Pennsylvania Consolidated Statutes
23 Pa. Cons. Stat. § 5326 (2026)
Effect of adoption.
✓ current as of May 2026
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§ 5326. Effect of adoption.
Any rights to seek physical custody or legal custody rights and any custody rights that have been granted under section 5324 (relating to standing for any form of physical custody or legal custody) or 5325 (relating to standing for partial physical custody and supervised physical custody) to a grandparent or great-grandparent prior to the adoption of the child by an individual other than a stepparent, grandparent or great-grandparent shall be automatically terminated upon such adoption.
Notes of Decisions
Cited in 13
cases (5 in the last 5 years), 2011–2026 · leading case: E.T.S. v. S.L.H., 54 A.3d 880 (Pa. Super. Ct. 2012).
E.T.S. v. S.L.H., 54 A.3d 880 (Pa. Super. Ct. 2012). “Did the Trial Court err in its application of 23 Pa.C.S. § 5326 by applying the provisions of § 5326 to all individuals granted standing to seek custody under Pa.”
T.E.N. v. Cumberland Cnty. C&Y (Pa. Super. Ct. 2016). “By order entered October 13, 2015, because of the adoption, and in consideration of 23 Pa.C.S. § 5326, the trial court granted Foster Parents’ motion and dismissed Paternal Grandmother’s custody complaint.”
In Re: M.A.H., Appeal of: J.H. (Pa. Super. Ct. 2019). “Whether the trial court erred as a matter of law or abused its discretion by denying Father’s petition to terminate Mother’s parental rights because it concluded, without any supporting evidence, and contrary to 23 Pa.C.S. § 5326, that granting Father’s petition would sever the…”
In the Interest of: M.M., Appeal of: W.M. & D.M. (Pa. Super. Ct. 2017). “2 See 23 Pa.C.S. § 5326. However, the trial court could have opted to allow the Agency to retain legal custody but permit the paternal grandparents to exercise partial physical custody up until the court ruled upon the adoption petitions.”
In the Int. of: Z.E., Appeal of: M.E. (Pa. Super. Ct. 2019). “12, supra; see also 23 Pa.C.S. § 5326 (any rights to seek legal or physical custody of child shall be automatically terminated upon adoption).”
J.K. & J.K. v. J.D. (Pa. Super. Ct. 2019). “23 Pa.C.S. § 5326 (emphasis added). 6Father presented the motion for reconsideration in person at motions court.”
In the Interest of: Z.B., Appeal of: C.B. (Pa. Super. Ct. 2019). “, Day 5, at 180-181; see also 23 Pa.C.S. § 5326 (“Effect of adoption”).”
In Re: P.G.F., Appeal of: K.F. (Pa. 2021). “1995) (citing the statute then-equivalent to 23 Pa.C.S. § 5326 that terminates a grandparent’s rights to seek custody when a grandchild is adopted except when the adoption is by a stepparent or grandparent and holding that “[s]ince the grandparents’ rights survive such an…”
In the Int. of: K.N.L. Apl of: L.B. a/k/a T.B. (Pa. 2022). “it would be extinguished upon 19Whether the Adoption Act, by virtue of Section 2512, can be read to unequivocally anticipate adoption by caregivers who previously stood in loco parentis to the child is beyond our reach in this case — the parties have not discussed the role of…”
Brown, D. v. Off. of Child. & Youth (Pa. Super. Ct. 2023). “23 Pa.C.S. § 5326. Considering the forgoing statutory provision, no case or controversy currently exists in this appeal because, as a matter of law, Appellant was divested of any potential rights to standing on December 9, 2022, when the orphans’ court entered the final adoption…”
Phillips, T. v. Delsignore, M. (Pa. Super. Ct. 2024). “23 Pa.C.S. § 5326 (emphasis added). Appellants have admitted that the Delsignores are not Child’s stepparents, grandparents, or great-grandparents.”
In Re: K.A.M., Appeal of: A.D., 2026 Pa. Super. 25 (Pa. Super. Ct. 2026). “23 Pa.C.S. § 5326. After reviewing briefs and hearing argument, the court denied Adoptive Parent’s motion.”
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