What if the biological parent lives in Pennsylvania but I live in another state?

Pennsylvania sets no minimum residency period for stepparent adoption (23 Pa.C.S. § 2302), but which court should hear your case when you live in another state depends on your facts. The Orphans' Court clerk in the Pennsylvania county involved, or an attorney, can confirm that before you file.

Where the case is heard. Pennsylvania adoptions go through the Orphans' Court in one of its 67 counties. Which county, and whether a Pennsylvania court is the right place when you and the child live elsewhere, is a point to settle with the clerk or an attorney. If your case ends up in another state's court, that state's rules will apply, and the Pennsylvania details below may not.

If your case is in Pennsylvania, here is what applies:

• Residency: There is no minimum residency period.
• Abandonment: The period in Pennsylvania's abandonment provision is 6 months (23 Pa.C.S. § 2511). Courts look at the parent's whole relationship with the child, not only financial contributions, so paying child support does not automatically prevent an abandonment finding.
• Child's consent: A child who is 12 or older must consent (23 Pa.C.S. § 2711).
• Home study: It is waived in stepparent adoptions (23 Pa.C.S. § 2531(c); § 2535(a)).
• Timeline: Stepparent adoptions typically take 3-6 months.
• Cost: Court filing fees run $200-$500, and the typical total is under $550. Attorney representation is typically $3,000-$5,000+.

If the other parent lives in Pennsylvania. Their location matters mainly for consent and notice. Pennsylvania requires proper notice to the other biological parent, and it requires their consent unless abandonment is proven. If a parent objects, Pennsylvania courts will still grant the adoption when abandonment is proven, and the key is showing a lack of meaningful involvement over time. Whether your own situation meets that standard depends on your facts, so an attorney is the right person to ask about a contested case.

If you don't know where the parent is. Pennsylvania has procedures for serving notice by publication when a parent cannot be located, and that effort can support an abandonment case. The details of how to do it in your situation are best confirmed with the Orphans' Court clerk or an attorney.

What to ask the clerk.

• Which county's Orphans' Court is correct for your situation
• How notice should be delivered to a parent who lives in Pennsylvania while you live elsewhere
• Whether a consent signed by the parent outside the courtroom is acceptable, and what form it must take

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