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Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 2903 (2026)

 Retention of parental status.

✓ current as of May 2026
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§ 2903.  Retention of parental status.

Whenever a parent consents to the adoption of his child by his spouse, the parent-child relationship between him and his child shall remain whether or not he is one of the petitioners in the adoption proceeding.

Notes of Decisions
Cited in 24 cases (7 in the last 5 years), 1981–2026 · leading case: In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C., 145 A.3d 1117 (Pa. 2016).
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In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C., 145 A.3d 1117 (Pa. 2016). · cites it 2× “See 23 Pa.C.S. § 2903. (“Whenever a parent consents to the adoption of his child by his spouse, the parent-child relationship between him and his child shall remain whether or not he is one of the petitioners in the adoption proceeding.”
In Re Adoption of C.C.G., 762 A.2d 724 (Pa. Super. Ct. 2000). · cites it 4× “" 23 Pa.C.S. § 2903. The term "spouse" refers only to one's husband or wife and, therefore, only legally married couples can avail themselves of section 2903.”
In Re Adoption of R.B.F., 762 A.2d 739 (Pa. Super. Ct. 2000). · cites it 4× “" 23 Pa.C.S. § 2903. The term "spouse" refers only to one's husband or wife and, therefore, only legally married couples can avail themselves of section 2903.”
In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C., 128 A.3d 1249 (Pa. Super. Ct. 2015). · cites it 2× “” 23 Pa.C.S. § 2903 (emphasis added). We have construed this provision to apply “only to ‘stepparent’ situations.”
In Re Adoption of R.B.F., 803 A.2d 1195 (Pa. 2002). “” 23 Pa.C.S. § 2903 (emphasis added). It relied on our decision in In re Adoption of E.”
Russell v. Bridgens, 647 N.W.2d 56 (Neb. 2002). · cites it 2× “An exception to the unqualified consent requirement is found in 23 Pa. Cons.Stat. Ann. § 2903 (West 2001), which provides that "[w]henever a parent consents to the adoption of his child by his spouse, the parent-child relationship between him and his child shall remain whether…”
Commonwealth Ex Rel. Michael R. v. Robert R. R., 437 A.2d 969 (Pa. Super. Ct. 1981). · cites it 2× “2d Adoption, §§ 84-85 (1962), the natural mother in the present case retained all of the previous parental rights she previously had with respect to her child because the adoption to which she consented in no way affected her parental rights, but gave adoptive parent's rights to…”
Commonwealth, Dep't of Health v. Hanes, 78 A.3d 676 (Pa. Commw. Ct. 2013). “’ Thus, a same-sex partner cannot be the ‘spouse’ of the legal parent and therefore cannot attain the benefits of the spousal exception to relinquishment of parental rights [under Section 2903 of the Adoption Act, 23 Pa.C.S. § 2903,] necessary for a valid consent to adoption.”
Terminations of Parental Rights to P.B.W.-V. (Pa. Super. Ct. 2021). · cites it 4× “§ 2901 or for the court to extend the applicability of 23 Pa.C.S. § 2903 to Fiancé. The decree additionally dismissed as moot the companion petition to involuntarily ____________________________________________ * Retired Senior Judge assigned to the Superior Court.”
Glover, C., Aplt. v. Junior, N. (Pa. 2025). · cites it 2× “21 Amici explain the Adoption Act does not permit a parent to move to involuntarily terminate the other parent’s parental rights without another person willing and available to adopt the child, see Amici Brief of Am.”
In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C. (Pa. Super. Ct. 2015). · cites it 2× “” 23 Pa.C.S. § 2903 (emphasis added). We have construed this provision to apply “only to ‘stepparent’ situations.”
In Re: Adopt. of M.R.D. & T.M.D. Appeal of: M.C. (Pa. 2016). “§ 2711(a)(3), (d)(1) (requiring a parent to relinquish parental rights when her child is adopted by another party); 23 Pa.C.S. § 2903 (providing an exception to the relinquishment requirement “[w]henever a parent consents to the adoption of his child by his spouse”).”
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