Agencies must work to identify birth parents as soon as possible. In a cautionary tale for agencies and pre-adoptive parents alike, on March 6, the Superior Court determined that pre-adoptive parents did not have standing to participate in a custody action filed by the child’s birth father. The Court’s order sets the stage for custody of the child to return to the birth father. The case, K.W. v. … [Read more...] about Birth Parent Rights Remain Primary Absent Proof of Dependency
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PA Superior Court Allows Couple to Annul Adoption to Pursue Marriage
In a December 21, 2016 opinion, the Superior Court determined that the Orphan’s Courts have authority to grant an uncontested petition to annul an adult adoption. The request was made to enable the parties to marry. In July, 2012, N.M.E. adopted R.A.B., Jr. The parties were a same-sex couple that had been together for more than 40 years. They pursued the adult adoption in 2012 to establish a … [Read more...] about PA Superior Court Allows Couple to Annul Adoption to Pursue Marriage
Adoption Tax Credits May Be Available for Adoptive Parents
As part of year-end financial planning, adoptive parents should consider whether they are eligible for the adoption tax credit. Adoptive parents can claim a tax credit for “qualified expenses” that are incurred in the course of an adoption. For 2016, the maximum credit remains at $13,460. The credit is inflation-indexed, and is expected to increase to $13,570.00 for 2017. How adoption tax … [Read more...] about Adoption Tax Credits May Be Available for Adoptive Parents
PA Expands Access to Birth Records for Adoptees, Provisions for Termination of Parental Rights
This adoption month, Pennsylvania has made some important changes that increase adoptees’ access to information about their birth families. In addition, some changes were made to the law that governs termination of parental rights. Expanded access to birth records and medical information A year from now, adoptees born in Pennsylvania will have access to their original birth record information. … [Read more...] about PA Expands Access to Birth Records for Adoptees, Provisions for Termination of Parental Rights
House Bill 380 Halves Waiting Period for Divorce on Basis of Irretrievable Breakdown
Last week, the Pennsylvania Senate approved House Bill 380 (which was passed by the House of Representatives on November 9, 2015). This Bill amends the Pennsylvania Divorce Code and reduces the waiting period by which an individual can secure a no-fault divorce on the basis of irretrievable breakdown. Previously, the waiting period was two years. As a result of the Senate’s adoption, it is now … [Read more...] about House Bill 380 Halves Waiting Period for Divorce on Basis of Irretrievable Breakdown
PA Supreme Court Clarifies Purpose and Public Policy of Adoption Process
On August 29, 2016, the Pennsylvania Supreme Court reversed a decision to terminate a father’s parental rights in the matter of Adoption of M.R.D. and T.M.D.. The Court held that the child’s mother did not present a valid adoption petition, where she sought to retain her parental rights and to co-parent with her own father following the adoption. Parents separated prior to the birth of their twin … [Read more...] about PA Supreme Court Clarifies Purpose and Public Policy of Adoption Process