In Re: Adopt. of M.R.D. and T.M.D. Appeal of: M.C.
2016 Pa. LEXIS 1903
| Pa. | 2016Background
- Mother (M.D.) lived with paternal absence of Father (M.C.); Father had minimal contact/support with twin boys for ~8 years before petition.
- Maternal Grandfather (M.D.) performed extensive, ongoing parental roles and financial support; Mother lived with/near him for years.
- Mother and Grandfather filed a petition to terminate Father’s parental rights and for Grandfather to adopt the children so Mother could co-parent with him without relinquishing her rights.
- Orphans’ court found grounds for termination under 23 Pa.C.S. § 2511(a)(1) and concluded “cause” under § 2901 allowed Grandfather to adopt despite Mother retaining rights.
- Superior Court (en banc) affirmed; Father appealed to the Pennsylvania Supreme Court on the narrow legal question whether a parent may show “cause” under § 2901 to waive the relinquishment requirement so a grandparent can adopt while the parent retains rights.
- Supreme Court held § 2901 does not permit a mother to avoid the Adoption Act’s relinquishment requirement in order for her father to adopt and co-parent; therefore the adoption (and parent-filed termination) was not cognizable and termination was reversed.
Issues
| Issue | Mother/Grandfather’s Argument | Father’s Argument | Held |
|---|---|---|---|
| Whether § 2901 "cause" can waive § 2711 relinquishment so a grandparent may adopt while the biological parent retains rights | § 2901 allows waiver because Grandfather functionally already forms an "intact family unit" with Mother and children; adoption would formalize stability | Waiver impermissible: Adoption Act requires relinquishment except for spousal exception; permitting waiver here would undermine the statute and allow gamesmanship | Held: No — § 2901 does not excuse the relinquishment requirement in this parent–grandparent co-parenting scenario; adoption cannot proceed |
| Whether an anticipated valid adoption exists (required for a parent-filed termination under § 2512(b)) | An adoption by Grandfather is anticipated; thus petition to terminate Father is cognizable | Without proper relinquishment the adoption is invalid; parent-filed termination is not cognizable | Held: No valid anticipated adoption absent relinquishment; termination petition not cognizable |
| Whether permitting this adoption would serve the purpose of relinquishment (establishing a new family unit/new parent–child relationship) | Grandfather’s long-term parenting role creates a new family unit even without cohabitation; modern families vary | Grandfather–Mother relationship is vertical (parent/child), not a horizontal co-parenting partnership; adoption would create legal/relational confusion and enable misuse of TPR process | Held: Adoption would not effect the statutory purpose; it would create hybrid/confusing relationships and risk misuse |
| Whether the orphans’ court’s factual findings about Father’s abandonment and Grandfather’s role justified termination despite procedural defect | Termination on merits appropriate because Father abandoned children and adoption would be in children’s best interests | Procedural requirement (anticipated lawful adoption) is jurisdictional for parent-filed TPR; merits cannot cure statutory noncompliance | Held: Procedural/statutory requirement controls; merits do not cure absence of a lawful anticipated adoption, so termination reversed |
Key Cases Cited
- In re Adoption of R.B.F., 803 A.2d 1195 (Pa. 2002) (§ 2901 permits trial court discretion to waive certain statutory adoption requirements upon a showing of cause)
- In re Adoption of L.J.B., 18 A.3d 1098 (Pa. 2011) (purpose of involuntary termination in adoption context is to protect integrity and stability of a new family unit)
- In re B.E., 377 A.2d 153 (Pa. 1977) (adoption-based TPR is to permit creation of a new parent–child relationship; no termination where no new relationship is contemplated)
- In re Adoption of J.D.S., 763 A.2d 867 (Pa.Super. 2000) (stepparent adoption while separated may be invalid; cohabitation and intact family considerations relevant)
- In re Adoption of J.M., 991 A.2d 321 (Pa.Super. 2010) (discusses threshold question of showing cause for a grandparent adoption; court declined rigid cohabitation requirement)