Pittsburgh Family Law Services, P.C. Blog

When I'm working with parents who are pursuing a stepparent adoption, one of the most frustrating parts for them is finding out that they have to notify the other parent.  Often by the time parents look at adoption, the other parent has been uninvolved for years, their children don't have any relationship with them, and they only view their stepparent as their actual parent.  Why should the biological father be given any notification when he clearly hasn't shown any interest up to this point?  As an attorney who handles stepparent adoptions, I completely appreciate how traumatic this can be for parents; having to notify the other involves revisiting painful memories and even traumatic events.  

I should note at first that while terminations in stepparent adoptions typically apply to the father, the same laws apply when the biological mother has been uninvolved as well (which does indeed happen).  In every termination, the parent has to be notified that there is a hearing.  This is non-negotiable.  If you don't know where the parent resides or works, then you are expected to do a diligent search to find them (and most people can eventually be found).  The reason for this is so they can come to the hearing and tell the judge whether they disagree with the decision to terminate their parental rights and present their case for why that shouldn't occur.  Many parents experience a lot of frustration and anxiety over this.  Why should he be able to challenge a termination?  Will the judge actually deny the termination?  Will I have to resume a co-parenting relationship with someone who left his children years ago?  There is no way for a lawyer to alleviate all of those fears, but it may help to understand the reason behind this requirement.

For a judge to terminate parental rights, they first have to find that grounds exist and that the termination serves your child's needs and welfare.  Grounds for termination include a parent abandoning contact and failing to perform parental duties for 6 months before filing the petition.  Often once grounds are met, judges do find that termination serves a child's needs and welfare or "best interest."  However, that isn't always the case, and even when it is, it's not always that simple.  Sometimes, children want to try having a relationship with their biological father, even if he wasn't involved up to that point.  Other times, the parent really has changed and wants to rebuild a relationship.  All of this needs to be investigated, and a judge has to make a determination based on what that investigation reveals.  Unlike what many parents are afraid of, most Pennsylvania judges do not go into termination hearings assuming that they will deny the petition.  Instead, they focus on getting all of the evidence they need and listening to the evidence and testimony to make a decision.  

It's important to remember that whenever a judge terminates a parent's rights, they are effectively turning that person into a legal stranger.  That person no longer has the right to see the child, speak with the child, or be involved in the child's life.  It effectively cuts off the parent's entire extended family as well.  Often this is referred to as a "legal death."  Because of the permanence of this action, judges want to be certain that they are making the right decision and that it really is in the child's best interest.  

This all gets back to the need to provide proper notice to the father.  Even though it may be obvious that termination is the right decision, he still gets to try and present his case.  This way, if he tried appealing the decision, the Superior Court can look at what the judge did and see that the father had every opportunity to go to court, be represented by counsel, and present his case.  When parents are not given an opportunity to present their case, the judge makes the best decision with what they have in front of them but ultimately will never know if a different outcome would have been better.  A court reviewing the judge's decision could find that the judge needs to hold a new hearing to make sure they made the correct decision.  This only prolongs the anxiety, stress, and uncertainty for a family.  

As a lawyer, my goal is always to give parents security in their adoptions.  No lawyer or judge wants a situation where a biological parent comes back years later trying to undo an adoption.  Even if the effort fails, it creates a strong disruption for the family and the child.  Ensuring that the parent is properly served and that the procedures are followed correctly ensures that once you get to your adoption hearing, it is permanently safe.  That is why lawyers and judges insist on making sure the other parent has notice and an opportunity to be heard.  

A termination of parental rights and stepparent adoption is a highly nuanced and complex area of the law, with specific procedures that must be followed in order to give you lasting security.  If you are looking to pursue an adoption, it is important to work with a local Pennsylvania attorney who can guide you through the process.