how to do a step parent adoption in pa without an attorney

by Liam Ankunding 7 min read

Submit a Stepparent Adoption Petition Once the noncustodial parent’s parental rights have been terminated, a petition is filed with the court for the stepchild adoption. In Pennsylvania, a stepparent is not required to submit to a home study or post-placement visits during or after the petition process.

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  1. Submit a Stepparent Adoption Petition. Once the noncustodial parent's parental rights have been terminated, a petition is filed with the court for the stepchild adoption. ...
  2. Attend Adoption Court Hearings. ...
  3. Finalize the Adoption. ...
  4. Apply for a New Birth Certificate.

Full Answer

Do I need a lawyer to adopt a stepchild in Pennsylvania?

Pennsylvania Adoption - $325. Now you can complete your stepparent adoption in Pennsylvania without having to pay high attorney fees. We make it possible to file and your own adoption. We never sell "automated" adoption forms, only documents prepared by …

How do I adopt a child without a parent in PA?

Oct 01, 2017 · A step parent can adopt the child with consent of their spouse and consent of the child (if the child is over the age of 12). An adopting step parent will be required to submit their criminal history if they have one and may potentially receive a home-visit from the county prior to the court’s approval of an adoption.

What are a stepparent’s legal rights after adoption?

Nov 01, 2018 · Although a stepparent adoption can be less complex than an adoption involving unrelated parties if all parties consent to the adoption, PA stepparent adoption still requires you to file petitions with the court and an adoption hearing is held. If the necessary provisions are not included in the petition, the adoption may not be permitted to proceed.

How long does a stepparent adoption take in Pennsylvania?

Submit a Stepparent Adoption Petition. Once the noncustodial parent’s parental rights have been terminated, a petition is filed with the court for the stepchild adoption. In Pennsylvania, a stepparent is not required to submit to a home study or post-placement visits during or after the petition process.

How much does it cost to adopt your spouse's child in PA?

The costs to adopt a stepchild in Pennsylvania average between $350 to $2,000 for an uncontested adoption depending on whether the family processes the required court documents themselves or hires an attorney. Hiring an attorney is not required to adopt a stepchild, yet is highly recommended.

Can my husband adopt my child without biological father's consent in PA?

It's not uncommon for people to ask us, “Can my husband adopt my child in Pennsylvania?” In most cases, the answer is yes. By completing the necessary legal steps of a stepparent adoption, you can grant your child's stepfather all the legal rights and responsibilities of parenting.

Can a child be adopted without the consent of both parents in PA?

Adoption without parental consent in Pennsylvania is possible, but not in all circumstances. Contact us 24/7 at 1-800-ADOPTION to discuss your situation for free with no obligation to choose adoption, and get answers to your questions now.

How can I adopt my stepchild?

If you want to adopt a stepchild, you must have the consent (or agreement) of both your spouse and the child's other parent (the noncustodial parent) unless that parent has abandoned the child. By giving his or her consent, the noncustodial parent gives up all rights and responsibilities, including child support.

How do I adopt my stepchild in PA?

Schedule a Case Evaluation TodaySubmit a Stepparent Adoption Petition. Once the noncustodial parent's parental rights have been terminated, a petition is filed with the court for the stepchild adoption. ... Attend Adoption Court Hearings. ... Finalize the Adoption. ... Apply for a New Birth Certificate.

How does a step parent adopt a child in Pennsylvania?

In Pennsylvania, you'll need the consent of the child to be adopted if they are over 12. File a petition with the court. If both biological parents agree with your request to adopt, they'll also sign the petition. Attend any hearings as needed.Jun 18, 2018

Is private adoption legal in Pennsylvania?

Pennsylvania is one of the least restrictive states on who may adopt. Pennsylvania adoption is generally open, and does not prohibit any adult from adopting.

Can a child be adopted without the father consent?

If a parent does not have Parental Responsibility (PR), the court is not required to have their consent before making an adoption order. However, if this parent has a close connection with their child, it is likely the court will want to find out their views, as well as the child's.

