Is Adoption Without Parental Consent Possible?
July 19, 2021

A parent’s rights are well-protected in Pennsylvania. However, there are some circumstances when it may be in the best interest of the child to be legally placed with another family. That leaves us with the question, “Can a child be adopted without the consent of both parents?”

Adoption without Parental Consent

When adoption comes to mind, most people think of families or individuals seeking an adoption agency and being matched with a child in foster care who they can welcome as one of their own into their family, or a birth mother contemplating adoption for an unborn child. But in some cases, adoption can be a crucial bridge to the child’s survival.

Whether it is in the context of removing a child from an abusive household or saving them from an absentee parent, the need to adopt without parental consent is one that comes up in certain circumstances. In most cases, before an adoption can be finalized, the biological parent or parents must terminate their parental rights.

Although there is no doubt that parental consent is paramount when it comes to adopting a child with living parents, there are circumstances when a child may be removed from the home and made available for adoption without consent of the birth parents.  In Pennsylvania, this is referred to as the Involuntary Termination of Parental Rights.

Unfit Parents

Laws determining the definition of an unfit parent are governed by individual states. If a parent does not wish to terminate parent rights, but there is concern that the parent should not have custody, the court may find a parent unfit.

In cases where a court finds parents unfit and the child is permanently removed from the home, the child may be adopted by relatives or another family without parental consent through a specific court process

Contact an Adoption Attorney Today!

The adoption process can be nuanced and complex. If you have questions about adoption without parental consent, the experienced family law team at Daley Zucker can help you navigate this difficult landscape.

Get in touch with us today!

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