Pittsburgh Adoption Attorneys

Knowledgeable and Compassionate Pittsburgh Adoption Lawyers

One of the most rewarding endeavors we undertake as Pittsburgh child adoption lawyers is facilitating the adoption of children in desperate need of loving and caring parents. Seeing the joy on the faces of parents, children and judges when the adoption decree is finalized is truly a moving experience.

While the newly forged parental bond comes naturally, the process leading up to adoption day is not so simple. The family law attorneys of Pollock Begg are experienced in navigating the widely varying statutes controlling adoption from county to county in Pennsylvania.

What Is the Difference Between Adoption and Guardianship or Permanent Legal Custody?

Adoption is a permanent transfer of all legal rights and responsibilities incident to parenthood from a child’s natural parents to the adoptive parents. For an adoption to take place, the child’s natural parents must be deceased or their parental rights must have been terminated. Often, as in Allegheny County, for example, the termination of parental rights and adoption proceedings occur simultaneously. When a court has determined that a child cannot be returned to the care of the child’s natural parents by reason of abuse, neglect or abandonment, adoption is generally the preferred option.

Guardianship or permanent legal custody (PLC) is a transfer of the primary rights and obligations of parenthood — including physical custody, the right to make major decisions for the child and the right to seek child support from the child’s natural parents — to a relative or other caregiver. Although the term used is permanent legal custody, the parental rights of the child’s natural parents are not terminated. Natural parents may seek visitation when it does not affect the health and safety of the child, and the natural parents may later seek a change in the custody arrangement.

How Do I Know Which Process is Right for my Family?

Broadly speaking, the benefits to pursuing an adoption over a guardianship are:

• The ability to make permanent, binding decisions on behalf of the child;
• The finality and permanency inherent in the adoption often reinforces the child’s sense of stability and security; and
• A natural parent whose rights have been terminated, even one who is a party to an Act 101 or open adoption agreement, cannot ever “undo” the adoption.

Conversely, considerations that might cause one to prefer a guardianship or PLC are:

• Legal guardianship may be preferable to relative caregivers where an outright termination of parental rights would run contrary to the family’s values or would cause unnecessary discord within the family;
• The child might not want the rights of the natural parent to be terminated, where maintaining parental contact with the child would be consistent with the child’s best interests;
• Oftentimes, it is easier for an adoption agency or the Department of Public Welfare to find a willing caregiver, especially a relative, for groups of siblings, special needs children or older children who might otherwise be more difficult to place for a standard adoption.

What Is the Procedure for Adopting a Child in Pittsburgh?

Anyone can file a petition to adopt any child; however, the courts generally give priority to the child’s present caregivers (i.e. foster parents) or relatives. If the adoptive child is over the age of 12, the adoption also requires the consent of the child.

Where the adoptive parents are not the child’s stepparents, grandparents or great-grandparents, the adoption terminates any custody rights that may have been previously granted to any individuals. Where the adoptive parents are the child’s stepparents, grandparents or great-grandparents, the adoption does not necessarily terminate any previously awarded custody rights to other individuals. Since 2012, adoptive parents who wish to maintain a degree of contact between the child and the natural parents may enter into an agreement, subject to court approval, that sets forth in detail the manner and frequency of such contact. You may hear this type of agreement referred to as an open adoption agreement or Act 101 agreement. Our experienced Pittsburgh child adoption attorneys can assist with this process.

Will My Attorney Help Me Navigate the Financial Implications of Adoption?

Adoptive parents may qualify for adoption subsidies, including:

• Medical coverage
• Respite care
• Reimbursement for medical expenses
• Services such as tutoring, physical therapy or family and individual counseling
• Reimbursement for legal fees incurred in the adoption process.

Pollock Begg’s team of child adoption attorneys will help your family explore all applicable adoption subsidies.

Can Pollock Begg Help with Same-Sex Custody and Adoption?

While the legal rights of LGBTQIA+ parents have been recognized by the Pennsylvania courts to one degree or another for many years, this area of Pennsylvania law continues to develop rapidly.

Sorting out the rights of LGBTQIA+ parents, unmarried partners, genetic donors, foster parents and surrogates can present complex factual and legal issues. Second parent adoption may be a viable option for LGBTQIA+ parents whose spouses or partners wish to adopt and safeguard against interference from donors, gestational carriers and other related parties who may make claims to a child.

Some parents become eligible to adopt children they have fostered. Adoption often requires the termination of parental rights, which may be more difficult when contested.

Every adoption case requires meticulous attention to detail at each stage of the process. Pollock Begg’s lawyers closely monitor the latest developments in LGBTQIA+ adoption and custody law to effectively represent clients in these important cases.

Contact Pollock Begg at 412.471.9000 to consult with one of our family law attorneys if you need guidance in resolving any type of custody or adoption issue. Our experienced adoption attorneys can advise the best course of action for your specific case.