Keith Mack
Adoption in Pennsylvania can be a complicated process, and it is important to be aware of the applicable laws and how they may affect your adoption. Pennsylvania has numerous agencies licensed to provide quality adoption services, and an approved family profile is used by the agency to share information about the family with agencies responsible for waiting children. The Pennsylvania Department of Human Services (DHS) complies with Federal civil rights laws and does not discriminate on the basis of race, colour, national origin, age, disability, or sex. The DHS also operates an adoption information registry, known as PAIR, for obtaining identifying and non-identifying information. Pennsylvania law defines a “non-certified copy of original birth record” as a “summary” of the original record, and includes “only the names and ages of the birth parents, the date and county of birth of the child, and the name given to the child at birth”. In 2010, Act 101 of Pennsylvania's Adoption Law was enacted, providing an option for adoptive parents and birth relatives to enter into a voluntary agreement for ongoing communication or contact.
| Characteristics | Values |
|---|---|
| Adoption Terminology | Open Adoption, Placement, Waiting Children, Child Profile, Child Specific Recruitment, Closed Adoption, Dependent Child, Family Profile, Pre-adoptive Family, Post-Permanency Services |
| Adoption Process | Selection of an Agency, Application Submission, Orientation Session, Family Profile Creation, Matching Process, Meeting the Child, Court Hearing, Finalization |
| Adoption Laws | Stepparent Adoption, Termination of Parental Rights, Preparation and Filing of Documents, Court Procedures, Change of Civil Status, Name Change, Certificate of Adoption, Foreign Decree of Adoption, Compromised State, Descendant Rights, Information Registry |
| Adoption Requirements | Background Checks, Home Study, Criminal Background Checks, Fingerprinting, Interviews, Evaluations |
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What You'll Learn
Adoption terminology
Adoption is a legally recognised process that establishes a parent-child relationship between people who are not biologically related. The adoption process involves many steps, procedures, and stakeholders, each with their own terminology.
Adoptee
The child or person who is being adopted.
Adoption Agency
An agency licensed by the state to handle adoptions. A licensed adoption agency prepares adoptive parents, counsels birth parents, performs home studies, completes paperwork, places children in homes, and performs other adoption-related functions.
Adoption Agreement
The agreement between the adoptive parent(s) and the child's birth parent(s) that outlines the terms of the adoption, including the degree of future communication and contact.
Adoption Assistance
Resources for the adoption process, including state and federal tax credits, employer subsidies, and respite care.
Adoption Attorney
A lawyer who specialises in handling adoptions and can provide legal advice and guidance throughout the process.
Adoption Certificate/Adoption Decree
A legal document issued by the court upon finalisation of an adoption, certifying that the adoption is legal and the adoptee is the legal child of the adoptive parents.
Adoption Exchange
An organisation that assists in connecting children in need of homes with prospective adoptive parents. Adoption exchanges work closely with agencies that approve families for adoption and maintain resources such as websites featuring photolistings of children ready for adoption.
Open Adoption
An arrangement in which the adopted child maintains contact with and/or has knowledge of their birth family. This type of adoption allows for ongoing communication and is enforceable through the courts.
Closed Adoption
In contrast to an open adoption, a closed adoption is an arrangement where the adopted child has no contact with or knowledge of their birth family.
Placement
The physical relocation of a child into a pre-adoptive living situation. Placement without the termination of biological parental rights is referred to as a legal risk placement.
Pre-adoptive Family
A family selected by a county agency or court that intends to adopt a child and is awaiting finalisation of the adoption.
Post-Permanency Services
Also known as post-adoption services, these are services offered to support the child and family after the adoption has taken place. All adoptive families are eligible for these services, regardless of whether they adopted through the child welfare system or privately.
Child Profile
A comprehensive summary of the child's life history, which is created as part of the adoption process.
Family Profile (Home Study)
A document created through a series of meetings and information-sharing sessions between the prospective adoptive family and an adoption professional. The process includes home visits, background checks, and character references.
Waiting Children
Children who have not yet been placed with a pre-adoptive family and are awaiting adoption.
Positive Adoption Language
Using language that reflects a modern understanding of adoption and avoids negative connotations. For example, referring to biological parents as "birth parents" instead of "real parents" to avoid implying that biological connections are essential for parent-child relationships.
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Background checks
In Pennsylvania, prospective adoptive parents must undergo a background check before their adoption placement can be finalized. This includes a formal home study, criminal background checks, and fingerprinting. The home study involves interviews, background checks, and evaluations conducted by an adoption professional. The requirements of Pennsylvania's adoption laws vary depending on the type of adoption being pursued. For instance, a full home study investigation is mandated for anyone pursuing a private domestic infant adoption. Conversely, if a stepparent or relative is adopting a child, they typically do not need to complete the entire home study process.
The Family Profile, or Home Study, is a crucial aspect of the background check process. It entails a series of meetings between the prospective adoptive family and an adoption professional. These meetings serve to gather comprehensive information about the family, including their composition, background, and preferences for the child they wish to adopt. The profile is then used by the adoption agency to match children with suitable families.
