Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Adoption Questions & Answers
1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: Husband wants to adopt my son 13y. Father is in Mexico, he never met him/doesn't appear in birth cert what should I do?

I have never seen the father after my son was born (he didn't try to contact us, although I tried a couple of times to connect them, when my son was a baby and when my son was 2-3 years). He really doesn't care about my son and I don't think he will ever do it. I have never ask him... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 2, 2023

By law, the biological father must be notified that his rights will be terminated in order for your husband to adopt your son. However, if you truly don't know where he is, there are steps that can be taken to demonstrate this to the court without the need to hire an investigator. You should... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: I was seeking custody of granddaughter, paternal grandparents adopted her and my lawyer was not informed of this. In PA

Shouldn't my lawyer have been told about the adoption process and adoption?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 28, 2022

This is one of those questions that require too much decoding to properly answer. We do not know any of the procedural history of either the paternal grandparents or the maternal grandparents to opine on what one's lawyer should have known or not.

Ideally, the lawyer should have...
View More

1 Answer | Asked in Adoption, Child Custody, Criminal Law and Family Law for Pennsylvania on
Q: Can Clinical Child & Adolescent Psychologists Phd work in forensic evaluation in dependency court in Pennsylvania?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 31, 2023

This is a vague question about forensic expert witness output.

Just as in the 1992 motion picture "My Cousin Vinny" starring Joe Pesci and Marisa Tomei, expertise knows no geographical boundaries and is admissible as long as to is helpful.

In the motion picture, a...
View More

1 Answer | Asked in Adoption, Family Law and Civil Litigation for Pennsylvania on
Q: Can I sue my sperm donor clinic for child abuse and negligence? My abusive parents were not prescreened.

I was conceived from an anonymous sperm donor at the University of Penn Fertility Clinic in 1981. My parents both have mental illness from concussions. My mother keeps a dirty dusty house. My father is verbally abusive. If adoption agencies have to prescreen why wouldn’t sperm donor clinics have... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

It seems unlikely to me but this is not something I'm well-versd in. I suggest that you seek out an attorney who specializes in civil litigation. You might consider taking the time to do some research on the topic as well.

1 Answer | Asked in Adoption for Pennsylvania on
Q: My childrens father is deceased. How would my spouse go about adopting them?

Father passed away last year, my spouse wants to legally adopt them as they have been in my childrens life since day one and they know them as a parent. We would also like all of our last names to match. How would we get this done?

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 26, 2022

You can file for a stepparent adoption. You should consult with a local attorney familiar with adoption procedure in your county as, while the state rules are consistent, each county has it's own ways of doing things.

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: if adopted parents decided they don't want child no more can a relative adopt them

I'm teenagers aunt shes 15

Peter N. Munsing
Peter N. Munsing
answered on Oct 14, 2021

It is possible, if they are willing to relinquish their rights, but the parties really need an attorney--it's not d.i.y.

1 Answer | Asked in Adoption for Pennsylvania on
Q: My oldest son will be 16 and his biological dad was never involved since birth my fiancé wants to adopt can we do it

Since biological dad basically abandoned him can my fiancé adopt without biological dads consent

Peter N. Munsing
Peter N. Munsing
answered on Jun 17, 2021

I think someone --or you--asked this earlier. Short answer is that you would need to petition the court to extinguish that parent's rights. You could possibly fold the adoption and the removal of parental rights and responsibilities at the same time. You need to consult a family law attorney.

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: If my mother lost rights to a child & she got adopted is there anyway I can fight for her because I am her sister

I am now older & stable to take her of her

Peter N. Munsing
Peter N. Munsing
answered on Jun 11, 2021

If you mean the childrens older sister I don't see that. It's termination of parental rights, no sibling rights. You need to speak with a family law attorney.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: sons father is not listed on his birth certificate.married and my husband wants to adopt him. don't know who the dad is

My son's father is not listed on his birth certificate and my husband wants to adopt my son. I don't know who the father of my son actually is. What do i do to get him to adopt my son?

Peter N. Munsing
Peter N. Munsing
answered on Jun 4, 2021

You will need to hire an attorney, but it seems that what you would do is file a petition to extinguish the father's rights. The court will order that there be a publication in the legal notices, etc.

While it might be possible to get a court to treat your husband as a step parent,...
View More

1 Answer | Asked in Adoption for Pennsylvania on
Q: My son’s father hasn’t seen him in six years we live in Pa do I need his approval for husband to adopt him my son is 16
Timothy Kraeer
Timothy Kraeer
answered on Nov 29, 2020

In order for your husband to adopt your son, the biological father's rights must first be terminated, voluntarily or involuntarily. Obviously, if he is willing to relinquish his rights voluntarily, the process can go smoothly. If he won't do so voluntarily, more litigation would be... View More

1 Answer | Asked in Adoption for Pennsylvania on
Q: My daughters father is not listed on her birth certificate. I was just recently married and my husband wants to adopt.

