How Does Stepparent Adoption Work in Pennsylvania?November 9, 2022
Last Updated: June 2025
Stepparent adoption is the most common type of adoption in the United States. It can be an important step in building a new family with your spouse and children.
While stepparent adoption in PA can be easier than other forms of adoption, there are still a few points that can be difficult. Hiring a good family law attorney in Harrisburg, Mechanicsburg or anywhere in Central Pennsylvania can help clarify your obligations and make the process run smoothly.
What Is Stepparent Adoption in PA?
Stepparent adoption allows a stepparent to become the child’s legal parent, granting full parental rights and responsibilities. Unlike other forms of adoption, stepparent adoption typically skips home studies and post-placement visits, making the process smoother in most cases.
However, Pennsylvania law requires the termination of the other biological parent’s rights before adoption can proceed.
Termination of Parental Rights in Pennsylvania
Under Pennsylvania law, a child cannot have three parents. So, the parental rights of one of the child’s other parents must be terminated before the stepparent can file for adoption.
Voluntary Termination
If the biological parent agrees to the adoption:
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They must file paperwork with the Orphans’ Court
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A court hearing may be required for the voluntary relinquishment
Involuntary Termination
When a biological parent is unfit or absent, the court may terminate their rights involuntarily if:
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They have abandoned the child for 6 months or more (4 months for newborns)
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They have a record of abuse, neglect, or criminal convictions
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They fail to fulfill basic parental duties
Involuntary termination can be a complex legal process, but our experienced Harrisburg attorneys can help present the strongest case on your behalf.
How to File for Stepparent Adoption in PA
Once the other parent’s rights are legally terminated (or if they are deceased), you can begin the formal adoption process:
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Step 1: File a Petition
The stepparent submits an adoption petition with the Orphans’ Court. This includes documentation proving the stepparent’s fitness as a legal guardian. Your attorney will help prepare and file these forms. -
Step 2: Attend a Hearing
A court hearing will be scheduled. If the child is over 12 years old, they must attend and consent to the adoption. -
Step 3: Finalize the Adoption
Once the judge approves the adoption, the court will issue a certificate of adoption. You can also request a new birth certificate listing the stepparent as a legal parent.
Court Hearings
A court hearing will be held to finalize the adoption. If the child is over 12, they will need to appear at the hearing and provide testimony that he or she consents to the adoption.
The judge may also wish to clarify some details in your case before the adoption is finalized. A good family lawyer will help you prepare and make sure there are no surprises.
Finalizing The Paperwork
The full stepparent adoption process in Pennsylvania can take several months in most cases. You then receive a court-issued certificate of adoption and can even request a new birth certificate for the child, which shows their new legal parents.
Stepparent adoption in PA allows you to be fully present in the life of your child, including in terms of medical and legal issues. The experienced family law attorneys at Daley Zucker can help you make the process easier and less disruptive. If you need help with adopting a stepchild in PA, contact us today.
Frequently Asked Questions
Do I need a lawyer to adopt my stepchild in Pennsylvania?
While it’s legally possible to file without one, working with a family law attorney ensures the process is handled correctly, especially if the other parent contests the adoption.
Can a stepfather adopt without the biological father’s consent?
Yes, in certain cases. If the biological father has abandoned the child or meets criteria for involuntary termination, a judge may approve the adoption without their consent.
How much does stepparent adoption cost in PA?
Costs vary depending on whether the termination is voluntary or contested. Contact us for a consultation and estimate based on your situation.
Will my child need to attend the adoption hearing?
If your child is 12 or older, Pennsylvania law requires that they attend the final hearing and consent to the adoption.
