Pa. Cons. Stat. » 23 Pa. Cons. Stat. (DOMESTIC RELATIONS) / Chapter 25

23 Pa. Cons. Stat. § 2521

 Effect of decree of termination.

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SUBCHAPTER C

DECREE OF TERMINATION

 

Sec.

2521.  Effect of decree of termination.

§ 2521.  Effect of decree of termination.

(a)  Adoption proceeding rights extinguished.--A decree terminating all rights of a parent or a decree terminating all rights and duties of a parent entered by a court of competent jurisdiction shall extinguish the power or the right of the parent to object to or receive notice of adoption proceedings.

(b)  Award of custody.--The decree shall award custody of the child to the agency or the person consenting to accept custody under section 2501 (relating to relinquishment to agency) or section 2502 (relating to relinquishment to adult intending to adopt child) or the petitioner in the case of a proceeding under section 2512 (relating to petition for involuntary termination).

(c)  Authority of agency or person receiving custody.--An agency or person receiving custody of a child shall stand in loco parentis to the child and in such capacity shall have the authority, inter alia, to consent to marriage, to enlistment in the armed forces and to major medical, psychiatric and surgical treatment and to exercise such other authority concerning the child as a natural parent could exercise.

Notes of Decisions
Cited in 11 cases (1 in the last 5 years), 1982–2025 · leading case: In Re Adoption of J.E.F.
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In Re Adoption of J.E.F. (2006) pa · cites it 8× “23 Pa.C.S. § 2521(b). By contrast, appellees argue, guardianship status may only be acquired by way of a specific decree from the Orphans' Court.”
Lehman Ex Rel. Lehman v. Lycoming County Children's Services Agency (1982) scotus · cites it 2× “Yet because unadopted children whose ties with their natural parents have been severed are wards of the State, the State decides where they will live, reserves the right to move them to new physical settings at will, and consents to their marriage, their enlistment in the Armed…”
In Re Adoption of Hess (1992) pa · cites it 4× “In 23 Pa.C.S. § 2521(a) it is provided that a decree terminating parental rights "shall extinguish the power or the right of the parent to object to or receive notice of adoption proceedings.”
Brittany Morrow v. Barry Balaski (2013) ca3 “16 When a state agency has custody of a minor child for whom a decree of termination of parental rights has been entered, the agency acquires authority to consent to all medical examination or treatment, including major medical, psychiatric and surgical treatment of the minor…”
In Re Adoption of Hess (1989) pa · cites it 4× “A decree terminating their parental rights was entered pursuant to 23 Pa.C.S. § 2521, custody of Melanie and Matthew was given to the Agency, and the Agency placed the children with proposed adoptive parents who filed a petition for adoption.”
In Re Adoption of J.E.F. (2004) pasuperct · cites it 2× “23 Pa.C.S. § 2521(a). However, the Adoption Act does not preclude other relatives of the child from participating in adoption proceedings after the rights of the child’s parents have been terminated and before a final decree of adoption has been entered.”
In the Interest of: H.K., a minor, Appeal of: R.L. (2017) pasuperct “” 23 Pa.C.S. § 2521(a); see also In re Adoption of G.”
In Re the Adoption of A.M.T. (2002) pasuperct “23 Pa.C.S. § 2521(a). However, the Adoption Act does not preclude other relatives of the child from participating in adoption proceedings after the rights of the child’s parents have been terminated and before a final decree of adoption has been entered.”
Washington Couny CYF v. Gallagher, J. (2025) pasuperct · cites it 2× “23 Pa.C.S. § 2521(c); see In re Adoption of Hess, 608 A.”
In Re: Adoption of: N.S.B. Appeal of: N.D. (2017) pasuperct “23 Pa.C.S. § 2521(b) -4- J-S41018-17 However, the law acknowledges the potential that a custodial parent can deliberately create obstacles and erect barriers intended to impede free communication and regular association between a non-custodial parent and his or her child.”
Monroe County Children & Youth Services v. Werkheiser (1991) pactcomplmonroe “The Adoption Act provides in further pertinent part as follows: “(a) Adoption proceeding rights extinguished — A decree terminating all rights of a parent or a decree terminating all rights and duties of a parent entered by a court of competent jurisdiction shall extinguish the…”
— 23 Pa. Cons. Stat. § 2521(a) — 5 cases
In Re Adoption of Hess (1992) pa “In 23 Pa.C.S. § 2521(a) it is provided that a decree terminating parental rights "shall extinguish the power or the right of the parent to object to or receive notice of adoption proceedings.”
In Re Adoption of Hess (1989) pa “A decree terminating their parental rights was entered pursuant to 23 Pa.C.S. § 2521, custody of Melanie and Matthew was given to the Agency, and the Agency placed the children with proposed adoptive parents who filed a petition for adoption.”
In the Interest of: H.K., a minor, Appeal of: R.L. (2017) pasuperct “” 23 Pa.C.S. § 2521(a); see also In re Adoption of G.”
In Re Adoption of J.E.F. (2004) pasuperct “23 Pa.C.S. § 2521(a). However, the Adoption Act does not preclude other relatives of the child from participating in adoption proceedings after the rights of the child’s parents have been terminated and before a final decree of adoption has been entered.”
In Re the Adoption of A.M.T. (2002) pasuperct “23 Pa.C.S. § 2521(a). However, the Adoption Act does not preclude other relatives of the child from participating in adoption proceedings after the rights of the child’s parents have been terminated and before a final decree of adoption has been entered.”
— 23 Pa. Cons. Stat. § 2521(b) — 3 cases
In Re Adoption of J.E.F. (2006) pa “23 Pa.C.S. § 2521(b). By contrast, appellees argue, guardianship status may only be acquired by way of a specific decree from the Orphans' Court.”
In Re Adoption of J.E.F. (2004) pasuperct “23 Pa.C.S. § 2521(a). However, the Adoption Act does not preclude other relatives of the child from participating in adoption proceedings after the rights of the child’s parents have been terminated and before a final decree of adoption has been entered.”
In Re: Adoption of: N.S.B. Appeal of: N.D. (2017) pasuperct “23 Pa.C.S. § 2521(b) -4- J-S41018-17 However, the law acknowledges the potential that a custodial parent can deliberately create obstacles and erect barriers intended to impede free communication and regular association between a non-custodial parent and his or her child.”
— 23 Pa. Cons. Stat. § 2521(c) — 4 cases
In Re Adoption of J.E.F. (2006) pa “23 Pa.C.S. § 2521(b). By contrast, appellees argue, guardianship status may only be acquired by way of a specific decree from the Orphans' Court.”
Brittany Morrow v. Barry Balaski (2013) ca3 “16 When a state agency has custody of a minor child for whom a decree of termination of parental rights has been entered, the agency acquires authority to consent to all medical examination or treatment, including major medical, psychiatric and surgical treatment of the minor…”
In Re Adoption of Hess (1992) pa “In 23 Pa.C.S. § 2521(a) it is provided that a decree terminating parental rights "shall extinguish the power or the right of the parent to object to or receive notice of adoption proceedings.”
Washington Couny CYF v. Gallagher, J. (2025) pasuperct “23 Pa.C.S. § 2521(c); see In re Adoption of Hess, 608 A.”
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