How Does Stepparent Adoption Work in Pennsylvania?

Bolkovac Law

Oct 12

5 min read

In Pennsylvania, a stepparent adopts a spouse's child by filing an adoption petition in the county Court of Common Pleas after the other biological parent's rights are ended, either through that parent's written consent or through an involuntary termination of parental rights. Under 23 Pa.C.S. 2903, the stepparent's spouse does not give up anything: when a parent consents to adoption by their spouse, the parent-child relationship "shall remain whether or not he is one of the petitioners."

If the other biological parent fights the termination, the child gets a lawyer of their own. Under 23 Pa.C.S. 2313(a), the court "shall appoint counsel to represent the child" in an involuntary termination proceeding contested by one or both parents, and in In re Adoption of L.B.M., decided March 28, 2017, the Pennsylvania Supreme Court held that failing to appoint that counsel is structural error that is not subject to harmless error analysis. A guardian ad litem does not automatically satisfy the requirement. This post covers the consent path, the termination path, what the court weighs, the paperwork stepparent adoptions can skip, and what changes legally once the adoption is final.

What Is a Stepparent Adoption?

A stepparent adoption is an adoption in which a person legally adopts the child of their spouse, so the child has two legal parents: the spouse and the new adoptive stepparent. The biological parent who is not married to the stepparent loses their parental rights, and the stepparent takes their place in the eyes of the law.

That swap is why every stepparent adoption starts with the other biological parent, whose rights must end before the adoption can be granted.

Path One: The Other Parent Consents

The simplest route is consent. Under 23 Pa.C.S. 2711(a), an adoption requires the consent of:

The child, if over 12 years of age
The spouse of the adopting parent, unless the spouse joins in the petition
The parents of a child under 18

In a stepparent adoption, the other biological parent signs a consent to the adoption, and the custodial parent signs as the adopting stepparent's spouse or joins the petition. Section 2711 also includes rules on when a consent becomes irrevocable and how a consent can be challenged for fraud or duress, so consents should be prepared carefully.

The consent path avoids a contested termination hearing, which usually makes it the faster route when the other parent is willing to sign.

Path Two: Involuntary Termination of Parental Rights

When the other parent will not consent, the custodial parent can petition to involuntarily terminate that parent's rights. Under 23 Pa.C.S. 2512(a)(1), either parent may file when termination is sought with respect to the other parent.

A key ground in stepparent cases is 23 Pa.C.S. 2511(a)(1): the parent, by conduct continuing for at least six months immediately before the petition was filed, "has evidenced a settled purpose of relinquishing parental claim to a child or has refused or failed to perform parental duties."

Last-Minute Efforts Do Not Count

Section 2511(b) adds a rule that matters in real cases. 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." A parent who shows up with birthday gifts and phone calls only after being served cannot use those new efforts to defeat the petition.

The Child's Needs Come First

Even if a ground is proven, 2511(b) directs the court to weigh "the developmental, physical and emotional needs and welfare of the child." Evidence about the child's bond with the stepparent, stability at home and relationship with the absent parent all feed into that analysis.

Termination petitions filed by a parent are generally tied to a planned adoption. That is why termination and the stepparent's adoption petition usually move together.

What Paperwork Do Stepparent Adoptions Skip?

Stepparent adoptions skip at least one step that many other adoptions require: the report of intention to adopt.

Under 23 Pa.C.S. 2531(a), a person who receives custody of a child with the intention of adopting must report that to the court. Section 2531(c) removes that requirement when the child is the adopting person's child, grandchild, stepchild, sibling, niece or nephew. A stepparent does not file the report.

The adoption itself still goes through the Court of Common Pleas, with a petition, the required consents or termination decree, and a final hearing where the judge confirms the adoption serves the child's welfare.

What Changes After a Stepparent Adoption Is Final?

Once the adoption decree is entered:

The child gains "all the rights of a child and heir" of the adoptive stepparent under 23 Pa.C.S. 2902(a), including inheritance rights
The other biological parent, whose rights were terminated, no longer has the right to object to or receive notice of the adoption under 23 Pa.C.S. 2521
The custodial parent's relationship with the child continues unchanged under 23 Pa.C.S. 2903
The decree can give the child the adoptive parent's surname and any chosen first or middle names under 23 Pa.C.S. 2904

For the adoptive stepparent, this also means a lasting financial duty to the child. Support is calculated the same way it is for any parent, as covered in our post on how child support is calculated in Pennsylvania.

What If the Marriage Ends Later?

An adoption does not end if the marriage does. The adoptive stepparent remains the child's legal parent after a divorce, with custody rights and support duties. Custody would then be decided like any other case between two parents, using the factors described in our post on what determines child custody in Pennsylvania. If you are facing a divorce at the same time, see how to file for divorce in Westmoreland County.

Grandparents on the side of the parent whose rights were terminated can also be affected. Our post on grandparent custody rights in Pennsylvania explains how their standing works.

FAQ

Can a stepparent adopt without the biological father's consent in Pennsylvania?

Yes, if the court involuntarily terminates the father's parental rights. One ground is at least six months of conduct showing a settled purpose to give up parental claim or a failure to perform parental duties, under 23 Pa.C.S. 2511(a)(1).

Does the custodial parent have to give up their rights?

No. Under 23 Pa.C.S. 2903, the parent-child relationship between the custodial parent and the child remains when that parent consents to adoption by their spouse.

Does my stepchild have to agree?

A child over 12 must consent under 23 Pa.C.S. 2711(a).

Does the child get a lawyer?

If the other parent contests an involuntary termination, yes. Section 2313(a) requires the court to appoint counsel for the child, and In re Adoption of L.B.M. (2017) held that failing to do so is structural error.

Do we need a report of intention to adopt?

No. Section 2531(c) exempts stepchildren from the report requirement.

Can the adoption change my child's last name?

Yes. Under 23 Pa.C.S. 2904, the adoption decree can provide that the child takes the adoptive parent's surname, along with any first or middle names chosen.

Talk to Bolkovac Law Offices About a Stepparent Adoption

Bolkovac Law Offices helps families through stepparent, relative and other adoptions across Western Pennsylvania. Attorney Elizabeth J. McCall has practiced law in Pennsylvania since 2000, spent several years as a child advocate attorney and has handled family law cases in Westmoreland County for the past 20 years. The firm has offices in Greensburg, Indiana, Murrysville and Uniontown and offers free telephone consultations. Learn more about our adoption services and how the adoption process works with our firm.

Visit Bolkovac Law Offices or call 724-837-2626 today. Contact us for more information.

The information in this article is for general information purposes only and should not be taken as legal advice for any individual case or situation. Reading this article does not create an attorney-client relationship. Every case is different and outcomes depend on the specific facts involved. To discuss your situation, contact Bolkovac Law Offices at 724-837-2626.