Family Law

New Developments in the Area of Adoption Law

By Fox Rothschild

In December, 2007 I blogged on the issue of having a child through surrogacy or adoption. In that blog, I noted that the time in which biological parents can challenge their consent to adoption is quite long in Pennsylvania. Recently, the Pennsylvania Superior Court issued a new opinion which shortens the time period by interpreting the law in a stricter fashion. This latest look at existing Pennsylvania adoption law requires all challenges, except for fraud and/or duress, to be made by the biological parents within 30 days of their signing a consent to adoption. There is no exception for technical errors in the drafting of the consent. Further, any challenge to the Consent because of fraud or duress must be made within 60 days. If courts strictly construe these time frames, as the Superior Court now has done, Pennsylvania adoptions will not be challenged as much as they once were.

These concerns arise in private adoptions much more frequently than in agency adoptions. However, it is still true that the overwhelming majority of all adoptions proceed without any problems. 

Full post as published by Pennsylvania Family Law on March 23, 2008 (boomark / email).