Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 2711 (2026)

Consents necessary to adoption.

✓ current as of May 2026

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SUBCHAPTER B

CONSENTS

Sec.

2711. Consents necessary to adoption.

2712. Consents not naming adopting parents.

2713. When other consents not required.

2714. When consent of parent not required.

§ 2711. Consents necessary to adoption.

(a) General rule.--Except as otherwise provided in this part, consent to an adoption shall be required of the following:

(1) The adoptee, if over 12 years of age.

(2) The spouse of the adopting parent, unless they join in the adoption petition.

(3) The parents or surviving parent of an adoptee who has not reached the age of 18 years.

(4) The guardian of an incapacitated adoptee.

(5) The guardian of the person of an adoptee under the age of 18 years, if any there be, or of the person or persons having the custody of the adoptee, if any such person can be found, whenever the adoptee has no parent whose consent is required.

(b) Husband of natural mother.--The consent of the husband of the mother shall not be necessary if, after notice to the husband, it is proved to the satisfaction of the court by evidence, including testimony of the natural mother, that the husband of the natural mother is not the natural father of the child. Absent such proof, the consent of a former husband of the natural mother shall be required if he was the husband of the natural mother at any time within one year prior to the birth of the adoptee.

(c) Validity of consent.--No consent shall be valid if it was executed prior to or within 72 hours after the birth of the child. A putative father may execute a consent at any time after receiving notice of the expected or actual birth of the child. Any consent given outside this Commonwealth shall be valid for purposes of this section if it was given in accordance with the laws of the jurisdiction where it was executed. A consent to an adoption may only be revoked as set forth in this subsection. The revocation of a consent shall be in writing and shall be served upon the agency or adult to whom the child was relinquished. The following apply:

(1) Except as otherwise provided in paragraph (3):

(i) For a consent to an adoption executed by a birth father or a putative father, the consent is irrevocable more than 30 days after the birth of the child or the execution of the consent, whichever occurs later.

(ii) For a consent to an adoption executed by a birth mother, the consent is irrevocable more than 30 days after the execution of the consent.

(2) An individual may not waive the revocation period under paragraph (1).

(3) Notwithstanding paragraph (1), the following apply:

(i) An individual who executed a consent to an adoption may challenge the validity of the consent only by filing a petition alleging fraud or duress within the earlier of the following time frames:

(A) Sixty days after the birth of the child or the execution of the consent, whichever occurs later.

(B) Thirty days after the entry of the adoption decree.

(ii) A consent to an adoption may be invalidated only if the alleged fraud or duress under subparagraph (i) is proven by:

(A) a preponderance of the evidence in the case of consent by a person 21 years of age or younger; or

(B) clear and convincing evidence in all other cases.

(d) Contents of consent.--

(1) The consent of a parent of an adoptee under 18 years of age shall set forth the name, age and marital status of the parent, the relationship of the consenter to the child, the name of the other parent or parents of the child and the following:

I hereby voluntarily and unconditionally consent to the adoption of the above named child.

I understand that by signing this consent I indicate my intent to permanently give up all rights to this child.

I understand such child will be placed for adoption.

I understand I may revoke this consent to permanently give up all rights to this child by placing the revocation in writing and serving it upon the agency or adult to whom the child was relinquished.

If I am the birth father or putative father of the child, I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after either the birth of the child or my execution of the consent, whichever occurs later, by delivering a written revocation to (insert the name and address of the agency coordinating the adoption) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or prospective adoptive parent of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed).

If I am the birth mother of the child, I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after executing it by delivering a written revocation to (insert the name and address of the agency coordinating the adoption) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or prospective adoptive parent of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed).

I have read and understand the above and I am signing it as a free and voluntary act.

(2) The consent shall include the date and place of its execution and names and addresses and signatures of at least two persons who witnessed its execution and their relationship to the consenter. The consent of an incarcerated parent of an adoptee may be witnessed by a correctional facility employee designated by the correctional facility. Any consent witnessed by a correctional facility employee shall list the address of the correctional facility on the consent.

(3) In lieu of two witnesses a consent may be acknowledged before a notary public.

(June 23, 1982, P.L.617, No.174, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days; Mar. 24, 2004, P.L.159, No.21, eff. 60 days; July 2, 2019, P.L.336, No.47, eff. 60 days)

2019 Amendment. Act 47 amended subsec. (d)(2) and added subsec. (d)(3).

2004 Amendment. Act 21 amended subsecs. (c) and (d)(1). Section 2 of Act 21 provided that the amendment of subsecs. (c) and (d)(1) shall apply to adoptions which are initiated on or after the effective date of section 2.

1992 Amendments. Act 24 amended subsec. (a) and Act 34 amended subsecs. (c) and (d).

Cross References. Section 2711 is referred to in sections 2504, 2533, 2534, 2701, 2702 of this title.

Notes of Decisions

Cited in 57 cases (11 in the last 5 years), 1987–2026 · leading case: In Re Adoption of S.A.J., 838 A.2d 616 (Pa. 2003).

