process for Termination of Parental Rights

Since terminating parental rights is a significant legal action, the process consists of two key steps:

  1. The petitioner must present clear and convincing evidence that at least one legal ground for termination exists.
  2. The petitioner must demonstrate that terminating parental rights serves the child’s best interests.

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