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Weekly Caselaw Updates

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In re D.G.J.

This case presented the Pennsylvania Superior Court with a factual scenario of first impression—U.S. citizens sought to adopt their foreign-born nephew, who has been residing with them in the U.S. on a non-immigrant visa, where there is no foreign adoption decree made or entered into in conformity with the laws…

This case presented the Pennsylvania Superior Court with a factual scenario of first impression—U.S. citizens sought to adopt their foreign-born nephew, who has been residing with them in the U.S. on a non-immigrant visa, where there is no foreign adoption decree made or entered into in conformity with the laws of the child’s home country.… Continue reading In re D.G.J.

This case involved the mother and step-father of two children who filed a petition to terminate the parental rights of the children’s father after he did not have contact with the children for well over six months. Section 2511 of the Adoption Act permits the termination of parental rights upon proof that the parent refused… Continue reading In re L.A.K.

The Pennsylvania Superior Court affirmed an order from the Orphans’ Court that involuntarily terminated a mother’s parental rights and changed the children’s permanency goal to adoption. On appeal, the mother argued that the Orphans’ Court improperly utilized a “fault based analysis”, and the mother stressed that ruling that severing from the children would not be… Continue reading In re L.W.

A mother with Lupus voluntarily terminated her parental rights so her parents could adopt her child. But the mother intended to maintain her parental role. The move was designed to ensure that if the mother’s condition were fatal, the child would remain with the grandparents and stay in a stable environment. Meanwhile, the father petitioned… Continue reading In re C.M.

In re Adoption of A.H.
Pennsylvania Superior Court

In re adoption of A.H. involved Mother’s appeal of the Orphans’ Court decree terminating her rights to her 11-year-old  son pursuant to the Adoption Act. The Pennsylvania Superior Court affirmed, concluding that the record supported the Orphans’ Court’s decision that Mother was incapable of parenting, under 23 Pa.C.S. § 2511(a)(2). To the extent that Mother… Continue reading In re Adoption of A.H.

In re Adoption of K.M.G.
Pennsylvania Supreme Court

The Pennsylvania Supreme Court used In re Adoption of K.M.G. as a vehicle to answer the question: “[W]hether reviewing courts must determine sua sponte whether a conflict existed in an attorney’s representation of a child’s best interests and legal interests and whether counsel’s advocacy for the child’s legal interests included placing the child’s preferred outcome… Continue reading In re Adoption of K.M.G.

In re Adoption of a Child by C.J.
New Jersey Appellate Division

In re Adoption of a Child by C.J. required the Appellate Division to assess whether the Chancery Court properly found that a biological mother failed to affirmatively assume the duties of a parent. The Court began by noting that the termination of parental rights implicates fundamental liberty interests, which are protected by the United States… Continue reading In re Adoption of a Child by C.J.

In re JWB & RDB
Pennsylvania Supreme Court

Father, a Colorado resident, executed a consent to adoption to allow his children’s step-father to adopt them. The consent complied with Pennsylvania’s Adoption Act. But it did not comply necessarily with Colorado’s corollary statute. Father later tried to revoke that consent and claimed that, under Section 2711(c) of the Adoption Act, he was entitled to… Continue reading In re JWB & RDB