Series on Adoptions: Does the Child Need to Consent to the Adoption?

By Matthew T. Hovey, Esquire

In honor of National Adoption Month (November), I am launching this month a ten part series on Adoptions in Pennsylvania.  The third piece in this series focuses on the question: does the child need to consent to the adoption?  If you are interested in an adoption, I encourage you to please return and read my articles on adoptions.

Before answering this question, it is critical to define “child.”  By child, legally speaking, I am referring to an off-spring; a son or daughter.  By child, I do not mean a “kid,” as is in someone young or a minor.  The child, legally speaking, can be 5 years old, 35 years old, or 90 years old.

Pursuant to 23 Pa.C.S. § 2711(a)(1), the consent of the child is required if the child is at least 12 years old.  The contents of an appropriate consent can be found at § 2711(d).  To be valid, the consent must be witnessed by two individuals.  Therefore, if the child is at least 12 years old, he or she can block the adoption, even if his or her parent(s) support the adoption.

If you, a family member, friend, or coworker are considering an adoption, please call our office and setup a free initial consultation.

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