State Laws and Legislation

Pennsylvania Adoption Law

Permits single LGBT individuals to petition to adopt? Yes.
Pennsylvania law permits any individual to petition to adopt. 23 PA. CONS. STAT. § 2312.

Permits a same-sex couple to jointly petition to adopt? No explicit prohibition.
At least one lower court seems to have concluded that same-sex couples can adopt a child.  It’s not entirely clear from the opinion, but the court may have granted a joint petition to adopt (as opposed to a second-parent adoption). In re Adoption of E.O.G., 28 Pa. D. & C.4th 262, (Pa. C.P. Ct. 1993).

Permits a same-sex co-parent to petition to adopt partner’s child or child of the relationship? Yes.
In 2002, the state Supreme Court ruled that a same-sex co-parent can petition to adopt his or her partner’s child(ren). In re Adoption of R.B.F. and R.C.F., 803 A.2d 1195, (Pa. 2002).


The legal information provided on this page is provided as a courtesy to the public. It is not designed to serve as legal advice. HRC does not warrant that this information is current or comprehensive. 

Last Updated: 12/14/2009 

Updated: Mon, December 14, 2009 - 12:00:33