Karen Ann Ulmer, P.C.
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December 2019 Archives

Who May Adopt?

An adoption petition can be filed by anyone. Pursuant to 23 P.A. CS 2312, any individual may become an adopting parent. There is no requirement that a prospective parent be married or in a relationship. An adoption can take place in any county where the natural parents of the child reside. It may also take place in any county where the child to be adopted resides or in the county where the prospective parent resides. Background clearances must be obtained for the prospective parent as well as any other adult household members. If not already resolved, the rights of the natural parents of the child need to be addressed in connection with the adoption proceeding. The natural parents can cooperate in consenting to the adoption and or voluntarily relinquishing their rights. There are also circumstances in which a prospective parent can petition for the involuntary termination of the natural parents' rights.

Impact of Criminal Background on Adoption

Background checks are required for all prospective parents in an adoption matter. In Pennsylvania, there are three background checks that are required: Pennsylvania Child Abuse History Clearance through the Department of Human Services, Pennsylvania Criminal Record Checks through the State Police, Federal Bureau of Investigations (FBI) Criminal Background Check through the Department of Welfare. New Jersey requires state, federal and local criminal history checks. These background checks must also be completed for all other adult household members where the adoptee will reside.

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