PRINTER'S NO. 1388
No. 1172 Session of 2003
INTRODUCED BY BEBKO-JONES, BELFANTI, BROWNE, COY, FLICK, FREEMAN, GEIST, HARHAI, HARHART, JAMES, JOSEPHS, LEACH, MANDERINO, MANN, S. MILLER, PALLONE, SOLOBAY, STABACK, SURRA, THOMAS, WASHINGTON AND YOUNGBLOOD, APRIL 15, 2003
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, APRIL 15, 2003
AN ACT 1 Providing for an adoption registry, for confidential 2 registration and for duties of the Department of Health; and 3 making a repeal. 4 TABLE OF CONTENTS 5 Section 1. Short title. 6 Section 2. Legislative intent. 7 Section 3. Definitions. 8 Section 4. Permanent maintenance of adoption records. 9 Section 5. Information confidential. 10 Section 6. Information of registry confidential. 11 Section 7. Duties of department. 12 Section 8. Persons eligible to use registry. 13 Section 9. Persons eligible to register. 14 Section 10. Content of affidavit and notice of change in 15 information. 16 Section 11. Continuing registration by birth parent. 17 Section 12. Processing affidavits.
1 Section 13. Counseling of registrant. 2 Section 14. Permanent maintenance of registry information. 3 Section 15. Limits on releasing information. 4 Section 16. Registrant fee. 5 Section 17. Medical history information. 6 Section 18. Search for birth parents or genetic siblings. 7 Section 19. Access to adoption records for search. 8 Section 20. Effect on subsequent searches when person sought in 9 initial search refuses contact. 10 Section 21. Support services, adoption and reunion issues. 11 Section 22. Rulemaking and fees. 12 Section 23. Access to department or private agency records. 13 Section 39. Repeals. 14 Section 40. Effective date. 15 The General Assembly of the Commonwealth of Pennsylvania 16 hereby enacts as follows: 17 Section 1. Short title. 18 This act shall be known and may be cited as the Adoption 19 Registry Act. 20 Section 2. Legislative intent. 21 It is the intent of the General Assembly that: 22 (1) Adoption is based upon the legal termination of 23 parental rights and responsibilities of birth parents and the 24 creation of the legal relationship of parents and child 25 between an adoptee and the adoptive parents. These legal and 26 social premises underlying adoption must be maintained. 27 (2) The Commonwealth recognizes that some adults who 28 were adopted as children have a strong desire to obtain 29 identifying information about their birth parents and their 30 families while other adult adoptees have no such desire. 20030H1172B1388 - 2 -
1 (3) The Commonwealth further recognizes that some birth 2 parents have a strong desire to obtain identifying 3 information about their biological children who were adopted, 4 while other birth parents have no such desire. 5 (4) The Commonwealth fully recognizes the right to 6 privacy and confidentiality of birth parents whose children 7 were adopted, the adoptees and the adoptive parents. 8 (5) Therefore, the intent of this act is to: 9 (i) Set up a voluntary adoption registry where birth 10 parents and adult adoptees may register their willingness 11 to the release of identifying information to each other. 12 (ii) Provide for the disclosure of identifying 13 information to birth parents and their genetic offspring 14 through the department or the courts if a birth parent or 15 parents and the adult adoptee are registered. 16 (iii) Provide for the transmission of nonidentifying 17 health and social and genetic history of the adult 18 adoptees, birth parents and other specified persons. 19 Section 3. Definitions. 20 The following words and phrases when used in this act shall 21 have the meanings given to them in this section unless the 22 context clearly indicates otherwise: 23 "Adoptee." A person who has been adopted in this 24 Commonwealth. 25 "Adoption." The judicial act of creating the relationship of 26 parent and child where it did not exist previously. 27 "Adoptive parent." An adult who has become a parent of a 28 child through adoption. 29 "Adult." A person 18 years of age or older. 30 "Agency." Any public or private organization licensed or 20030H1172B1388 - 3 -
