PRINTER'S NO. 917
No. 785 Session of 2003
INTRODUCED BY GANNON, BAKER, BARD, BEBKO-JONES, BELFANTI, BENNINGHOFF, BROWNE, CAWLEY, CIVERA, CLYMER, CREIGHTON, FICHTER, GEIST, HARHAI, HARHART, HARPER, HENNESSEY, HERSHEY, HORSEY, JAMES, LEACH, LEH, LESCOVITZ, LEWIS, S. MILLER, ROBERTS, SAINATO, SCRIMENTI, SEMMEL, SOLOBAY, STERN, E. Z. TAYLOR, THOMAS, TIGUE, TRUE, WALKO, WANSACZ, WASHINGTON, WATSON, WILT, YOUNGBLOOD AND YUDICHAK, MARCH 10, 2003
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 10, 2003
AN ACT 1 Amending Title 23 (Domestic Relations) of the Pennsylvania 2 Consolidated Statutes, providing for partial custody and 3 visitation rights of grandparents when child is adopted by 4 aunt or uncle. 5 The General Assembly of the Commonwealth of Pennsylvania 6 hereby enacts as follows: 7 Section 1. Title 23 of the Pennsylvania Consolidated 8 Statutes is amended by adding a section to read: 9 § 5315. Exception for children adopted by aunt or uncle. 10 (a) Grandparents.--Notwithstanding the provisions of section 11 5314 (relating to exception for adopted children), the court may 12 grant reasonable partial custody or visitation rights to a 13 grandparent if: 14 (1) the child has been adopted by a sister or brother of 15 the child's natural parent; and 16 (2) such partial custody or visitation rights would be
1 in the best interest of the child. The court shall consider 2 the amount of personal contact between the child and the 3 grandparent prior to application when making its 4 determination. 5 (b) Standing.--Notwithstanding the provisions of section 6 5314, a grandparent has standing to bring a petition for partial 7 custody or visitation rights to a grandchild when the child is 8 adopted by a brother or sister of the child's natural parent. 9 Section 2. This act shall take effect in 60 days. A13L23BIL/20030H0785B0917 - 2 -