Can Legal Guardian Place Child for Adoption?

Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

Question: My question is related to family law and I live in Pennsylvania. Can someone with legal custody of a child place that child for adoption once the birth parents rights have been terminated?

Answer: This is a highly fact-specific question, and as such you would need to speak with a family law attorney in Pennsylvania who has a knowledge of both adoption and, we infer, child protection services law. Generally speaking, biological parents are the ones who have the right to place their child for adoption, and where their rights have been terminated, it is usually by the state, at which point the state will assume dominion over the child under their power of parens patriae. Again, generally speaking, custody alone typically would not confer an ability to then have the child adopted; the person with custody would also need to be deemed the child’s parent, either biologically or through a previous adoption.