1 authorized under the laws of this Commonwealth to place children 2 for adoption. 3 "Birth parent." The man or woman who is legally presumed 4 under the laws of this Commonwealth to be the father or mother 5 of genetic origin of a child. 6 "Department." The Department of Health of the Commonwealth. 7 "Genetic, medical and social history." A comprehensive 8 report, when obtainable, of the health status and medical 9 history of the birth parents and other persons related to the 10 child: 11 (1) The genetic, medical and social history may contain 12 as much of the following as is available: 13 (i) Medical history information. 14 (ii) Health status. 15 (iii) Cause of and age at death. 16 (iv) Height, weight, eye color and hair color. 17 (v) Ethnic origins. 18 (vi) Religion, if any. 19 (2) The genetic, medical and social history may include 20 the history of: 21 (i) The birth parents. 22 (ii) Siblings to the birth parents, if any. 23 (iii) Other children of either birth parent, if any. 24 (iv) Parents of the birth parents. 25 "Medical history." A comprehensive report, when obtainable, 26 of the child's health status and medical history at the time of 27 placement for adoption, including neonatal, psychological, 28 physiological and medical care history. 29 "Registry." A voluntary adoption registry as established 30 under this act. 20030H1172B1388 - 4 -
1 Section 4. Permanent maintenance of adoption records. 2 (a) Records maintained.--All records of any adoption 3 finalized in this Commonwealth shall be permanently maintained 4 by the department. 5 (b) Collection of records by court.--Before any final decree 6 of adoption of a minor is entered, the court must be provided a 7 genetic, medical and social history of the child and of the 8 biological parents as complete as possible under the 9 circumstances. 10 (c) Medical history information.--When possible, the medical 11 history portion of the information provided shall include: 12 (1) A medical history of the adoptee from birth up to 13 the time of adoption, including disease, disability, 14 congenital or birth defects and records of medical 15 examinations of the child. 16 (2) Physical characteristics of the biological parents, 17 including age at the time of the adoptee's birth; height; 18 weight; and color of eyes, hair and skin. 19 (3) A gynecological and obstetric history of the 20 biological mother. 21 (4) A record of potentially inheritable genetic or 22 physical traits or tendencies of the biological parents or 23 their families. 24 (5) Any other useful or unusual biological information 25 that the biological parents are willing to provide. 26 (6) Any information that can be useful for the registry. 27 (d) Nondisclosure.--The names of the biological parents may 28 not be included with any medical history reports. 29 Section 5. Information confidential. 30 No person may disclose any confidential information relating 20030H1172B1388 - 5 -
1 to an adoption except as provided in this act or by court order. 2 Section 6. Information of registry confidential. 3 (a) Nondisclosure.--Notwithstanding any other provision of 4 law, the information acquired by the adoption registry may not 5 be disclosed under any freedom of information legislation, rules 6 or practices. 7 (b) Class action suit.--A class action suit may not be 8 maintained in any court of this Commonwealth to require the 9 registry to disclose identifying information. 10 Section 7. Duties of department. 11 The department shall establish, maintain and operate a 12 registry for all adoptions. The registry shall collect and 13 maintain the genetic, medical and social history for each 14 adoption finalized within this Commonwealth. The department may 15 contract out the function of establishing, maintaining and 16 operating the registry. The department may also join a voluntary 17 national or international registry and make its records 18 available in the manner authorized under this act. If the rules 19 of disclosure of such a voluntary organization differ from those 20 prescribed in this act, then this act shall prevail. 21 Section 8. Persons eligible to use registry. 22 (a) Eligibility.--As provided in this act, only a birth 23 parent, adult adoptee, adult genetic sibling of an adoptee, 24 adoptive parent of a deceased adoptee or parents or adult 25 siblings of a deceased birth parent or parents may use the 26 registry for obtaining identifying information about birth 27 parents, adult adoptees and adult adoptee genetic siblings. 28 (b) Minors.--An adult adoptee who has a genetic sibling in 29 the adult adoptee's adoptive family who is under the age of 18 30 may not have access to the registry. 20030H1172B1388 - 6 -
