Stepparent Adoption in Pennsylvania
Reviewed by DocDraft Legal Team - Pennsylvania - Last updated October 6, 2026
In Pennsylvania a stepparent adoption is heard by the court of common pleas through its Orphans' Court Division (20 Pa.C.S. 711(7)), or through the Family Court Division in Philadelphia County (20 Pa.C.S. 713), and the petition follows Pa. O.C. Rule 15.13 rather than a statewide stepparent form. The other parent must consent under 23 Pa.C.S. 2711(a)(3) unless their rights were already terminated or, under 23 Pa.C.S. 2714, the court finds after notice and a hearing under section 2513 that a ground for involuntary termination in section 2511 exists. The ground stepparents most often rely on, section 2511(a)(1), requires conduct continuing for at least six months immediately preceding the filing of the petition that either evidenced a settled purpose of relinquishing parental claim or was a refusal or failure to perform parental duties, which Pennsylvania appellate courts require to be proved by clear and convincing evidence, with primary consideration given to the child's needs and welfare under section 2511(b). A child over 12 must also consent, and no report of intention to adopt is required for a stepchild.
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Can a stepparent adopt in Pennsylvania without the other parent's consent?
Only on a 2511 ground. Under 23 Pa.C.S. 2714, after notice and a section 2513 hearing, the court must find, for example, that for at least six months immediately before filing the parent showed a settled purpose of relinquishing parental claim or refused or failed to perform parental duties. Courts require clear and convincing proof and weigh the child's welfare.
Which court and which form are used for a stepparent adoption in Pennsylvania?
You file with the clerk of the Orphans' Court Division of the county court of common pleas, or the Family Court Division in Philadelphia County. There is no statewide stepparent petition form, so draft the petition to Pa. O.C. Rule 15.13 and ask the clerk for local forms.
Is a home study required for a stepparent adoption in Pennsylvania?
The preplacement home study in 23 Pa.C.S. 2530 governs placements by an intermediary, and section 2531(c) requires no report of intention to adopt for a stepchild, so the section 2535 investigation it triggers does not apply. The court may still request an investigation under section 2724(b), and Rule 15.13(d) defers to local rules.
At what age must the child consent to a stepparent adoption in Pennsylvania?
Under 23 Pa.C.S. 2711(a)(1), the adoptee must consent if over 12 years of age. Section 2713, which lets the court dispense with certain consents, expressly leaves out the adoptee's own consent. Attach the child's signed consent to the petition with the others required by section 2711, and expect the child to attend the hearing.
Pennsylvania's six month ground, the Orphans' Court, and Rule 15.13
Pennsylvania defines the adoption court as the court of common pleas (23 Pa.C.S. 2102), and 20 Pa.C.S. 711(7) sends adoptions to its Orphans' Court Division in every county except Philadelphia, where 20 Pa.C.S. 713 uses the Family Court Division. Venue under 23 Pa.C.S. 2302 lies in the county where the parent or parents or the child live. There is no statewide stepparent petition form; the petition must contain the averments listed in Pa. O.C. Rule 15.13, including the child's residence with you, the consents attached, and any new name. The other parent's consent is required by section 2711(a)(3). Without it, section 2714 lets the court find consent unnecessary only after notice and a hearing under section 2513, and only if a ground for involuntary termination in section 2511 exists. The usual ground, section 2511(a)(1), is conduct continuing for a period of at least six months immediately preceding the filing of the petition that either evidenced a settled purpose of relinquishing parental claim to the child or was a refusal or failure to perform parental duties. Pennsylvania appellate courts require clear and convincing evidence, and section 2511(b) makes the child's developmental, physical and emotional needs and welfare the primary consideration; efforts to remedy first begun after notice of the petition are not considered. Notice must reach the parent at least ten days before the hearing by personal service or registered mail (section 2513(b); Rule 15.3). Because section 2531(c) requires no report of intention to adopt for a stepchild, the section 2535 investigation is not automatic, though section 2724(b) lets the court request one. The child must consent if over 12 (section 2711(a)(1)).
Relevant Laws
23 Pa.C.S. 2711 (Consents necessary to adoption)
Requires consent from the adoptee if over 12 years of age, the spouse of the adopting parent unless the spouse joins the petition, and the parents or surviving parent of an adoptee under 18. Subsections (c) and (d) set the 30 day revocation period and the required contents, witnessing or notarization of a parent's consent.
23 Pa.C.S. 2714 (When consent of parent not required), with 2511
A parent's consent is not required if a decree of termination was entered, or if, after notice and hearing under section 2513, the court finds grounds for involuntary termination under section 2511. Section 2511(a)(1) covers conduct continuing for at least six months immediately preceding the filing of the petition that either evidenced a settled purpose of relinquishing parental claim or was a refusal or failure to perform parental duties; section 2511(b) makes the child's needs and welfare the primary consideration.
23 Pa.C.S. 2531 (Report of intention to adopt) and 2535 (Investigation)
Section 2531(c) requires no report of intention to adopt when the child is the stepchild of the person retaining custody, and section 2535(a) orders a court investigation when that report has been filed. Section 2724(b) separately lets the court request an investigation of any adoption petition.
Pa. O.C. Rule 15.13 (Adoption) and Chapter XV of the Orphans' Court Rules
Lists the averments and exhibits every adoption petition must contain, provides that investigation follows local rules, and requires the petitioners and the adoptee to appear at the hearing. Rule 15.3 sets the method and ten day timing of notice when the court is asked to dispense with a parent's consent under section 2714.
