Adoption of: M.C.F., Appeal of: C.F.
230 A.3d 1217
Pa. Super. Ct.2020Background
- Mother petitioned to involuntarily terminate Father’s parental rights to their two young children so her fiancé, T.B., could adopt them; petitions filed Dec 2018–Jan 2019.
- Orphans’ Court granted termination petitions on June 20, 2019; Father appealed.
- On appeal, Father initially submitted an Anders brief; the Superior Court conducted independent review and remanded for counsel to file an advocate’s brief.
- After remand, Mother’s counsel informed the Court that Mother and T.B. had separated and T.B. no longer intended to adopt.
- Because a prospective stepparent’s intent to adopt is a jurisdictional prerequisite to involuntary termination by a parent (and because Mother and T.B. were not married when petitions were filed), the court vacated the termination orders and remanded for an evidentiary hearing to determine the current status of the relationship and T.B.’s intent.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a termination petition is cognizable where petitioner alleges a fiancé (not spouse) intends to adopt | Mother: T.B.’s stated intent to adopt makes the petitions cognizable | Father: Petitions not cognizable because Adoption Act contemplates adoption by a spouse; marriage or statutory good cause required | Court flagged the cognizability issue on remand but did not decide it on the merits; directed further proceedings to resolve status and intent issues |
| Whether termination must be vacated when a prospective stepparent later withdraws intent to adopt | Mother: Proceeding should continue or termination stand | Father: Per In re L.J.B., termination is improper if prospective stepparent no longer intends to adopt; vacate/dismiss | Court vacated termination orders and remanded for an evidentiary hearing; if T.B. no longer intends to adopt or relationship ended, court must dismiss as moot per L.J.B. |
Key Cases Cited
- In re Adoption of L.J.B., 18 A.3d 1098 (Pa. 2011) (termination is only cognizable where a prospective stepparent intends to adopt; if that intent disappears, termination must be vacated and matter dismissed)
- Anders v. California, 386 U.S. 738 (U.S. 1967) (framework for counsel seeking to withdraw when appeal is frivolous)
- Commonwealth v. Flowers, 113 A.3d 1246 (Pa. Super. 2015) (discussing appellate court’s independent review when counsel seeks to withdraw)
- Commonwealth v. Tukhi, 149 A.3d 881 (Pa. Super. 2016) (requirements for an advocate’s brief when an Anders brief is rejected)