Termination of Parental Rights Before Adoption in PA?

Regardless of the reason, the legal severance of parental rights must occur before a child can be legally adopted. Once parental rights are terminated, the parent will no longer have any rights or responsibilities to the child. The Commonwealth of Pennsylvania has two types of termination: voluntary and involuntary termination, both of which are court-driven processes. If you or a loved one is going through the adoption process, the adoption lawyers at Purdy Law Office in Harrisburg, PA, are here to provide the guidance you need during this time.

Voluntary Termination of Parental Rights

Before a child can be adopted, biological parents must first terminate their rights. In most cases, a voluntary termination of rights will take place. During this process, the biological parent will petition the court to relinquish all rights to their child. Unless extenuating circumstances exist, the court will not accept a voluntary termination of parental rights unless the adoption process is already underway.

The court wants to ensure that the natural parent is relinquishing their rights voluntarily, not under duress. The process is cumbersome, requiring that you work with a Harrisburg adoption attorney to ensure a seamless transition.

Involuntary Termination of Parental Rights

In some situations, a biological parent’s rights may be discontinued through involuntary termination. Involuntary termination also involves court involvement, which can be initiated by either one parent or the Commonwealth. Although just as final as voluntary termination, the criteria for petitioning the court for involuntary termination are highly regulated.

Under Title 23 of the Pennsylvania Consolidated Statutes, the following grounds apply to involuntary termination:

• The parent has failed to fulfill their parental duties for at least six months.
• Evidence of continued neglect or abuse has caused the child to be without essential care, which the parent refuses to remedy or cannot remedy.
• The child has been found and is in the custody of an agency, but the identities or whereabouts of the parents are unknown.
• Additionally, the parents do not claim the child within three months of the child’s discovery.
• The child has not been living with the parents for at least six months, and the conditions that prompted removal from the home still exist.
• If the parent is unwilling or unable to remedy the situation, termination of parental rights is in the best interest of the child.
• In the case of a newborn, the parent is aware of, or should be aware of, the child’s birth.
• When the parent and child do not live together, and the parent has not married the child’s other parent.
• The parent is the presumed father, but not the child’s biological father.
• Additionally, the parent has made no reasonable effort to contact the child for a period of four months.
• The parent is the father to the child through rape or incest.
• The child has been removed from the parents’ care for over 12 months.

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This process requires sufficient evidence to be presented, demonstrating the extent to which the birth parents are unfit to take care of their child. In some cases, the other parent may claim that you are incapable or abusive, when in reality, there is no such evidence supporting that claim.

If the court process has not been started, you can prevent the other parent from seeking involuntary termination by remaining involved in your child’s life. The more commitment you demonstrate to your child, the less likely you are to have your parental rights terminated.

Alternatively, if you are seeking to terminate the other parent’s rights, you will need to demonstrate that there has been no significant contact between the parent and the child for at least six months. The process becomes further cumbersome when the parent refuses to relinquish access to their child, making it necessary to hire representation that is committed to advocating for the child.

Speak with Our Family Law Attorneys Today

The adoption process can be complex, especially when a parent refuses to relinquish their parental rights. When you work with our firm, you will be working with someone who has honed their experience, skills, and knowledge to ensure your rights are being protected. While you may think that hiring a private family law firm will be more expensive, no price can be placed on compassionate and dedicated counsel. To schedule your consultation with one of our family law attorneys, contact Purdy Law Office online or by phone at (717) 674-2885.