Additionally, Pennsylvania's adoption laws protect the rights of all involved parties, including birth parents, adoptive parents, and the adopted child. For instance, Pennsylvania law allows adult adoptees to access their original birth records, while also respecting birth parents' rights to privacy by offering the option to redact their names from these records.
Furthermore, Pennsylvania's Department of Human Services operates the Pennsylvania Adoption Information Registry (PAIR), which facilitates the release of identifying and non-identifying information related to adoptions. This system ensures that all parties involved in the adoption process can access the information they need while maintaining confidentiality when necessary.
Prospective adoptive parents are advised to consult with an adoption lawyer and other adoption professionals to understand the specific background check requirements for their unique situation.
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Court procedures
When a placement is going well, a request is submitted to the court for a hearing. Several legal obligations must be addressed at this stage, including verifying that the child is legally free for adoption and that the agency with custody consents. The judge reviews information about the child and family and may approve the adoption.
Before finalization, prospective adoptive parents typically undergo background checks, including criminal history and child abuse record checks, as well as fingerprinting. The home study process involves interviews, background checks, and evaluations conducted by an adoption professional. This process can vary depending on the type of adoption, with private domestic infant adoptions requiring a full home study investigation, while stepparent or relative adoptions may be exempt from certain steps.
Pennsylvania law also addresses the confidentiality of adoption records. While court records were previously sealed and accessible only by court order, the legislature created a new process in 2010 that relies on an adoption information registry and confidential searches to determine if identifying information has been authorized for release. Adopted individuals aged 18 and over who are high school graduates can apply for a "summary" document containing birth information, with birth parents having the right to redact their names.
Additionally, Pennsylvania law allows for open adoptions, where the adopted child maintains contact or knowledge of the birth family. Act 101 of 2010 enables adoptive parents and birth relatives to enter into voluntary post-adoption contact agreements, which are enforceable through the courts. These agreements provide for ongoing communication or contact between the adoptive family and the birth family.
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Birth certificates
Adopting a child in Pennsylvania can be a complicated process. Prospective adoptive parents must undergo a background check, including a formal home study and criminal background checks, before their adoption placement can be finalised. The requirements of Pennsylvania's adoption laws vary depending on the type of adoption being pursued. For example, anyone pursuing a private domestic infant adoption will need to complete a full home study investigation. However, if a stepparent or relative is adopting a child, they usually will not need to complete the entire home study process.
The Pennsylvania Department of Human Services (DHS) oversees the adoption process in the state and works to ensure that the rights of all involved—the prospective birth parents, adoptive parents, and the adopted child—are protected. The DHS does not discriminate on the basis of race, colour, national origin, age, disability, or sex.
The DHS also operates an adoption information registry, known as PAIR, which provides identifying and non-identifying information. In 2010, the legislature repealed a provision that sealed court records, making them available only by court order. The current process relies on PAIR and confidential searches to determine if identifying information has been authorised for release.
Pennsylvania-born adopted individuals can apply for a "summary" document containing birth information, though birth parents have the right to redact their names from the document. This summary record is a "non-certified copy of the original birth record" and includes "only the names and ages of the birth parents, the date and county of birth of the child, and the name given to the child at birth." The minimum age to apply for this summary record is 18, but Pennsylvania also requires the adoptee to be a high school graduate, possess a GED, or be legally withdrawn from school if under 21 years old. Descendants of a deceased adopted person may also apply for the summary birth record in the same way and are subject to the same restrictions.
Additionally, under Pennsylvania law, any person born in the state who has been adopted under its laws or those of another state or territory of the United States can request an amended birth certificate. This amended certificate is based on proof of the new status and can be requested by the person themselves or their parent, guardian, or legal representative if the person has attained the age of majority and is not incompetent.
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Adoption agencies
Some agencies may invite prospective parents to attend an orientation session before completing the application. This orientation process is designed to set realistic expectations and educate families about the challenges of adopting a child from the foster care system. It is also an opportunity for families to gain insights and prepare themselves emotionally for the adoption journey ahead.
The next step is creating a Family Profile, which is a comprehensive document that results from a series of meetings between the prospective parents and an adoption professional. This process involves information sharing, home visits, and background checks, including criminal and child abuse history checks, and character references. The Family Profile is then used by the agency to match children and families, both through local recruitment efforts and the Pennsylvania Adoption Exchange (PAE).
When a county agency tentatively selects a family to adopt a child, they are given the opportunity to meet and spend time with the child to determine if the match is suitable for both parties. If the placement is positive, a request is submitted to the court for a hearing. At this stage, several legal obligations must be addressed, such as verifying that the child is legally free for adoption and ensuring that the agency with custody consents to the adoption.
Pennsylvania's adoption laws aim to protect the rights of all involved: prospective birth parents, adoptive parents, and the adopted child. These laws are subject to change through new legislation, higher court rulings, and other means. Therefore, it is essential for prospective parents to understand the legal requirements and consult with an experienced adoption attorney to navigate the complexities of the adoption process effectively.
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