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Considering orders of protection during stepparent adoption

On Behalf of | Jan 15, 2025 | Adoptions |

Adoption often becomes a natural next step when a stepparent becomes an involved part of a child’s life. Stepparent adoption can also bring stability and security to a child, especially when a biological parent is absent or poses a risk. 

When a biological parent has an order of protection, such as a Protection From Abuse (PFA) order, you may have questions about how it will affect the adoption process.

What is a PFA order?

A PFA order in Pennsylvania typically indicates that the biological parent has engaged in harmful behaviors that endanger the child or another family member. Domestic violence, harassment or harmful threats can all lead to a PFA order. 

If a PFA is in place, this may strengthen the case for stepparent adoption. Courts in Pennsylvania prioritize the best interests of the child, and a stepparent adoption may align with this goal when the biological parent’s presence is harmful.

Are parental rights a factor in stepparent adoption?

The stepparent adoption process in Pennsylvania requires the termination of the biological parent’s parental rights. If a PFA is active, though, it may serve as evidence that the biological parent is unfit to fulfill their responsibilities. Pennsylvania law allows for the involuntary termination of parental rights if the biological parent acts in a way that harms the child or if they fail to maintain a meaningful relationship with the child.

Stepparent adoption under Pennsylvania law can create a new start for the child and provide them with a stable family structure. When there is a PFA, it can simplify some aspects of the process by demonstrating that the biological parent’s involvement is not in the child’s best interest. Families should approach this decision thoughtfully and with a focus on the child’s safety and long-term well-being.