ADOPTION AND SURROGACY
Adoption laws vary state by state, but are generally becoming
more uniform nationwide. Pennsylvania is one of the least-restrictive
states for adoption laws, allowing children and adults of any age to
be adopted (with a child’s consent to adopt required from age 12
and older). The Pennsylvania adoption statute also covers post-birth
adoption of a child born through surrogacy. Although some more
conservative judges will not grant pre-birth orders, Pennsylvania
has no law governing surrogacy and allows both traditional and
gestational surrogacy.
What is the difference between traditional and gestational
surrogacy?
Answer: Traditional surrogacy requires the eggs from the surrogate
woman to undergo artificial insemination or IVF with sperm from the
male or from a sperm donor. In traditional surrogacy, the surrogate
mother is genetically related to the child. Gestational surrogacy
implants a combination of the egg and sperm of the intended parents
(and/or a sperm/egg donor) into a surrogate woman who will carry
and deliver the child. In this case, the surrogate is not genetically
related to the child and only acts as the carrier.
Is surrogacy legal in all countries?
Answer: No, France, Germany, Italy, Spain, Portugal, and Bulgaria
prohibit all forms of surrogacy.
What are the costs associated with adopting a child?
Answer: Adoption can range in cost from $0 to $50,000 depending
on several factors including the age of the child. In addition to
adoption fees, other expenses that should be taken into consideration
when adopting are travel, medical, out-of-state fees, attorney fees,
adoption letter, and other legal expenses.
What steps need to be taken to adopt a stepchild?
Answer: The most significant step in adopting a significant other’s
birth child or children is that of obtaining consent from the other
birth parent. It is a requirement to obtain this consent in order for the
adoption to be formally recognized. Home visits, adoption hearings,
and long waiting periods may be avoided because the adopted
children are related to the birth parent.
DIVORCE, ANNULMENT,
PROPERTY SETTLEMENTS,
ALIMONY, CHILD CUSTODY AND
VISITATION AND CHILD SUPPORT
How is property division decided?
Answer: Pennsylvania is an equitable distribution state. When two
parties cannot reach a settlement on division of property, the Court of
Common Pleas distributes assets in an “equitable fashion,” meaning
what is deemed to be fair by the courts. Equitable division takes into
consideration length of marriage, prior marriages, income and value
of property, among other things. Property division is only determined
after a couple enters into a divorce.
What are the deciding factors in awarding child custody?
Answer: In all states, both parents have equal rights to custody over
a child. Parents are both required to provide the court with reasoning
on what is in the best interest of the child. Some states take into
consideration age and/or sex of the child when deciding custody.
GUARDIANSHIP AND FOSTER
CARE
Being a legal guardian or becoming a foster parent comes with the
same responsibilities as being a parent, but may offer a child the best
possible environment for living.
When should a Petition for Guardianship be filed?
Answer: Typically, petitions for guardianship of a child occur when
both parents pass away, are missing, have a drug/alcohol problem, or
have mental problems.
How is guardianship decided?
Answer: A legal guardian must be over 18 years of age, have a
genuine interest in the child’s welfare, and must be able to physically
and financially fulfill the responsibilities of raising a child.
What are the laws and regulations for fostering a child?
Answer: It is required for interested individuals to be at least
21 years of age to apply to become a foster parent. Individuals will
undergo extensive background checks, including a criminal check and
child abuse clearances on all those living with the applicant over the
age of 14. Financial stability will be assessed, along with the physical
features of a home, to determine that there is adequate space for an
additional child or children. Emotional stability, ability to provide
a safe and stable environment, family life, and relationships with
own children are also taken into consideration when evaluating an
individual. ■
Family law in Pennsylvania covers a broad spectrum of the
consequences of divorce such as child custody, adoption, and paternity
testing.
What is the difference between a divorce and an
annulment?
Answer: Grounds for divorce G