My daughters father is minimally involved.

Timothy Kraeer
Timothy Kraeer
answered on Nov 17, 2020

Congratulations! Your husband cannot adopt unless the biological fathers rights are terminated either voluntarily or involuntarily. His name Does not have to be on the birth certificate. I hope that helps!

1 Answer | Asked in Family Law and Adoption for Pennsylvania on
Q: Can I legally use my birth name 20 years after an adoption?

I feel that my identity was ripped from me from the age of 5 when this happened (20 years ago). I have multiple birth certificates and a SS card with my brithname on it. Would it be legal to use or would I have to go through the name change process?

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 16, 2020

If you were adopted and your name was changed as a result of that adoption, you'll need to go through the name change process to change your name to your birth name.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: I have decided to sign over my parental rights as my son will be adopted by the mothers husband.

They have agreed to this. What is the best first step?

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 15, 2020

They'll need to file paperwork with their county's Orphans' Court. You will sign a very specific agreement to voluntarily terminate your parental rights. They really should retain an attorney experienced in adoptions to shepherd the case through the system.

1 Answer | Asked in Adoption and Child Custody for Pennsylvania on
Q: New husband filed for adoption. I have legal.

I filed for contempt, next day got a court date from a mutual party that her new husband is trying to adopt.

Cary B. Hall
Cary B. Hall
answered on Mar 6, 2020

And your question is?

If you have legal custody but have had no contact with your child for 6 or more months (continuously), then they may be also filing a petition to terminate your parental rights -- and usually this is done in conjunction with a step-parent's petition for adoption....
View More

1 Answer | Asked in Family Law, Adoption and Child Custody for Pennsylvania on
Q: How to go about getting custody of my nephew in Md. His parents are in jail and he's with children services we live in P
Penelope A. Boyd
Penelope A. Boyd
answered on Jan 13, 2020

You should consult with a Maryland attorney. Although you live in Pennsylvania, Jurisdiction over children is governed by the residence of the child. Presumably, an attorney who is familiar with practice where you nephew resides can help you. A lot will depend on the children's services... View More

1 Answer | Asked in Adoption for Pennsylvania on
Q: My daughter was adopted 3yrs ago I terminated my rights is there any way to get her back

I'm trying to find any lawyer that will give me so hope about this or tell me there is no way to do so

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 26, 2019

Under most circumstances, an adoption is final. I suggest that you gather all of you paperwork and then seek out the advice of an attorney who pretty mush specializes in adoptions. try doing an internet search for one in the Philadelphia area and then call to find out if he/she seems like one who... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Pennsylvania on
Q: My 18 year old daughter would like her stepfather to adopt her and be able to legally change her name to ours,

Her birth father has not really been in her life for 3-4 years. Would her biological father need to sign off any rights for her to legally be adopted now that she is an adult? We reside in PA.

Kathryn Hilbush
Kathryn Hilbush
answered on Nov 3, 2019

No, as an adult she does not need parental consent.

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: My sister and her husband returned their adopted daughter to children and youth services without notifying any family.

Several of us contacted children and youth services and expressed being kinship foster parents and kinship adoption as soon as we found out the child was placed into care. The caseworker is completely disregarding us as options even though we have had healthy, positive meaningful relationships... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 30, 2019

It sounds like the one among you who you believe has the best chance should hire an attorney and go from there.

1 Answer | Asked in Adoption for Pennsylvania on
Q: contested adoption who will the judge rule in favor of Foster parent or relative who has custody of all other sibling

Foster parent does not allow sibling visits and I have kinship of brother

Kathryn Hilbush
Kathryn Hilbush
answered on Sep 18, 2019

There are many factors involved in a contested adoption, each of which can sway the court one way or another. If you do not already have legal representation for this case, please retain an attorney experienced in adoptions asap.

1 Answer | Asked in Adoption for Pennsylvania on
Q: how hard would it be for a grandfather to adopt his grandson I had custody of him for about 4 years now and price range

grandsons mom and dad can't stay off drugs

Kathryn Hilbush
Kathryn Hilbush
answered on Aug 26, 2019

Without more information it's difficult to tell you how hard it would be. The costs of adoptions vary from county to county and lawyer to lawyer. Why not consult with an experienced family law attorney in your area to discuss the situation in more detail and get an idea of your options as well... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.