How old do you have to be to adopt in Pennsylvania?

Pennsylvania's adoption statute sets no minimum age for the person adopting and no required age gap between you and the person you want to adopt (23 Pa.C.S. 2312). If you're a stepparent, the age questions that matter are usually the child's age and whether the child's own consent is needed.

Your age as the adopting stepparent. You don't need to reach a particular birthday to qualify, and there is no set number of years you must be older than the child. If your situation is unusual, such as a very young adopting parent or a small difference in ages, the Orphans' Court clerk in your county can confirm how the court handles it.

The child's age and consent. The child's age does matter for consent. A child who is 12 or older must consent to the adoption (23 Pa.C.S. § 2711). Younger children don't give consent themselves.

Adopting an adult. Pennsylvania allows adult adoption. The law says any individual may be adopted regardless of age or residence (23 Pa.C.S. 2311). For an adoptee over 18:

• The adoptee must consent.
• The adopter's spouse must consent unless the spouse joins the petition.
• Parents' consent is required only when the adoptee is under 18.
• The court may dispense with every consent except the adoptee's.
• A hearing is required, and the adopting parent and adoptee must appear unless the court finds their presence unnecessary.
• A home study is not required for an adult adoptee.

Other points that apply to stepparent adoptions of a child:

• Residency: Pennsylvania has no minimum residency period (23 Pa.C.S. § 2302). The petition goes in the county where the parent, the child, or the person who filed the report of intention to adopt lives. Pennsylvania has 67 counties.
• Home study: For stepparent adoptions the home study is waived (23 Pa.C.S. § 2531(c); § 2535(a)).
• Other parent: If the other parent won't consent, the case may turn on abandonment, which involves a period of 6 months (23 Pa.C.S. § 2511). Contested cases and cases where the other parent can't be found depend on the facts, so talk with the court clerk or an attorney about your specific situation.

Cost and timing. Court filing fees typically run $200-$500, and the total is typically under $550, compared with $3,000-$5,000+ for an attorney. A stepparent adoption usually takes 3-6 months, and an adult adoption 4-8 weeks. After the adoption is final, the Pennsylvania Division of Vital Records handles the new birth certificate.

Where to confirm details. If you have a question about your age, your spouse's age, or the child's age that isn't answered here, call the Orphans' Court clerk in your county. For a contested or complicated case, an attorney can advise you on your specific facts.

How we help. StepParent Adoption 360 is a document preparation service, not a law firm.