§ 2512. Petition for involuntary termination.
(a) Who may file.--A petition to terminate parental rights with respect to a child under the age of 18
years may be filed by any of the following:
(1) Either parent when termination is sought with respect to the other parent.
(2) An agency.
(3) The individual having custody or standing in loco parentis to the child and who has
filed a report of intention to adopt required by section 2531 (relating to report
of intention to adopt).
(4) An attorney representing a child or a guardian ad litem representing a child who has
been adjudicated dependent under 42 Pa.C.S. § 6341(c) (relating to adjudication).
(b) Contents.--The following apply:
(1) The petition shall set forth specifically those grounds and facts alleged as the basis
for terminating parental rights.
(2) Except as provided in paragraph (3), the petition filed under this section shall also
contain an averment that the petitioner will assume custody of the child until such
time as the child is adopted.
(3) If the petitioner is a parent and section 2514 (relating to special provisions when
child conceived as a result of rape or incest) applies, or if the petitioner is an
agency, the petitioner shall not be required to aver that an adoption is presently
contemplated nor that a person with a present intention to adopt exists.
(c) Father not identified.--If the petition does not identify the father of the child, it shall state whether
a claim of paternity has been filed under section 8303 (relating to claim of paternity).
(Dec. 20, 1995, P.L.685, No.76, eff. 60 days; Oct. 29, 2020, P.L.780, No.95, eff.
60 days)
2020 Amendment. Act 95 amended subsec. (b). Section 3 of Act 95 provided that the amendment or addition
of subsec. (b) and section 2514 apply to petitions to involuntarily terminate parental
rights filed on or after the effective date of section 3.
1995 Amendment. Act 76 added subsec. (a)(4).
References in Text. Former section 8303, referred to in this section, is repealed. The subject matter
is now contained in section 5103.
Cross References. Section 2512 is referred to in sections 2513, 2521 of this title.
Notes of Decisions
Cited in
90
cases (
20 in the last 5 years), 1987–2026 · leading case:
In re T.S.M., 71 A.3d 251 (Pa. 2013).
In re T.S.M., 71 A.3d 251 (Pa. 2013).
· cites it 5× “23 Pa.C.S. § 2512(a)(3). Likewise, this Gourt has noted that a petition to terminate parental rights filed by a biological parent “is only cognizable when it is accompanied by a prospective stepparent’s intention to adopt the child,” noting that the public policy behind this…”
In Re Adoption of L.J.B., 18 A.3d 1098 (Pa. 2011).
· cites it 14× “§ 2512(b) (providing that, only if a children and youth agency is moving for termination may such termination proceed without a concomitant intent to adopt the child by a prospective stepparent).”
In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C., 145 A.3d 1117 (Pa. 2016).
· cites it 6× “With regard to the Act’s requirement that the termination petition be filed in contemplation of an adoption, see 23 Pa.C.S. § 2512(b), Mother and Grandfather also averred that they anticipated that Grandfather would adopt Children and co-parent with Mother.”
In re T.S., 192 A.3d 1080 (Pa. 2018).
“at 1090 ("there can be no conflict between an attorney's duty to advance a subjective preference on the child's part which is incapable of ascertainment, and an attorney's concurrent obligation to advocate for the child's best interests as she understands them to be"); see also…”
In Re Adoption of S.E.G., 901 A.2d 1017 (Pa. 2006).
· cites it 2× “" 23 Pa.C.S. § 2512(a). As with subsection (f), Mother cannot point to any provision in subsection (f.”
In Re: Adoption of: A.C., a minor, Appeal of: A.C., 162 A.3d 1123 (Pa. Super. Ct. 2017).
“In March 2016, counsel for Father sought to dismiss the Petition to Terminate Parental Rights, because it failed to comply with the Pennsylvania Adoption Act, 23 Pa.C.S. § 2512(b), which states that the petition shall set forth specifically those grounds and facts alleged as the…”
In Re Adoption of B.R.S., 11 A.3d 541 (Pa. Super. Ct. 2011).
· cites it 5× “Father countered on May 24, 2010, with a motion to quash Foster Parents’ petition because they lacked standing pursuant to 23 Pa.C.S. § 2512 to file a petition to involuntarily terminate his and Mother’s parental rights.”
In re Adoption of W.C.K., 748 A.2d 223 (Pa. Super. Ct. 2000).
