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Adoption Updateby Rick Amrhein, EsquireAdoption in Pennsylvania just got quicker. The Commonwealth's Adoption Code provides for a 2 part, or bifurcated procedure. First. the birth parents must have their rights to the child terminated; and second, the adoptive parents are confirmed as the child's new legal parents. Anyone who has been involved in an adoption in Pennsylvania, whether as an adopting parent, grandparent, aunt, or uncle, knows how stressful the wait (i.e. delay) was to all involved. Until recently the birth parents, unless they were willing to come into court in person, could change their minds up to, and until, a judge confirmed their Consents. Because of the intricacies of the old law, the earliest that could happen was when the child was at least fifty three (53) days old. More commonly it would take 3-6 months of uncertainty because of notice requirements and scheduling. The new law, Act 21 of 2004, became effective May 24, 2004. It has reduced the wait to as little as thirty three (33) days. Under the new law a birth mother must wait until the baby is 3 days old to sign a Consent. That Consent becomes irrevocable in thirty (30) days without a formal court hearing. While a hearing to confirm the Consent is still required, it is usually a mere formality. Now there is no legal requirement to delay requesting a hearing until forty (40) days have lapsed since the Consents were signed. Furthermore, the new law provides an additional degree of certainty not available under the old. Consents have been subject to various challenges based on fraud or duress as reported in the news media. Those challenges must now be brought within sixty (60) days of the signing of the Consent, or within thirty (30) days of an adoption decree whichever is earlier. Pennsylvania used to have a reputation of being unfriendly to adoptive parents because of the extended uncertainty. That has now changed. While some other states may have somewhat more favorable laws, Pennsylvania's new law, which reduces the wait in most cases to one-third (1/3) the former waiting period, is substantially improved. Unfortunately, the biggest obstacle to adoption remains the lack of children available for adoption. Should you or a relative be fortunate enough to encounter a possible adoption situation, you can call us at Peacock Keller to bring that adoption to a legal conclusion more quickly than before. |
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