Adoption laws vary greatly from state to state. It’s best to learn your state’s specific adoption laws. If you end up getting matched with a child outside of your state, you should familiarize yourself with the adoption laws of that state as well. One aspect of adoption law that varies the most is the revocation period. This is how much time a state gives a birth mother or birth father to change their mind after signing consents for adoption. For the purposes of this blog, we are only going to discuss Pennsylvania’s Revocation Period. Down below you’ll find out who can sign consents, when consents can be signed, and what happens after the revocation period.
Who Can Sign Consents?
The birth mother and birth father of the child are required to sign consents. It is also possible for the birth father’s right to be involuntarily terminated without his consent. This depends on if he does not live with the child and is not married to the child’s mother. His rights can also be involuntarily terminated if the birth father has not made any effort to contact or provide financial support for 4 months. This is also called the Abandonment Period.
When does this happen?
A birth father can sign his consents before or immediately after birth. However, the birth mother is required to wait 72 hours after birth before signing.
The Revocation Period
Pennsylvania is among the few states that give birth parents 30 days to revoke their consent. Birth parents are given additional time if they have a claim of fraud or duress. The revocation period also cannot be waived in Pennsylvania. Birth parents’ consent is revocable if the court finds any fraud or duress. A petition must be filed within 60 days of the birth or the execution of consents (whichever is later). Or a petition must be filed 30 days after entering an adoption decree (whichever is earlier).
The Court Hearing
A court hearing will be held for the termination of parental rights. Birth parents are not required to attend, but they are required to receive notice of this hearing. The notice is typically sent via mail 10 days prior to the hearing and can also be signed in person.