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.

The first step is to file the applicable petition for adoption and/or termination with the correct court. Each county has their own local rules and forms to be used in an adoption matter. Additionally, each county sets their own fee schedule in terms of what filing fees will be due and for which pleadings. A streamlined adoption process may be available depending on the familial relationship of the prospective parent to the adoptee in that the requirement for a home study may be waived. The cost and procedure for a home study, where necessary, also varies by county. Working with an experienced adoption attorney will help you in navigating all these areas.

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.

If a prospective parent has lived outside of the current state in the five (5) years immediately preceding the adoption petition, similar background checks must be acquired from each state where he or she previously resided. Background checks must be less than one year old at the time of the adoption hearing. The mere existence of a record does not necessarily mean you cannot successfully adopt a child. It is up to the court to look at the nature of the record and whether it poses risk to a child. If there is no substantial risk, the adoption may still proceed. Additionally, if an adult is being adopted, prior criminal background is not an issue since the adult adoptee is consenting to the adoption.