Many relatives choose to step up and provide a permanent home when biological parents cannot take care of a child. In Pennsylvania, this is called kinship adoption. It lets family members legally protect the child from sudden home disruptions or standard foster care placement.
Before starting the adoption process, state courts take into account the child’s own input, such as the adoptee’s personal wishes if they are old enough. It’s important for relatives to understand these rules to ensure the process goes smoothly.
Children over 12 years old must formally consent to the adoption
Under Pennsylvania law, a child who has reached 12 years of age has a direct say in their legal future. The court cannot finalize the case unless the child signs a formal, written statement agreeing to the adoption by the relative. This rule ensures that teenagers fully understand the permanent change happening to their family structure and are comfortable with the relationship before the judge signs the final decree.
What this means for your relative adoption case
When you adopt a relative who is an older child, you must prepare for specific legal steps in court, including:
- Filing the voluntary consent form: Your legal team will draft a clear consent document for the child to sign, which is filed directly with the Berks County Orphans’ Court as a mandatory exhibit.
- Preparing for the judge’s conversation: During the final adoption hearing, the judge will speak directly with the child to confirm that they are agreeing voluntarily without family pressure.
- Terminating existing parental rights: Even with the child’s eager agreement, you must still legally end the biological parents’ rights by getting their signature or proving abandonment.
Be ready for the legal steps. Aside from getting family consent, you must complete state background checks, child abuse clearances and court home visits.
Ready to finalize your family bond?
Adoption is a great way to protect the children you love, but strict paperwork and age limits can make it complex. Consider getting help from a legal professional who knows kinship and relative adoption. They can help you as a grandparent, aunt or uncle understand the law and prepare your court forms, and they can guide your family through local hearings from start to finish.