1 (c) Department assistance.--Birth parents, adult adoptees, 2 adult genetic siblings of an adoptee, adoptive parents of a 3 deceased adoptee and parents or adult siblings of a deceased 4 birth parent or parents shall work through the department to 5 receive information concerning the adoption. 6 Section 9. Persons eligible to register. 7 (a) Registration.--An adult adoptee, each birth parent, an 8 adult genetic sibling of an adoptee, an adoptive parent of a 9 deceased adoptee and a parent or adult sibling of a deceased 10 birth parent or parents may register by submitting a signed 11 affidavit to the department. The affidavit must contain the 12 information listed in section 10 and a statement of the 13 registrant's willingness to be identified to the other relevant 14 persons who register. The affidavit gives authority to the 15 registry to release identifying information related to the 16 registrant to the other relevant persons who register. Each 17 registration must be accompanied by the birth certificate of the 18 registrant. 19 (b) Failure to file affidavit.--Except as provided in 20 section 12, if a birth parent or an adoptee fails to file an 21 affidavit with the registry for any reason, identifying 22 information shall not be disclosed to those relevant persons who 23 do register. 24 (c) Nonsolicitation.--Except as otherwise provided in 25 section 19, a registry or employee of the registry may not 26 contact or in any other way solicit any adoptee or birth parent 27 to register with the registry. 28 Section 10. Content of affidavit and notice of change in 29 information. 30 (a) Affidavit requirements.--The affidavit required under 20030H1172B1388 - 7 -
1 section 9 shall contain the following: 2 (1) The current name and address of the registrant. 3 (2) Any previous name by which the registrant was known. 4 (3) The original or adopted names of the adopted child. 5 (4) The place and date of birth of the adopted child, if 6 known. 7 (5) The name and address of the agency, if known. 8 (b) Change of name and address.--The registrant shall notify 9 the registry of any change in name or address that occurs after 10 the registrant registers. Upon registering, the registry shall 11 inform the registrant that the registrant has the responsibility 12 to notify the registry of a change in address. The registry is 13 not required to search for a registrant who fails to notify the 14 registry of a change in address. 15 (c) Cancellation.--A registrant may cancel the registrant's 16 registration by giving the registry written notice of the 17 registrant's desires to so cancel. 18 Section 11. Continuing registration by birth parent. 19 When an adoptee reaches 18 years of age, a birth parent of 20 the adoptee, if the birth parent registered with the registry 21 before the adoptee was 18 years of age, shall notify the 22 registry in writing of the birth parent's desire to continue the 23 registration. A registry shall notify a birth parent of this 24 requirement when the birth parent initially registers. 25 Section 12. Processing affidavits. 26 (a) Match process.--Upon receipt of the affidavit under 27 section 9, the registry shall process each affidavit in an 28 attempt to match the adult adoptee with the birth parents, the 29 adult genetic siblings and the parents or adult siblings of 30 deceased parents. The processing shall include research from any 20030H1172B1388 - 8 -
1 agency records or court records to determine whether the 2 registrants match. 3 (b) Providing notification of match.--If the registry 4 determines there is a match and if the relevant persons have 5 registered with the registry and received the counseling 6 required by section 13, notification of the match may be given 7 by a registry to only the following: 8 (1) A birth parent or parents of an adult adoptee; 9 (2) An adult adoptee; 10 (3) An adult genetic sibling of an adult adoptee if 11 parents are deceased; 12 (4) An adult adoptee genetic sibling who has been 13 adopted by a different adoptive family and has no knowledge 14 of the adult adoptee genetic sibling's birth parents; 15 (5) At the discretion of the department, a parent or 16 adult sibling of the birth parent if the birth parent is 17 deceased; or 18 (6) At the discretion of the department, an adoptive 19 parent of a deceased adoptee. 20 (c) Confidential contact.--Notification of a match to the 21 relevant parties shall be made through a direct and confidential 22 contact. 23 Section 13. Counseling of registrant. 24 (a) Counseling.--Upon the determination of a match but 25 before identifying information is disclosed, the registrant must 26 at the discretion of the department participate in counseling: 27 (1) with a social worker employed by the department; or 28 (2) if the registrant is domiciled outside this 29 Commonwealth, with a social worker in that state who is 30 selected by the registry. 20030H1172B1388 - 9 -
