couples to receive the benefits of marriage under state law, as well as
legalizing the recognition of out-of-state same-sex marriages.
Are domestic partnerships legal in Pennsylvania?
Answer: Domestic partnerships are open to same- and differentsex couples in Pittsburgh. Each must be a resident of the city, or one
partner must be a city employee.
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
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 typically fall into two categories:
fault and irreconcilable differences, whereas grounds for annulments
include being underage, presence of an undissolved previous
marriage, and mental incompetence, such as insanity or serious
mental disorder.
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?
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