Can a step-grandparent adopt a grandchild in Pennsylvania?

Pennsylvania's adoption statute does not single out step-grandparents, so whether you can adopt your grandchild depends on the child's age and your family's facts, and the Orphans' Court clerk in your county or an attorney should confirm your specific situation. The stepparent process is built for the spouse of a child's parent. A step-grandparent is married to the grandparent, so you should not assume that process applies to you.

If your grandchild is 18 or older:

• Pennsylvania says any individual may be adopted, regardless of age or residence (23 Pa.C.S. 2311). The statute contains no relationship, prior-contact, age-gap or spouse-bar condition.
• The adoptee must consent. Parents' consent is required only when the adoptee is under 18 (23 Pa.C.S. § 2711).
• Your spouse must consent unless your spouse joins the petition.
• For an adoptee over 18, the court may dispense with every consent except the adoptee's.
• A home study is not required for adults, though the court may request an investigation.
• A hearing is required. You and the adoptee appear and testify if required, unless the court finds your presence unnecessary.
• There is no residency period. Venue lies in the county where the parent(s), the adoptee, or the person who filed the report of intention to adopt lives (23 Pa.C.S. § 2302).
• The adult timeline is typically 4-8 weeks.

If your grandchild is under 18:

• Parents' consent is part of the picture under 23 Pa.C.S. § 2711, and a child over 12 must also consent.
• If a parent will not consent, Pennsylvania's abandonment provision, which involves a period of 6 months, may come into play (23 Pa.C.S. § 2511). Whether it fits your facts is something to review with an attorney or the court clerk.
• The home-study waiver in Pennsylvania is written for stepparent adoptions. Whether any waiver or investigation applies to a step-grandparent should be confirmed with the clerk or an attorney.
• If a parent cannot be located, or the case is contested, speak with an attorney about that specific issue.

Which court: Adoptions are filed in the court of common pleas of the county, through the appropriate division. Orphans' Court is common practice, and the clerk in your county can tell you where your petition goes. Pennsylvania has 67 counties, and procedures can vary by county.

Cost: Court filing fees typically run $200-$500.