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In Re Adoption of S.A.J., 838 A.2d 616 (Pa. 2003). · cites it 4× “23 Pa.C.S. §§ 2711(a)(3), 2714. Notice of the proceeding is to be given only to those persons whose consents are required and to such other persons as the court directs.”

In Re: R.L. minor, Appeal of Washington Cnty. CYS, 172 A.3d 665 (Pa. Super. Ct. 2017). · cites it 6× “After careful review, we conclude that, pursuant to 23 Pa.C.S. § 2711(c), Father’s revocation was untimely.”

In Re Adoption of J.E.F., 902 A.2d 402 (Pa. 2006). · cites it 4× “23 Pa.C.S. § 2711(a)(5). The language of section 2711(a)(5) may be susceptible to more than one interpretation.”

In the Int. of: D.R.-W., a Minor Appeal of: D.W., 227 A.3d 905 (Pa. Super. Ct. 2020). “See 23 Pa.C.S. § 2711(a) (“[C]onsent to an adoption shall be required of .”

In Re Adoption of Hess, 608 A.2d 10 (Pa. 1992). · cites it 4× “23 Pa.C.S. § 2711(a). [4] The court then holds a hearing for a final determination of whether the adoption decree should be entered.”

In Re Adoption of C.C.G., 762 A.2d 724 (Pa. Super. Ct. 2000). · cites it 8× “*731 ¶ 3 I respectfully dissent from my distinguished colleagues' Majority Opinion for three reasons: (1) the Majority's strict construction of 23 Pa.C.S. § 2711 contravenes the mandate of the Statutory Construction Act, 1 Pa.”

In Re Adoption of R.B.F., 762 A.2d 739 (Pa. Super. Ct. 2000). · cites it 8× “¶ 3 I respectfully dissent from my distinguished colleagues' Majority Opinion for three reasons: (1) the Majority's strict construction of 23 Pa.C.S. § 2711 contravenes the mandate of the Statutory Construction Act, 1 Pa.”

In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C., 145 A.3d 1117 (Pa. 2016). “See 23 Pa.C.S. § 2711(a)(3), (d)(1) (requiring a parent to relinquish parental rights when her child is adopted by another party); 23 Pa.”

In Re Adoption of S.P.T., 783 A.2d 779 (Pa. Super. Ct. 2001). · cites it 2× “The orphans’ court concluded that Appellants had faded to obtain the requisite consent for adoption from the child’s guardian, see 23 Pa.C.S. § 2711, and so did not have standing to seek the adoption.”

Chester Cnty. Child. & Youth Servs. v. Cunningham, 656 A.2d 1346 (Pa. 1995). · cites it 2× “§ 2531(a) to establish their right to seek adoption, raising the issue of an apparent conflict between that provision and 23 Pa.C.S. § 2711(a)(5). Title 23, Pa.C.S.”

In Re: C.P.D., Appeal of: T.P.D., 2024 Pa. Super. 201 (Pa. Super. Ct. 2024). “§ 2711(a) and (d), and that he did not timely revoke his consent or file a petition alleging fraud or duress in accordance with 23 Pa.C.S. § 2711(c)? (Pre-Adoptive Parents’ Brief at 11).”

In Re Adoption of J.E.F., 864 A.2d 1207 (Pa. Super. Ct. 2004). · cites it 2× “23 Pa.C.S. § 2711(a). In conjunction with section 2711, section 2713 provides for discretion on the part of the court to dispense with consents other than the consent of the adoptee.”

Show all 57 citing cases →

— 23 Pa. Cons. Stat. § 2711(a) — 11 cases

In the Int. of: D.R.-W., a Minor Appeal of: D.W., 227 A.3d 905 (Pa. Super. Ct. 2020). “See 23 Pa.C.S. § 2711(a) (“[C]onsent to an adoption shall be required of .”

In Re Adoption of Hess, 608 A.2d 10 (Pa. 1992). “23 Pa.C.S. § 2711(a). [4] The court then holds a hearing for a final determination of whether the adoption decree should be entered.”

In Re Adoption of S.P.T., 783 A.2d 779 (Pa. Super. Ct. 2001). “The orphans’ court concluded that Appellants had faded to obtain the requisite consent for adoption from the child’s guardian, see 23 Pa.C.S. § 2711, and so did not have standing to seek the adoption.”

In Re Adoption of B.E.W.G., 549 A.2d 1286 (Pa. 1988).

In Re Adoption of J.E.F., 864 A.2d 1207 (Pa. Super. Ct. 2004). “23 Pa.C.S. § 2711(a). In conjunction with section 2711, section 2713 provides for discretion on the part of the court to dispense with consents other than the consent of the adoptee.”

— 23 Pa. Cons. Stat. § 2711(a)(1) — 9 cases

In re T.D., 949 A.2d 910 (Pa. Super. Ct. 2008).

In Re Td, 949 A.2d 910 (Pa. Super. Ct. 2008).

In Re: J.R.R., a minor, Appeal of: CYF (Pa. Super. Ct. 2018).

