Background

• Mother petitioned to involuntarily terminate Father's parental rights to Child premised on an anticipated adoption by Mother's domestic partner, S.S.
• Child, born in 2008, lived with Mother and other relatives in Clarion County; Father had minimal contact since August 2009 and provided little support.
• Mother and S.S. formed a long-term relationship, married in December 2011, and cohabited with Child in the maternal grandmother’s home; S.S. had not testified about adoption intentions.
• Orphans’ Court denied the petition, finding Father had a settled relinquishment, Child was well cared for, but S.S.’s intended adoption was not sufficiently proven to be likely or in Child’s best interests.
• GAL argued the court erred by treating S.S. as a non-spouse and by not requiring more direct evidence of adoption intentions; Father contended the court properly denied termination given the lack of a viable adoption plan.
• On appeal, the central issues were whether the court erred in denying termination without adequate evidence of contemplated adoption, and whether such anticipated adoption could support termination under the Adoption Act.

Issues

Key Cases Cited

• In re Adoption of J.F.D., 782 A.2d 564 (Pa. Super. 2001) (adoption Act prerequisites; need for contemplated adoption in termination context)
• In re Adoption of L.J.B., 18 A.3d 1108 (Pa. 2013) (contemplated adoption required; termination tied to likelihood of adoption and new family unit)
• In re S.D.T., Jr., 934 A.2d 703 (Pa. Super. 2007) (standard of review and deference to Orphans’ Court credibility findings)
• In re C.L.G., 956 A.2d 999 (Pa. Super. 2008) (discussion of termination standards and welfare focus for child)
• In re Adoption of R.B.F., 803 A.2d 1199 (Pa. 2002) (non-spouse adoptions and parental rights considerations)
• In re B.E., 474 Pa. 139 (Pa. 1977) (plan for adoption as prerequisite to termination in step/other non-biological contexts)