Can I get adopted without parental consent?

If a biological parent will not voluntarily consent to an adoption, in most cases, that biological parent's parental rights must be terminated by the court before the adoption may proceed.Apr 15, 2020

How do I get my step dad to adopt me?

For your step-dad to adopt you, you need to receive consent from your custodial parent (who is married to your step-dad) and non-custodial parent. Without parental consent, it is unlikely that the adoption can proceed – the rights of the biological parent supersede the rights of a step-parent.

How can a man adopt his wife child?

But if he is alive, he will be required to give his consent in the form of an affidavit or this clause should be mentioned in the consent terms signed at the time of divorce. Once that is done, you will be required to approach a lawyer who will draft an 'adoption deed.Feb 20, 2017

Can my husband adopt my son if the biological father is not on the birth certificate?

The biological father's consent is necessary even if he is not married to the mother. The law does not distinguish between married and unmarried parents on this point. It says that the written consent of the biological parents is indispensable for the validity of a decree of adoption.Feb 2, 2022

What is the documentation process for adopting a child in Pennsylvania?

This documentation is instrumental in proving a relationship between a stepparent and a stepchild and that a stepparent is truly ready to take on the responsibilities of adopting their stepchild.

What is the final step in adopting a stepchild?

The final step in how to adopt a stepchild is the finalization hearing, which you may or may not need to attend. If there was no preliminary hearing, a judge will ask certain questions about the adoption and the child will give their consent to be adopted, if applicable.

Do stepparents have to attend preliminary hearings?

Attend any necessary preliminary hearings. Once the petition is filed, your local court and your adoption attorney will work together to schedule any necessary hearings. All stepparent adoption processes require a finalization hearing, but certain adoptions may require an additional preliminary hearing, as well.

Do you need a home study for stepparent adoption in Pennsylvania?

A stepparent adoption in Pennsylvania does not require an adoption home study or any post-placement visits. However, another important part of the step-parent adoption process is obtaining adoption consents from the child’s other legal parent.

Can a child have 3 legal parents?

A child cannot have three legal parents, so while the spouse of the stepparent will retain their parental rights, a stepparent adoption must terminate the rights of the child’s noncustodial parent to be finalized. Your adoption attorney will work with you to complete this step, by either obtaining the noncustodial parent’s consent ...

Can step parents change their name after adoption?

After an adoption certificate is issued, stepparents can apply for a new birth certificate for the child, if desired. The Law Offices of Denise M. Bierly can help you obtain this document, which can change the child’s name and list the stepparent as his or her parent.

How long does it take to get a stepchild adoption certificate in Pennsylvania?

If everything goes through, the court will issue an adoption certificate for you and your stepchild that formalizes you as the child’s legal parent. Typically, the entire court process for stepchild adoption takes between 60 and 90 days in Pennsylvania.

What to do if you have concerns about adopting a stepchild?

If you have concerns about the adopting a stepchild, an experienced divorce attorney in your area may be able to help. Call or contact the Martin Law Firm today to discuss your legal options.

What is the next step in the adoption process?

The next step in the stepchild adoption process is attending any preliminary adoption court hearings on the case. Preliminary hearings may be scheduled by the family law judge to clarify or confirm details in the adoption petition, get consent of the stepchild if over the age of 12, and any other details that need to be handled prior to the finalization hearing.

What is parental consent?

Parental consent from the noncustodial parent includes a termination of their parental rights, which can be a tricky process if not handled properly. An attorney can ensure that this step is handled correctly so the adoption can continue.

What happens when a stepparent is terminated in Pennsylvania?

In Pennsylvania, a stepparent is not required to submit to a home study or post-placement visits during or after the petition process. This petition involves various forms, filing, and documentation that your lawyer will ensure is properly completed.

How many parents can an adoption have?

A child cannot have three legal parents, so the noncustodial parent must agree to give up their parental rights to the child. Parental consent from the noncustodial parent ...

