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 family unit for purposes of financial and estate planning.
At that time, Pennsylvania law did not recognize same-sex marriage. The law changed in 2014 under the Whitewood decision, which granted same-sex couples the right to marry, and formally recognized already married same-sex couples. The United States Supreme Court confirmed that same-sex couples have a fundamental right to marry in 2015. On March 23, 2015, N.M.E. filed a petition to annul the adoption so that the couple could marry. The Orphan’s Court denied the petition.
On appeal, the Superior Court reviewed the Adoption Act, which does not expressly address whether an adoption can be annulled. Previous case law established that the courts do have jurisdiction to revoke an adoption decree for good cause, with the welfare of the child being the most important consideration.
Further, other states have allowed adults to annul an adoption for the purpose of marrying. In the circumstances presented, denying the petition denied N.M.E. and R.A.B., Jr. the fundamental right to marry which is now recognized as a matter of law.
Therefore, the Superior Court determined that the Orphans Court did have authority to annul the adoption. The Orphans Court order was reversed, and the case is remanded for further action.
heARTbeat is a publication of KingSpry’s Adoption Law and Assisted Reproductive Technology Law Practice Group. It is meant to be informational and does not constitute legal advice.
