Are you a candidate for Pennsylvania kinship adoption?

Kinship adoption is the legal process whereby a relative steps up to take legal and physical responsibility for a child whose birth parents cannot or will not. Generally, adoption is controlled by state law, though some federal laws and constitutional concepts apply. In Pennsylvania, a relative is defined as a parent, grandparent, stepparent, sibling, uncle or aunt of the child’s birth family, whether the relationship is by blood, marriage or adoption.

In many cases, this may be a grandparent or sibling, as they may have the closest emotional connection to the child. But persons further out on the branch of the family tree, such as second cousins or great aunts or uncles, even if the relationship is only by marriage, can qualify.

Crisis, often brought on by a parent’s addictions or violent behavior, may already have prompted Pennsylvania’s Child and Youth Services to step in to begin the process of locating relatives able to care for the child. It is also possible to consider and discuss kinship adoption prior to the birth of the child, though legal action is not possible until the child is born.

The court considers several factors when granting any adoption. Those factors include the age and health of the proposed adoptor, the financial and mental stability of the adoptor, the preexisting relationship of the adopter to the adoptee and extensive criminal background checks, including an FBI fingerprint scan.

If the birth parents willingly give the child up to be adopted, there must be proof they signed any legal documents without coercion and with full understanding of the contents thereof. If there is any question about paternity, this must be answered to the satisfaction of the court and both parents tracked down and notified of adoption proceedings. If one of the birth parents is not willing to renounce parental rights, that person can still be stripped of rights through a process called Involuntary Termination of Parental Rights.

The law as regards the child being adopted place’s the child’s best interests above all. This includes consideration of:

1. (i)  The length of time that the child has been under actual care, custody and control of a person other than a birth parent and the circumstances relating thereto.
2. (ii)  The interaction and interrelationship of the child with birth relatives and other persons who routinely interact with the birth relatives and may significantly affect the child’s best interests.
3. (iii)  The adjustment to the child’s home, school and community.
4. (iv)  The willingness and ability of the birth relative to respect and appreciate the bond between the child and prospective adoptive parent.
5. (v)  The willingness and ability of the prospective adoptive parent to respect and appreciate the bond between the child and the birth relative.
6. (vi)  Any evidence of abuse or neglect of the child.

Pennsylvania adoption, and particularly kinship adoption, may seem an overwhelmingly detailed process, deliberately made so to protect the rights of parents (both natural and adoptive), and children. Yet, in practical terms, the courts and the state recognize the importance of solidifying a child’s emotional, physical and mental well being.

Come talk with me about kinship adoption. Call my office at 215-345-5259 for a free first adoption consult.

– Elissa C. Goldberg, Esquire