Wednesday, July 26, 2006

adoption - standing of aunt/uncle - agency consent to standing

In re Adoption of J.E.F. - Pennsylvania Supreme Court - July 18, 2006

majority - http://www.courts.state.pa.us/OpPosting/Supreme/out/J-5A-5C-2006mo.pdf
concurring - http://www.courts.state.pa.us/OpPosting/Supreme/out/J-5A-5C-2006co.pdf

Aunt and uncle of three children in the legal custody of a child welfare agency have standing to petition for adoption, despite agency's preference for other adoptive parents (foster parents) and the agency's refusal to consent to aunt/uncle's participation. The Adoption Act does not give agencies any "gatekeeping authority" over adoption petitions. It is the court rather than an agency or other entity which has the ultimate responsibility to determine what will be in the best interests of the adoptees.