Pennsylvania Consolidated Statutes
23 Pa. Cons. Stat. § 2713 (2026)
When other consents not required.
✓ current as of May 2026
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§ 2713. When other consents not required.
The court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when:
(1) the adoptee is over 18 years of age; or
(2) the adoptee is under 18 years of age and has no parent living whose consent is required.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1992–2022 · leading case: In Re Adoption of J.E.F., 902 A.2d 402 (Pa. 2006).
In Re Adoption of J.E.F., 902 A.2d 402 (Pa. 2006). “23 Pa.C.S. § 2713 (emphasis supplied). [4] The panel found that the award of custody of the three children to the Agency following the termination of parental rights effectively made the Agency the children's legal guardian for purposes of Section 2711(a)(5), and thus the…”
In Re Adoption of Hess, 608 A.2d 10 (Pa. 1992). “the adoptee is under 18 years of age and has no parent living whose consent is required." Under the facts of this case, the rights of the children's natural, living parents have been terminated, so their consent is not required.”
Chester Cnty. Child. & Youth Servs. v. Cunningham, 656 A.2d 1346 (Pa. 1995). “However, the Opinion in Support of Affirmance fails to mention 23 Pa.C.S. § 2713 which provides that “[t]he court in its discretion may dispense with the consents other than that of the adoptee to a petition for adoption when the adoptee is under 18 years of age and has no…”
In re the Adoption of A.J.B., 797 A.2d 264 (Pa. Super. Ct. 2002). “The language of 23 Pa.C.S. § 2713(2) provides that “[t]he court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when .”
In Re Adoption of S.P.T., 783 A.2d 779 (Pa. Super. Ct. 2001). “Although our Supreme Court has carved out a limited exception to this consent requirement on the basis of 23 Pa.C.S. § 2713 (When other consents not required), see In re Adoption of Hess, 530 Pa.”
In Re Adoption of J.E.F., 864 A.2d 1207 (Pa. Super. Ct. 2004). “23 Pa.C.S. § 2713. ¶ 7 In the present case, the Orphans’ Court order that terminated the parental rights of the three children’s parents provided that “[t]he Agency shall maintain custody of the minor children until a Final Adoption Decree is entered.”
In Re the Adoption of A.M.T., 803 A.2d 203 (Pa. Super. Ct. 2002). “The language of 23 Pa.C.S. § 2713(2) provides that “[t]he court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when .”
In Re Ajb, 797 A.2d 264 (Pa. Super. Ct. 2002). “The language of 23 Pa.C.S. § 2713(2) provides that "[t]he court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when.”
Adoption of: D.F., Appeal of: T.M. & A.M. (Pa. Super. Ct. 2019). “See 23 Pa.C.S. § 2713(1) (“The court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when: (1) the adoptee is over 18 years of age[.”
In Re: N.A.W., Appeal of: J.P. (Pa. Super. Ct. 2022). “identifies no legal or factual basis as to why, within the context of 23 Pa.C.S. § 2713, it was an abuse of discretion for the orphans’ court to dispense with the Adoption Act’s notice requirements.”
In the Int. of: K.N.L. Apl of: L.B. a/k/a T.B. (Pa. 2022). “2d at 14 , citing 23 Pa.C.S. §2713(2) (“[T]he court, in its discretion, may dispense with consents other than that of the adoptee .”
In re Adoption of Kim Kee Young, 27 Pa. D. & C.4th 302 (1994). “On the contrary, I received testimony which indicated that the Lussier household would be appropriate in spite of Mrs. Lussier’s death. I decided that the agency had fragile justification for withholding its consent.”
— 23 Pa. Cons. Stat. § 2713(1) — 1 case
Adoption of: D.F., Appeal of: T.M. & A.M. (Pa. Super. Ct. 2019). “See 23 Pa.C.S. § 2713(1) (“The court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when: (1) the adoptee is over 18 years of age[.”
— 23 Pa. Cons. Stat. § 2713(2) — 7 cases
In Re Adoption of Hess, 608 A.2d 10 (Pa. 1992). “the adoptee is under 18 years of age and has no parent living whose consent is required." Under the facts of this case, the rights of the children's natural, living parents have been terminated, so their consent is not required.”
In re the Adoption of A.J.B., 797 A.2d 264 (Pa. Super. Ct. 2002). “The language of 23 Pa.C.S. § 2713(2) provides that “[t]he court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when .”
Chester Cnty. Child. & Youth Servs. v. Cunningham, 656 A.2d 1346 (Pa. 1995). “However, the Opinion in Support of Affirmance fails to mention 23 Pa.C.S. § 2713 which provides that “[t]he court in its discretion may dispense with the consents other than that of the adoptee to a petition for adoption when the adoptee is under 18 years of age and has no…”
In Re the Adoption of A.M.T., 803 A.2d 203 (Pa. Super. Ct. 2002). “The language of 23 Pa.C.S. § 2713(2) provides that “[t]he court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when .”
In Re Ajb, 797 A.2d 264 (Pa. Super. Ct. 2002). “The language of 23 Pa.C.S. § 2713(2) provides that "[t]he court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when.”
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