Until recently, Pennsylvania had a law on the books that made life more difficult for some victims of rape and incest. In cases where these survivors bore children from the rape, they were generally unable to terminate the rapist’s parental rights. This meant that many of the victims were at risk of their former abusers re-entering their lives by requesting contact with the children.
Righting a wrong
It was impossible for most of the mothers of children born from abuse to terminate their rapist’s parental rights. The one exception to this required the mothers to have a partner in place ready to adopt the children. Usually, this was not the case. Women found it more difficult to rebuild their lives with the threat of contact from an abuser hanging over them. Worst of all, for a long time, most Pennsylvania lawmakers were totally unaware of this issue.
The effects of House Bill 1984
The state laws made no special provisions when it came to parental rights termination for mothers who had been the victims of rape or incest. They were treated like other child custody cases. It wasn’t until 2019 that the Pennsylvania Superior Court acknowledged the unique circumstances affecting these mothers. Finally, in 2020, House Bill 1984 was passed. This law was signed into effect in late 2020, and it went into effect in January 2021.
With this legislation, Pennsylvania has made it possible for women and children to avoid their abusers. In the past, victims were at the risk of being re-traumatized by them. If you or a loved one has been impacted by sexual abuse, it’s a good idea to contact a lawyer. A legal professional may help you understand what your rights are and how to assert them.