Regional Variances
Pennsylvania stepparent adoption requirements
Court
Court of common pleas (23 Pa.C.S. 2102), Orphans' Court Division (20 Pa.C.S. 711(7)); in Philadelphia County, the Family Court Division (20 Pa.C.S. 713). Venue in the county where the parent or parents or the adoptee reside (23 Pa.C.S. 2302(1)).
Petition form
No statewide stepparent adoption petition form. The petition must contain the averments and exhibits in Pa. O.C. Rule 15.13; ask the clerk of the Orphans' Court (or Family Court in Philadelphia) for local forms.
Other parent's consent
Required from the parents or surviving parent of a child under 18 (23 Pa.C.S. 2711(a)(3)), signed with the contents in 2711(d) before two witnesses or a notary, and revocable in writing within 30 days (2711(c)). The stepparent's spouse must consent unless joining the petition (2711(a)(2)).
Proceeding without consent
23 Pa.C.S. 2714: after notice and hearing under 2513 (at least ten days' notice by personal service or registered mail), the court finds a 2511 ground, proved by clear and convincing evidence, as Pennsylvania appellate courts require. Main ground, 2511(a)(1): conduct continuing for at least six months immediately preceding the filing of the petition that EITHER evidenced a settled purpose of relinquishing parental claim OR was a refusal or failure to perform parental duties. Child's needs and welfare are the primary consideration (2511(b)).
Home study
No report of intention to adopt for a stepchild (2531(c)), so the 2535(a) investigation tied to that report is not triggered; the 2530 preplacement home study applies to intermediary placements. The court may request an investigation (2724(b)), and Rule 15.13(d) defers to local rules.
Residency or waiting period
The petition states how long the child has lived with the petitioner (2701(4); Rule 15.13(a)(4)). Once all legal requirements are met, the decree may be entered at any time (2901).
Child's consent age
Over 12 years of age (23 Pa.C.S. 2711(a)(1)); section 2713 does not reach the adoptee's own consent.
Suggested Compliance Checklist
Decide the consent route for the other parent
Before filing days after startingAsk for a written consent meeting 23 Pa.C.S. 2711(d) first. If you will rely on section 2714, gather proof covering at least the six months immediately before filing that the parent either evidenced a settled purpose of relinquishing parental claim or refused or failed to perform parental duties, such as contact and support records. Pennsylvania appellate courts require the ground to be proved by clear and convincing evidence after notice and a section 2513 hearing, with the child's needs and welfare given primary consideration.
File the Rule 15.13 petition with the Orphans' Court clerk
At filing days after startingFile one petition per child with the clerk of the Orphans' Court Division in an eligible county (Family Court Division in Philadelphia), with the birth certificate, consents, and other Rule 15.13(b) exhibits. Pay the county filing fee and ask about local forms and any local investigation rule.
Serve notice on the other parent if consent is contested
At least ten days before the hearing days after startingServe the section 2513(b) notice by personal service or by registered or certified mail restricted to the addressee with a return receipt, as Rule 15.3 requires, and present a verified certificate of service at or before the hearing. If the parent cannot be located, ask the court for leave to serve by publication.
Collect the signed consents
Before the hearing days after startingGather consents from your spouse (unless joining the petition), the other parent unless excused under section 2714, and a child over 12. A parent's consent must include the statements in section 2711(d) and be witnessed by two people or acknowledged before a notary.
Confirm the child's new name and update records
After the final decree days after startingList the new name in the petition so the decree can provide for it under 23 Pa.C.S. 2904. Order certificates of adoption from the clerk under section 2907 for schools and agencies while the Department of Health prepares the replacement birth record. A separate name change petition is needed only for changes outside the adoption.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Decide the consent route for the other parent | Ask for a written consent meeting 23 Pa.C.S. 2711(d) first. If you will rely on section 2714, gather proof covering at least the six months immediately before filing that the parent either evidenced a settled purpose of relinquishing parental claim or refused or failed to perform parental duties, such as contact and support records. Pennsylvania appellate courts require the ground to be proved by clear and convincing evidence after notice and a section 2513 hearing, with the child's needs and welfare given primary consideration. | - | Before filing |
| File the Rule 15.13 petition with the Orphans' Court clerk | File one petition per child with the clerk of the Orphans' Court Division in an eligible county (Family Court Division in Philadelphia), with the birth certificate, consents, and other Rule 15.13(b) exhibits. Pay the county filing fee and ask about local forms and any local investigation rule. | - | At filing |
| Serve notice on the other parent if consent is contested | Serve the section 2513(b) notice by personal service or by registered or certified mail restricted to the addressee with a return receipt, as Rule 15.3 requires, and present a verified certificate of service at or before the hearing. If the parent cannot be located, ask the court for leave to serve by publication. | - | At least ten days before the hearing |
| Collect the signed consents | Gather consents from your spouse (unless joining the petition), the other parent unless excused under section 2714, and a child over 12. A parent's consent must include the statements in section 2711(d) and be witnessed by two people or acknowledged before a notary. | - | Before the hearing |
| Confirm the child's new name and update records | List the new name in the petition so the decree can provide for it under 23 Pa.C.S. 2904. Order certificates of adoption from the clerk under section 2907 for schools and agencies while the Department of Health prepares the replacement birth record. A separate name change petition is needed only for changes outside the adoption. | name-change-petition | After the final decree |
Frequently Asked Questions
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