· cites it 3× “23 Pa.C.S. § 2512(a). Mother argues that it is absurd to contend that the DeCostros have standing to terminate her parental rights to W.”
In re G.P.-R., 851 A.2d 967 (Pa. Super. Ct. 2004).
· cites it 3× “ld have been dismissed because it was in violation of the Fourteenth Amendment to the United States Constitution for the Agency and the Guardian Ad Litem to file a petition for termination of parental rights before Father had had adequate time to attempt reunification with his…”
In Re Adoption of J.F., 572 A.2d 223 (Pa. 1990).
· cites it 2× “had no right, under 23 Pa.C.S. § 2512, to petition for the involun *44 tary termination of appellant’s parental rights.”
— 23 Pa. Cons. Stat. § 2512(3) — 1 case
— 23 Pa. Cons. Stat. § 2512(a) — 16 cases
In re T.S., 192 A.3d 1080 (Pa. 2018).
“at 1090 ("there can be no conflict between an attorney's duty to advance a subjective preference on the child's part which is incapable of ascertainment, and an attorney's concurrent obligation to advocate for the child's best interests as she understands them to be"); see also…”
In Re Adoption of S.E.G., 901 A.2d 1017 (Pa. 2006).
“" 23 Pa.C.S. § 2512(a). As with subsection (f), Mother cannot point to any provision in subsection (f.”
In re Adoption of W.C.K., 748 A.2d 223 (Pa. Super. Ct. 2000).
“23 Pa.C.S. § 2512(a). Mother argues that it is absurd to contend that the DeCostros have standing to terminate her parental rights to W.”
— 23 Pa. Cons. Stat. § 2512(a)(1) — 8 cases
— 23 Pa. Cons. Stat. § 2512(a)(3) — 21 cases
In re T.S.M., 71 A.3d 251 (Pa. 2013).
“23 Pa.C.S. § 2512(a)(3). Likewise, this Gourt has noted that a petition to terminate parental rights filed by a biological parent “is only cognizable when it is accompanied by a prospective stepparent’s intention to adopt the child,” noting that the public policy behind this…”
In re Adoption of W.C.K., 748 A.2d 223 (Pa. Super. Ct. 2000).
“23 Pa.C.S. § 2512(a). Mother argues that it is absurd to contend that the DeCostros have standing to terminate her parental rights to W.”
In Re Adoption of B.R.S., 11 A.3d 541 (Pa. Super. Ct. 2011).
“Father countered on May 24, 2010, with a motion to quash Foster Parents’ petition because they lacked standing pursuant to 23 Pa.C.S. § 2512 to file a petition to involuntarily terminate his and Mother’s parental rights.”
— 23 Pa. Cons. Stat. § 2512(b) — 45 cases
In re T.S.M., 71 A.3d 251 (Pa. 2013).
“23 Pa.C.S. § 2512(a)(3). Likewise, this Gourt has noted that a petition to terminate parental rights filed by a biological parent “is only cognizable when it is accompanied by a prospective stepparent’s intention to adopt the child,” noting that the public policy behind this…”
In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C., 145 A.3d 1117 (Pa. 2016).
“With regard to the Act’s requirement that the termination petition be filed in contemplation of an adoption, see 23 Pa.C.S. § 2512(b), Mother and Grandfather also averred that they anticipated that Grandfather would adopt Children and co-parent with Mother.”
In Re Adoption of L.J.B., 18 A.3d 1098 (Pa. 2011).
“§ 2512(b) (providing that, only if a children and youth agency is moving for termination may such termination proceed without a concomitant intent to adopt the child by a prospective stepparent).”
In Re: Adoption of: A.C., a minor, Appeal of: A.C., 162 A.3d 1123 (Pa. Super. Ct. 2017).
“In March 2016, counsel for Father sought to dismiss the Petition to Terminate Parental Rights, because it failed to comply with the Pennsylvania Adoption Act, 23 Pa.C.S. § 2512(b), which states that the petition shall set forth specifically those grounds and facts alleged as the…”
— 23 Pa. Cons. Stat. § 2512(b)(1) — 1 case
— 23 Pa. Cons. Stat. § 2512(b)(2) — 3 cases
— 23 Pa. Cons. Stat. § 2512(b)(3) — 3 cases
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