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Home Study - Pennsylvania and beyond

jenniferuc23jenniferuc23 Junior Member Junior Member
I am in the middle of adopting the child my partner had six months ago. We have no reason to believe the adoption will not go through, however we are fighting the common practice of needing to have a home study prior. Due to the fact that PA does not recognize marriage between same sex couples we are unable to legally go forward with a "Step Parent" adoption - which does not require a home study. The thinking behind this is that there is a biological parent involved and therefore no study needs to happen.
With the exception of the marriage component this is the same thing but b/c there is no law that states same sex couples with a biological parent are absolved from the home study we may have to have one anyway. I find this completely unfair and ridiculous. Our attorney is going about it as if we should not need a home study and I ask any Pennsylvania residents out there who have gone through a similar adoption - were you able to adopt your partner's child without a home study? If you were please let me know - it would be quite useful for both my attorney and the judge deciding this "exception."
Thank you,
Jennifer

Comments

  • cmrjkmcmrjkm Junior Member Junior Member
    Hi Jennifer,

    Our little one was delivered by my partner a month ago today. (woo hoo!) We're getting ready to do the second parent adoption with me, and my lawyer (who has handled many of these - she is gay and so has many of us as clients) says there's no way around it. Because PA affirmatively disavows the possibility of same sex marriage recognition, we're out of luck. I'm not happy about the home visit, but my lawyer has cultivated a relationship with a woman who does home visits for folks in our situation often ... and who understands.

    We're in southeastern PA, so if you're in the general vicinity, I can give you the reference to my lawyer, if that would help.

    -christy
  • tdub1127tdub1127 Junior Member
    Hi Jennifer-
    We're slowly going about this process as well and were advised the same. There is no loophole around the home study process.

    Best of luck to both of you!
    Tammy
    Mom of 19 month old twins
  • heidibeeheidibee Member Member
    We are in the Harrisburg area and we had to have a home study for my wife to adopt our son. Our lawyer uses the same firm and the same case worker so she was familiar with same sex adoption cases. She asked some basic questions, looked at his room, and left. It was not like an outside adoption where they have to check out everything because the baby already lives there. I think some friends of mine did not have to do the study because they had paperwork done before the baby was born that stated how the birth certificate should be filled out. They also had special circumstances because S donated and egg for W to carry. The hardest part about our adoption was getting the birth certificate back. It took 7 months to get the paperwork filled out right. I had to be listed as the adoptive mom and she had to be listed on the adoptive father side, crossed out and Mother written in. I was more jacked out being listed as the adoptive mom. And when the certificate came back it says Parent 1 and Parent 2. But we are thankful she was able to adopt him.
  • jackiew00021jackiew00021 Junior Member
    We are in Southeastern PA and were told the same, there is no way around it. The whole this is ridiculous if you ask me.
  • jenniferuc23jenniferuc23 Junior Member Junior Member
    I wanted to follow up with some information from my previous post re: home study exceptions in Pennsylvania. We were granted an exception by the court that allowed us to move forward with the adoption without a home study. My attorney focused on the fact that there was a biological parent involved and b/c there is no concrete law on the books that states we do or do not need a home study the court should grant us the exception. It also helped in our situation that we had been together nearly 17 years and we even held a commitment ceremony so there was a clear solidity to our relationship.
    There is nothing in the law that states a home study must be done - it seems it is up to the judge's discretion. If people are being told there is "no way around it" I guess my case proves there is. I feel this is great progress and encourage all to use this information to their advantage, if appropriate.

    Good luck,
    Jennifer
  • heidibeeheidibee Member Member
    Thank you. That is good to know if we have another and have to go through the adoption process again.
  • thewonderpetsthewonderpets Junior Member Junior Member
    Hi,

    My experience will hopefully help you out.

    My partner gave birth to our daughter. We have an amazing attorney who handles many same sex adoptions. We live in Bucks County, and were told that the home studies are related to the county that you give birth in. Because of this, we chose to give birth in Philadelphia because Philly does not require any home studies. Bucks County requires 3 and Montgomery County requires 2. So, here we are only 10 minutes from Doylestown Hospital and we had to go all the way to Philly to give birth. Even though she gave birth to her, my wife and I both had to legally adopt her. That being said, in Phlly the birthday certificates say Parent 1 and Parent 2 with both of our names. In fact, my name is listed first.

    I hope this helps.
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