§ 2735. Filing and approval of an agreement.
(a) General rule.--An agreement shall be filed with the court that finalizes the adoption of the child.
(b) Conditions for approval.--The court shall approve the agreement if the court determines that:
(1) The agreement has been entered into knowingly and voluntarily by all parties. An affidavit
made under oath must accompany the agreement affirmatively stating that the agreement
was entered into knowingly and voluntarily and is not the product of coercion, fraud
or duress. The affidavit may be executed jointly or separately.
(2) The agreement is in the best interest of the child. In making that determination,
factors that the court may consider include, but are not limited to, the following:
(i) The length of time that the child has been under actual care, custody and control
of a person other than a birth parent and the circumstances relating thereto.
(ii) The interaction and interrelationship of the child with birth relatives and other
persons who routinely interact with the birth relatives and may significantly affect
the child's best interests.
(iii) The adjustment to the child's home, school and community.
(iv) The willingness and ability of the birth relative to respect and appreciate the bond
between the child and prospective adoptive parent.
(v) The willingness and ability of the prospective adoptive parent to respect and appreciate
the bond between the child and the birth relative.
(vi) Any evidence of abuse or neglect of the child.
(c) Legal effect.--An agreement shall not be legally enforceable unless approved by the court.
Notes of Decisions
Adoption of: A.W., Appeal of: C.W., 230 A.3d 1139 (Pa. Super. Ct. 2020).
· cites it 3× “” 23 Pa.C.S. § 2735(a). However, the agreement “shall not be legally enforceable unless approved by the court.”
Adoption of: A.W., Appeal of: C.W., 2020 Pa. Super. 68 (Pa. Super. Ct. 2020).
· cites it 3× “” 23 Pa.C.S. § 2735(a). However, the agreement “shall not be legally enforceable unless approved by the court.”
In Re: K.A.M., Appeal of: A.D., 2026 Pa. Super. 25 (Pa. Super. Ct. 2026).
· cites it 3× “Adoptive Parents challenge the court’s finding that the parties J-A29003-25 entered into a valid Post-Adoption Contact Agreement (“PACA”) under Section 2735 of the Adoption Act, 23 Pa.C.S. § 2735, and aver that under the Custody Act Biological Grandmother’s visitation should…”
In Re: C.M.C., a minor, Appeal of C.L.C. (Pa. Super. Ct. 2016).
“2 ____________________________________________ 2 See 23 Pa.C.S. § 2735 (Filing and approval of an agreement), which provides: (a) General rule.”
Phillips, T. v. Delsignore, M. (Pa. Super. Ct. 2024).
“” 23 Pa.C.S. § 2735. Among other things, Section 2738(c) provides that, for an agreement to be enforceable, it must be in writing and “approved by the court on or before the date for any adoption decree.”
— 23 Pa. Cons. Stat. § 2735(a) — 3 cases
Adoption of: A.W., Appeal of: C.W., 230 A.3d 1139 (Pa. Super. Ct. 2020).
“” 23 Pa.C.S. § 2735(a). However, the agreement “shall not be legally enforceable unless approved by the court.”
Adoption of: A.W., Appeal of: C.W., 2020 Pa. Super. 68 (Pa. Super. Ct. 2020).
“” 23 Pa.C.S. § 2735(a). However, the agreement “shall not be legally enforceable unless approved by the court.”
— 23 Pa. Cons. Stat. § 2735(b)(1) — 3 cases
Adoption of: A.W., Appeal of: C.W., 230 A.3d 1139 (Pa. Super. Ct. 2020).
“” 23 Pa.C.S. § 2735(a). However, the agreement “shall not be legally enforceable unless approved by the court.”
Adoption of: A.W., Appeal of: C.W., 2020 Pa. Super. 68 (Pa. Super. Ct. 2020).
“” 23 Pa.C.S. § 2735(a). However, the agreement “shall not be legally enforceable unless approved by the court.”
In Re: K.A.M., Appeal of: A.D., 2026 Pa. Super. 25 (Pa. Super. Ct. 2026).
“Adoptive Parents challenge the court’s finding that the parties J-A29003-25 entered into a valid Post-Adoption Contact Agreement (“PACA”) under Section 2735 of the Adoption Act, 23 Pa.C.S. § 2735, and aver that under the Custody Act Biological Grandmother’s visitation should…”
— 23 Pa. Cons. Stat. § 2735(c) — 3 cases
Adoption of: A.W., Appeal of: C.W., 230 A.3d 1139 (Pa. Super. Ct. 2020).
“” 23 Pa.C.S. § 2735(a). However, the agreement “shall not be legally enforceable unless approved by the court.”
Adoption of: A.W., Appeal of: C.W., 2020 Pa. Super. 68 (Pa. Super. Ct. 2020).
“” 23 Pa.C.S. § 2735(a). However, the agreement “shall not be legally enforceable unless approved by the court.”
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