We divorced and remarried — can my spouse adopt my child now in Pennsylvania?

Yes. In Pennsylvania, your spouse can ask the Orphans' Court to approve a stepparent adoption of your child, and having divorced and remarried does not change that. What matters is that you and your spouse are legally married now. Pennsylvania recognizes valid marriages for stepparent adoption purposes, and the state's stepparent adoption requirements do not list a prior divorce as a barrier.

What your history does change: If the child's other parent is your former spouse, that parent's rights are the main issue to address. Pennsylvania requires the other parent's consent, or a finding that the parent abandoned the child.

• Consent: Parents' consent is part of the process for a child under 18 (23 Pa.C.S. § 2711).
• Abandonment: Pennsylvania uses a 6-month period (23 Pa.C.S. § 2511). Courts look at the whole relationship, not just money.
• Child support: A parent who pays support is not automatically protected from an abandonment finding if they have otherwise failed to stay meaningfully involved.
• If the other parent objects: The adoption can still be granted if abandonment is proven, but a contested case depends on your facts. Talk to an attorney or the Orphans' Court clerk about that specific issue.
• If you can't find the other parent: Pennsylvania has procedures for notice by publication. Ask the clerk in your county how to handle it.

Other requirements:

• Residency: Pennsylvania sets no minimum residency period (23 Pa.C.S. § 2302).
• Child's consent: If your child is 12 or older, the child's consent is required (23 Pa.C.S. § 2711).
• Home study: It is waived in stepparent adoptions (23 Pa.C.S. § 2531(c); § 2535(a)).
• Court: Your petition goes to the Orphans' Court in your county. Pennsylvania has 67 counties, and the clerk can tell you about local filing procedures.

Timeline and cost: Stepparent adoptions typically take 3-6 months. Court filing fees generally run $200-$500, and the total is typically under $550. Hiring an attorney commonly costs $3,000-$5,000+.

Questions to confirm locally: Pennsylvania's information doesn't say how a prior divorce decree, custody order, or support order might factor into your specific case.