Can I adopt my stepchild who is a newborn or infant in Pennsylvania?

Yes, you can pursue a stepparent adoption of a newborn or infant in Pennsylvania. Pennsylvania's statute says "Any individual may be adopted, regardless of his age or residence" (23 Pa.C.S. 2311). The state data lists no minimum age for the child. For anything specific to a very young baby, the Orphans' Court clerk in your county can confirm the details.

Residency: Pennsylvania has no minimum residency period for filing (23 Pa.C.S. § 2302). You file in the Orphans' Court in the right county, and the clerk can tell you which of Pennsylvania's 67 counties is correct for your family.

The child's consent: Pennsylvania's child consent age is 12 (23 Pa.C.S. § 2711). A newborn or infant is well under that age, so the baby is not asked to consent.

The other parent: This is usually the biggest question with a very young child. The other legal parent must either consent or the case must rest on abandonment, which Pennsylvania sets at 6 months (23 Pa.C.S. § 2511). With an infant, how that period applies depends on the facts of your situation. Some points that may help:

• Child support payments do not automatically prevent an abandonment finding. Pennsylvania courts look at the whole relationship, not only money.
• If the other parent objects, the court can still grant the adoption if abandonment is proven.
• If you cannot locate the other parent, Pennsylvania has procedures for serving notice by publication.

Because contested cases and unknown-parent situations turn on specific facts, talk with an attorney or the Orphans' Court clerk about your particular circumstances.

Home study: Pennsylvania waives the home study in stepparent adoptions (23 Pa.C.S. § 2531(c); § 2535(a)), which is one less step when you have a new baby at home.

Timeline and cost:

• Stepparent adoptions in Pennsylvania typically take 3-6 months.
• Court filing fees run $200-$500, and the total typical cost is under $550.