Join our newsletter.

How to Adopt a Stepchild in Pennsylvania

You’ve just gotten married. Your new spouse has kids from a previous marriage, but at this point, you think of them as your kids too.

Unfortunately, the law has other ideas, at least when it comes to child custody.

Unless you adopt your new stepson or stepdaughter, you have no

legal rights where they’re concerned. Under the law, it’s only biological parents who have these rights, including the freedom to make medical or legal decisions on the child’s behalf.

And if you and your new spouse divorce, issues like custody and visitation become trickier. You two might work out a visitation schedule and have a custody agreement, but they can alter it at any time without your say-so. But this isn’t an issue in situations where a stepparent legally adopts their stepchildren.

 

How to Adopt a Child in Pennsylvania

When most people think of adopting a child, they might think of working with an agency, or through the foster system.

But adoption is also the process by which stepparents can become legal parents to gain child custody. It requires the children’s other biological parent to be willing to give up their parental rights. They do this by signing an adoption surrender document before two witnesses and a notary. From there, you’ll need to file a petition for adoption.

But what if the biological parent won’t agree?

In cases where the biological parent won’t agree to the stepparent adopting a stepchild, the other can bring a suit to terminate their rights. Typically, these take the form of “abandonment” lawsuits, in which the plaintiff argues a parent has failed to support the child or stopped communicating with them.

But biological parents can also end biological rights if they show the other person is neglectful or an otherwise unfit parent.

If the other parent has been absent for a long time – say, if their whereabouts have been unclear for more than a year – it’s likely the court will grant the step-parent the right to adopt without the other biological parent’s say-so.

In Bucks County, most people who want to adopt a child will need to go through a background check. The county orphan’s court can tell you more.

If you’re a stepparent wondering how to adopt a child in PA, you can expect the process to work something like this:

  1. Getting the okay from the other biological parent to adopt. Again, you won’t need their consent if their legal rights have been terminated.
  2. If they refuse consent, you’ll need to go to court to show why the biological parent’s rights need to be terminated, either due to abandonment or neglect.
  3. Bring the court all of your documentation. You’ll need to show your relationship with your spouse and their child, your living situation and your financial status.
  4. In Pennsylvania, you’ll need the consent of the child to be adopted if they are over 12.
  5. File a petition with the court. If both biological parents agree with your request to adopt, they’ll also sign the petition.
  6. Attend any hearings as needed.

Should I have an attorney?

No matter if the other biological parent is consenting to the adoption, it’s a good idea to have an adoption attorney on your side.

And if you’d like to learn more about how to adopt a child in Pennsylvania, the child custody lawyers at Penglase & Benson can help.

Contact us today to schedule a consultation. Our attorneys look forward to helping you and your family take this important step.

Related News & Articles

If you are trying to negotiate your claim with the insurance company, then you may be wondering: Why does the settlement process have to be so difficult? Why is the insurance...

A single DUI arrest can follow you for years. It surfaces on background checks when you apply for a job, an apartment, or a professional license, long after you have paid...

Every year, thousands of Pennsylvania residents either file a complaint or defend themselves in Small Claims Court. Often called a Justice of the Peace, Small Claims Courts in Pennsylvania are disigned...

Are you facing the challenging crossroads of financial instability due to addiction and the burden of credit card debt? You’re not alone. This article is here to help you navigate the...

It’s a natural question to ask a Bucks County family law attorney: Will the amount of child support I need to pay ever change? And while the short answer is “Yes,”...

Relocating for work presents unique challenges, especially involving child support obligations. In today’s dynamic professional landscape, more individuals find themselves in situations where a move is necessary for career advancement. However,...

A heated argument or a momentary loss of control can escalate rapidly, leaving you facing the serious reality of the criminal justice system. When police respond to an incident, their priority...

Divorce is an arduous process, made even more difficult when children are involved. One of the key questions concerning children and divorce is “Who will get custody?” It’s likely to be...

You have a Will! Congratulations. You are in the minority in the United States. Some surveys show that only 39% of people in the United States have a Will. When we...

Bad things occasionally happen to good contract parties. Let’s assume you’ve done everything right in the negotiation process. You’ve been transparent about risk; honest about your capabilities; and pellucid in setting...