Parental Rights
Pennsylvania
Last Updated: April 2023
| Question | Answer |
Does the state allow for termination or limitation of parental rights when a child is born from rape? |
Yes |
Does the state require a conviction for the sexual offense to terminate or limit the rapist’s parental rights? |
No |
May the state terminate or limit parental rights when there was a sexual assault that led to the birth of the child, but no conviction? |
Yes |
What parental rights can be terminated or limited? |
Terminated: Custody Visitation |
Are there any exceptions to the termination or limitation of a rapist’s parental rights? |
N/A |
What other rights may be impacted by terminating a rapist’s parental rights? |
Consent to Adoption - rapist parent has no right to withhold consent to adoption of child |
What is the procedure for termination or limitation of parental rights in these circumstances? |
Victim parent, an agency or an individual acting in loco parentis must petition the court |
What proof do you have to show to terminate or limit the rapist parent’s parental rights? |
Show by a finding of Clear and Convincing Evidence that rapist parent committed act of rape. |
Are there any time limits for when a petition must be filed to terminate or limit the rapist parent’s rights? |
N/A |
Does the law apply to both adult victims and underage victims? |
Yes |
Does the law have any exceptions for married or co-habitating victims? |
N/A |
Can a court require the rapist parent to pay child support after parental rights have been terminated? |
N/A |
Statutory Citations |
See, 23 Pa.C.S.A. § 2511(7) and (11) Grounds for involuntary termination Pa. Cons. Stat. tit. 23, § 5329 (2019) |