In the Interest of: B.K., Jr. (Pa. Super. Ct. 2019).

In the Interest of: M.-A.D., Appeal of: CYF (Pa. Super. Ct. 2020).

— 23 Pa. Cons. Stat. § 2711(a)(3) — 10 cases

In Re Adoption of S.A.J., 838 A.2d 616 (Pa. 2003). “23 Pa.C.S. §§ 2711(a)(3), 2714. Notice of the proceeding is to be given only to those persons whose consents are required and to such other persons as the court directs.”

Russell v. Bridgens, 647 N.W.2d 56 (Neb. 2002).

In Re Adoption of C.C.G., 762 A.2d 724 (Pa. Super. Ct. 2000). “*731 ¶ 3 I respectfully dissent from my distinguished colleagues' Majority Opinion for three reasons: (1) the Majority's strict construction of 23 Pa.C.S. § 2711 contravenes the mandate of the Statutory Construction Act, 1 Pa.”

In Re Adoption of R.B.F., 762 A.2d 739 (Pa. Super. Ct. 2000). “¶ 3 I respectfully dissent from my distinguished colleagues' Majority Opinion for three reasons: (1) the Majority's strict construction of 23 Pa.C.S. § 2711 contravenes the mandate of the Statutory Construction Act, 1 Pa.”

— 23 Pa. Cons. Stat. § 2711(a)(5) — 7 cases

In Re Adoption of J.E.F., 902 A.2d 402 (Pa. 2006). “23 Pa.C.S. § 2711(a)(5). The language of section 2711(a)(5) may be susceptible to more than one interpretation.”

In Re Adoption of Hess, 608 A.2d 10 (Pa. 1992). “23 Pa.C.S. § 2711(a). [4] The court then holds a hearing for a final determination of whether the adoption decree should be entered.”

Chester Cnty. Child. & Youth Servs. v. Cunningham, 656 A.2d 1346 (Pa. 1995). “§ 2531(a) to establish their right to seek adoption, raising the issue of an apparent conflict between that provision and 23 Pa.C.S. § 2711(a)(5). Title 23, Pa.C.S.”

In Re Adoption of S.C.P., 527 A.2d 1052 (Pa. 1987).

— 23 Pa. Cons. Stat. § 2711(b) — 1 case

In Re: N.A.W., Appeal of: J.P. (Pa. Super. Ct. 2022).

— 23 Pa. Cons. Stat. § 2711(c) — 7 cases

In Re: R.L. minor, Appeal of Washington Cnty. CYS, 172 A.3d 665 (Pa. Super. Ct. 2017). “After careful review, we conclude that, pursuant to 23 Pa.C.S. § 2711(c), Father’s revocation was untimely.”

In Re: J.W.B. & R.D.B., Minors Apl of: L.B. (Pa. 2020).

In the Interest of: S.O. a/k/a S.H.L.O., A Minor (Pa. Super. Ct. 2018).

In the Interest of: H.L.C.-M. (Pa. Super. Ct. 2016).

— 23 Pa. Cons. Stat. § 2711(c)(1) — 1 case

In the Interest of: S.K.L.R. (Pa. Super. Ct. 2020).

— 23 Pa. Cons. Stat. § 2711(c)(1)(i) — 3 cases

In Re: J.W.B. & R.D.B., Minors Apl of: L.B. (Pa. 2020).

In the Int. of: A.B.A.-R.A, Appeal of: A.B. (Pa. Super. Ct. 2020).

— 23 Pa. Cons. Stat. § 2711(c)(1)(ii) — 2 cases

In the Interest of: A.M.P., a Minor (Pa. Super. Ct. 2016).

In the Interest of: J.R.M., a Minor (Pa. Super. Ct. 2017).

— 23 Pa. Cons. Stat. § 2711(c)(3) — 1 case

— 23 Pa. Cons. Stat. § 2711(c)(3)(i) — 2 cases

Doctor's Choice Physical Med. & Rehab. Ctr., P.C. v. Travelers Pers. Ins. Co., 128 A.3d 1183 (Pa. 2015).

In the Interest of: A.M.P., a Minor (Pa. Super. Ct. 2016).

— 23 Pa. Cons. Stat. § 2711(c)(3)(i)(A) — 2 cases

In the Interest of: H.L.C.-M. (Pa. Super. Ct. 2016).

In the Interest of: J.R.M., a Minor (Pa. Super. Ct. 2017).

— 23 Pa. Cons. Stat. § 2711(c)(5) — 1 case

In the Int. of: K.N.L. Apl of: L.B. a/k/a T.B. (Pa. 2022).

— 23 Pa. Cons. Stat. § 2711(d) — 4 cases

In the Interest of: S.O. a/k/a S.H.L.O., A Minor (Pa. Super. Ct. 2018).

In the Int. of: C.R.G., a Minor (Pa. Super. Ct. 2020).

— 23 Pa. Cons. Stat. § 2711(d)(1) — 1 case

In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C. (Pa. Super. Ct. 2015).

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