What You Need to Know About the Adoption Process

A family law attorney can help you navigate the process of adopting a child, but here are some of the basics from the experienced adoption attorneys at Bingaman Hess. 

What is Adoption?

Adoption is the act of a person (typically an adult) formally becoming the legal guardian of another person (usually a child) and taking on all of the rights and responsibilities of a parent. The adopted person (adoptee) becomes the legal heir of the person who adopted them (adopter) and terminates any legal rights with the natural parents.

The adoption can be made through an agency – public or private - or through independent contact with the biological parents. 

There are two types of adoptions – open and closed. With a closed adoption, the birth parents and adoptive parents never meet or exchange information, and the birth parents relinquish all rights over the child. An open adoption allows the birth parents and the adoptive parents to have contact before and/or after the adoption and sometimes allows for visitation and contact rights.

While just a few decades ago, closed adoptions were more common, 90% of today’s adoptions are considered open adoptions. According to American Adoptions, the increased transparency, information, and communication of an open adoption is often beneficial to everyone.  

Every open adoption is different, ranging from semi-open to fully open. Information that may or may not be shared includes the first names of the birth and adoptive parents, the medical history of the birth parents, and contact information for birth and adoptive parents. Visits with the birth parents may or may not allowed in an open adoption. 

The U.S. Constitution does not give every citizen the right to adopt. Individual states can limit who is permitted to adopt. Pennsylvania - one of the least restrictive states when it comes to who can legally adopt - allows any person to adopt or be adopted. If the person being adopted is twelve or older, his or her consent is required for the adoption. In certain circumstances, a minor may even adopt another minor, which is most common when one sibling adopts another sibling. 

In the majority of adoptions in Pennsylvania, the birth parents must consent to the adoption unless it is determined that the birth parents are unable to care for the child properly. 

Adoption begins with the termination of the parental rights of the adoptee’s biological parents, which permanently ends all legal parental rights of the birth parent. This can be voluntary or involuntary. In Pennsylvania, if the birth mother voluntarily terminates her rights, she has thirty days to change her mind and take the child back.

If the biological parents do not want to terminate their parental rights, they have an opportunity to speak to the court, and the petitioner must provide evidence that the adoption is in the child’s best interest.

Once that the parental rights of the biological parents are terminated, the person who wants to adopt petitions the court to grant the adoption. They have to prove that they are suitable to become adoptive parents. The state adoption agency conducts an investigation and provides a report and recommendation to the court. 

These reports include detailed information, including the petitioner’s religious background, financial status, criminal history, moral fitness, and more. The court can accept or reject the agency’s recommendation.

There are many laws surrounding the adoption process, many decisions need to be made, and many legal documents that need to be created and signed. An attorney experienced in adoption law can help ensure that the process goes as quickly and as smoothly as possible.

Give us a call at 610.374.8377 or find us online to discover how the experienced and compassionate family law attorneys at Bingaman Hess can help.