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.
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