Can Biological Parents Revoke Adoption Consent in Pennsylvania?
If you are contemplating whether to place your child up for adoption, you deserve to understand the rights in your respective state. Understandably, this may be the most difficult decision of your life and one that should not be made lightly. By gaining familiarity with your parental rights, you can make an informed decision that works for you and your child. While each state’s laws vary, in Pennsylvania, a birth parent may revoke their consent within 30 days of providing their written consent.
The dedicated adoption lawyers at Purdy Law Office recognize the gravity of the situation before you. If you have questions regarding your termination of parental rights, our legal team is here to address your concerns.
Providing Consent for Adoption in Harrisburg, PA
In Pennsylvania, birth mothers must wait 72 hours post-delivery before providing consent for adoption. You must provide your consent in writing, execute it in front of a judge or notary, and submit it for court approval. If paternity has been established, then the father’s consent will also be required. If the parents are legally married at the time of the child’s birth, then the husband is presumed to be the biological father. If you are giving up a child who is 12 years of age or older, then the child must also consent to the adoption.
What if Paternity Has Not Been Established?
A putative father is a man who alleges to be the biological father. This is common when a child is born to unmarried parents. Barring establishing paternity, if a putative father is presumed to be the natural father, then it may be necessary for him to consent to the adoption. However, if a putative father fails to meet specific responsibilities, then his parental rights may be terminated.
Your Legal Rights as a Biological Parent
Under Pennsylvania law, the husband of the birth mother will not need to provide consent if there is evidence showing that the husband is not the child’s biological father. However, absent this proof, a former husband of the birth mother will need to provide his written consent if they were married at any point within one year of the child’s birth. Absent any findings of fraud or duress, the stipulation is that both the birth mother and natural father (or putative father in some cases) must revoke their consent within 30 days of signing. After this time, each party’s consent cannot be withdrawn.
Why Should I Hire a Harrisburg Adoption Lawyer?
If you have chosen to give your child up for adoption, you understandably may feel a rush of emotions. Ultimately, we all want to do what is best for our children. Sometimes this means severing ties with your child. Of course, nobody can predict the future, so it can be challenging to know if putting your child up for adoption is in their best interests. Given the emotional state you are in, you need someone who can advocate for you while ensuring that you follow the intricacies of the law.
It is not the court’s job to inform you of your rights. There is no substitute for legal representation as you begin the adoption process. An adoption lawyer understands Pennsylvania adoption laws and can help you navigate the complex process. At Purdy Law Office, our team of legal professionals concentrates its practice in family law issues, meaning that you are in more than capable hands. If you are considering revoking your consent for adoption, we are here to assist you.
Contact Our Adoption Lawyers Today
At Purdy Law Office, we have assisted numerous parents throughout the adoption process, providing comprehensive legal advocacy every step of the way. We believe that in your heart, you know what is right for your child. Agreeing to adoption out of fear of bucking the system is a choice that will only leave you unsettled.
Whether you are considering placing your child for adoption or revoking consent, our legal team is motivated to do what is best for both you and your child. To discuss your matter with an attorney, our Harrisburg office can be reached online or by calling (717) 674-2885.