How to change stepchild's name after adoption?

Apply for a New Birth Certificate. One last crucial step after the finalization of the adoption in family court is applying for a new birth certificate for the child. This application will change the name of the stepchild’s parent from the noncustodial parent to you and, if decided, legally change the last name of the child, as well.

What is the most common form of adoption?

Adopting a stepchild is the most common form of adoption. A stepparent who adopts agrees to become the legal parent and be fully responsible for his or her spouse's child. After the stepparent adoption occurs, the noncustodial parent (the parent not living with the child) no longer has any rights or responsibilities for the child, including child support.

How long does it take to get a preliminary hearing?

How long it takes to get a hearing varies based on where you live and how busy the court is. It may be anywhere from a few weeks to a few months. You may be notified of the date by mail or by your lawyer.You and your child will probably be required to go to this hearing. A judge (or magistrate) will ask questions of everyone involved. In addition, if your child is old enough to be required to give consent in your State, the judge or magistrate may ask the child to confirm that he or she agrees to the adoption. Your lawyer can give you more information about what happens during hearings in your area. At the end of this hearing, the judge or magistrate will set a date for the adoption to be finalized. In stepparent adoptions, this preliminary hearing often is waived.

What is the Child Welfare Information Gateway State website?

The Child Welfare Information Gateway State website provides an array of resources on the legal issues involved in all types of adoptions, including summaries of State laws. See the

Do step parents need a lawyer for adoption?

Most States make the adoption process easier for stepparents. For example, your family may not need to be represented by a lawyer. You may not be required to have a home study, as parents in other types of adoption are. However, every State is different. For example, many States require a criminal background check even if a home study is not required. Be sure to find out what the laws are in your State. For an overview of home study requirements, see Home Study Requirements for Prospective Parents in Domestic Adoption.

Can publishing companies sell legal forms?

Many States allow certain publishing companies tostock and sell legal forms to the public for court procedures. In other States, they are available online. These forms will ask questions about you and the child you want to adopt. For example, they may ask:

What happens if a stepparent is not involved in the adoption process?

When the non-custodial, biological parent does not stay involved in his/her child’s life, this often leads the step-parent (and child) to want to adopt. If the other biological parent is deceased or consents to the adoption, there is no legal barrier to prevent the adoption (assuming the other statutory requirements for adoption are met, ...

What happens when a step parent contests adoption?

When a step-parent is faced with a contest to the adoption by the bio parent, he or she must carefully understand the waiver exception to consent that applies (normally, this just makes the process more difficult —if an exception truly applies, and the adoption normally is granted).

Can a biological parent contest an adoption?

However, biological parent has the right to contest the adoption and be heard on consent. This is because a biological parent has a fundamental, constitutional right to raise his or her child that is ordinarily superior to any other person.

Is consent necessary for a bio parent?

There are four common situations where consent is not necessary. Any one eliminates the need for consent: The first is where the bio parent has gone a year without significantly communicating with the child without justifiable case—he or she just didn’t.

Can a step parent adopt without the consent of the biological parent?

There are several statutory provisions that allow a step-parent to file an adoption without the consent of the biological parent. 1 However, the biological parent must be given notice of the proposed adoption proceeding without his or her consent. There are four common situations where consent is not necessary.

Michael Alan Shorstein

No, you are not required to use a lawyer for a stepparent adoption. However, Florida adoption laws have changed almost every year with major changes occurring in 2008 and 2012.

Judy A. Goldstein

You can try to handle the adoption without an attorney but adoption laws in this country are generally complex and if you do not follow the law of your state to the letter, you could run into problems. You are always better off hiring a lawyer. More

Lawrence John Gibney Jr

You should definitely retain an attorney and I would agree that the $2,500 is a reasonable estimate. I would call two or three adoption attorneys and some attorney take payment plans and many law offices also accept credit cards. This type of case is one that you want to insure is done correctly. Best of luck to you.