How Does My Fiance Adopt My Child if the Biological Father Abandoned the Child?
Full Question:
Answer:
Before a child may be adopted, the biological parents must either relinquish rights to the child or have parental rights terminated by the court. Adoption is a complex process, but it follows a fairly predictable sequence of events. Generally, a petition for adoption is filed and then a hearing is held. I suggest you contact a local adoption attorney who can review all the facts and documents involved.
Please see the following PA statutes:
23 Pa.C.S.A. § 2502. Relinquishment to adult intending to adopt child
(a) Petition. — When any child under the age of 18 years has been for a
minimum period of three days in the exclusive care of an adult or adults
who have filed a report of intention to adopt required by section 2531
(relating to report of intention to adopt), the parent or parents of the
child may petition the court for permission to relinquish forever all
parental rights to their child.
(b) Consents. — The written consent of a parent or guardian of a
petitioner who has not reached 18 years of age shall not be required. The
adult or adults having care of the child shall file a separate consent to
accept custody of the child.
23 Pa.C.S.A. § 2511. Grounds for involuntary termination
(a) General rule. — The rights of a parent in regard to a child may be
terminated after a petition filed on any of the following grounds:
(1) The parent by conduct continuing for a period of at least six
months immediately preceding the filing of the petition either has
evidenced a settled purpose of relinquishing parental claim to a child or
has refused or failed to perform parental duties.
(2) The repeated and continued incapacity, abuse, neglect or refusal of
the parent has caused the child to be without essential parental care,
control or subsistence necessary for his physical or mental well-being
and the conditions and causes of the incapacity, abuse, neglect or
refusal cannot or will not be remedied by the parent.
(3) The parent is the presumptive but not the natural father of the
child.
(4) The child is in the custody of an agency, having been found under
such circumstances that the identity or whereabouts of the parent is
unknown and cannot be ascertained by diligent search and the parent does
not claim the child within three months after the child is found.
(5) The child has been removed from the care of the parent by the court
or under a voluntary agreement with an agency for a period of at least
six months, the conditions which led to the removal or placement of the
child continue to exist, the parent cannot or will not remedy those
conditions within a reasonable period of time, the services or assistance
reasonably available to the parent are not likely to remedy the
conditions which led to the removal or placement of the child within a
reasonable period of time and termination of the parental rights would
best serve the needs and welfare of the child.
(6) In the case of a newborn child, the parent knows or has reason to
know of the child's birth, does not reside with the child, has not
married the child's other parent, has failed for a period of four months
immediately preceding the filing of the petition to make reasonable
efforts to maintain substantial and continuing contact with the child and
has failed during the same four-month period to provide substantial
financial support for the child.
(7) The parent is the father of a child conceived as a result of a rape
or incest.
(8) The child has been removed from the care of the parent by the court
or under a voluntary agreement with an agency, 12 months or more have
elapsed from the date of removal or placement, the conditions which led
to the removal or placement of the child continue to exist and
termination of parental rights would best serve the needs and welfare of
the child.
(9) The parent has been convicted of one of the following in which the
victim was a child of the parent:
(i) an offense under 18 Pa.C.S. Ch. 25 (relating to criminal
homicide);
(ii) a felony under 18 Pa.C.S. § 2702 (relating to aggravated
assault);
(iii) an offense in another jurisdiction equivalent to an offense in
subparagraph (i) or (ii); or
(iv) an attempt, solicitation or conspiracy to commit an offense in
subparagraph (i), (ii) or (iii).
(b) Other considerations. — The court in terminating the rights of a
parent shall give primary consideration to the developmental, physical and
emotional needs and welfare of the child. The rights of a parent shall
not be terminated solely on the basis of environmental factors such as
inadequate housing, furnishings, income, clothing and medical care if
found to be beyond the control of the parent. With respect to any
petition filed pursuant to subsection (a)(1), (6) or (8), the court shall
not consider any efforts by the parent to remedy the conditions described
therein which are first initiated subsequent to the giving of notice of
the filing of the petition.
(c) Right to file personal and medical history information. — At the
time the decree of termination is transmitted to the parent whose rights
have been terminated, the court shall advise the parent, in writing, of
his or her continuing right to place and update personal and medical
history information, whether or not the medical condition is in existence
or discoverable at the time of adoption, on file with the court and with
the Department of Public Welfare pursuant to section 2905(d) (relating to
impounding of proceedings and access to records).