1 (b) Emphasis of counseling.--The counseling required under 2 subsection (a) shall place an emphasis on an evaluation of the 3 need for and the effect of the information or contact on the 4 genetic family members and the relationships within the adoptive 5 family. 6 Section 14. Permanent maintenance of registry information. 7 Any affidavits filed and other information collected by a 8 registry shall be permanently maintained. 9 Section 15. Limits on releasing information. 10 The registry shall release only information necessary for 11 identifying a birth parent, an adult adoptee or an adult genetic 12 sibling and shall not release information of any kind pertaining 13 to: 14 (1) The adoptive parents. 15 (2) The siblings of the adult adoptee who are children 16 of the adoptive parents. 17 (3) The income of any person. 18 Section 16. Registrant fee. 19 Costs of establishing and maintaining a registry may be met 20 through reasonable fees not to exceed $50 per registrant and 21 shall be charged to all persons who register. 22 Section 17. Medical history information. 23 A medical history which excludes information identifying any 24 birth parent, member of a birth parent's family, the adoptee or 25 the adoptive parents of the adoptee may be provided, if 26 available, from the department upon request to the following 27 persons: 28 (1) An adoptive parent of the child or the child's 29 guardian. 30 (2) The birth parent of the adoptee. 20030H1172B1388 - 10 -
1 (3) An adult adoptee. 2 (4) In the event of the death of the adoptee: 3 (i) the adoptee's spouse if the spouse is the birth 4 parent of the adoptee's child or the guardian of a child 5 of the adoptee; or 6 (ii) a child of the adoptee who is 18 years of age 7 or older. 8 Section 18. Search for birth parents or genetic siblings. 9 (a) Search request by adoptee.--Any adult adoptee or the 10 adoptive parent of a minor or deceased adoptee may request that 11 the department conduct a search for the adoptee's birth parents 12 or, except as otherwise provided in section 20, for the 13 adoptee's genetic siblings. 14 (b) Search request by birth parent or sibling.--A birth 15 parent, an adult genetic sibling of an adoptee or the parent or 16 adult sibling of a deceased birth parent may request the 17 department to conduct a search for an adult adoptee whom the 18 birth parent relinquished for adoption. 19 (c) Request of department.--A person requesting a search 20 under subsection (a) or (b) shall direct the request for the 21 search to the department. 22 (d) Requester information.--At the time of a request to 23 conduct a search under this section, the requester shall provide 24 the department with such information as the department requires. 25 The person requesting the search must be registered with a 26 registry established under section 7. 27 Section 19. Access to adoption records for search. 28 (a) Examination of records.--If the department has been 29 instructed to conduct a search, the department may examine 30 adoption records maintained by the department or kept by the 20030H1172B1388 - 11 -
1 court and by adoption agencies. The department may examine the 2 adoption records of a private adoption agency only if the 3 private adoption agency allows the examination. The department 4 shall keep the records and information located in the records 5 confidential. 6 (b) Confidential inquiries.--If the department is able to 7 identify and locate the person being sought, the department 8 shall make a confidential inquiry of that person to determine 9 whether the person wishes to make contact with the person 10 requesting the search. The department shall make the inquiry in 11 person if possible. If the reason the person is requesting the 12 search is because there is a serious medical condition in the 13 person's immediate family that is or may be an inheritable 14 condition and the person being sought is biologically related to 15 the ill person, the department or the licensed adoption agency 16 shall inform the person being sought of that fact. 17 (c) Duties of department.--If the person being sought wishes 18 to make contact with the person requesting the search, the 19 department shall do all of the following: 20 (1) Tell the person about the voluntary adoption 21 registry and that any contact will be made through the 22 registry and its provisions. 23 (2) Give the person any information and forms necessary 24 to register. 25 (3) Notify the voluntary adoption registry that the 26 person being sought has been identified and located and has 27 indicated that the person wishes to make contact. 28 (4) Return all materials, files and information obtained 29 during the search to the department. 30 (d) Provide forms.--If the person being sought has indicated 20030H1172B1388 - 12 -
1 a wish to make contact and has not registered with the voluntary 2 adoption registry within 90 days after the confidential inquiry 3 was made, the department, where practicable, shall contact the 4 person to offer forms and materials to register and to determine 5 if the person still intends to register. 6 (e) Refuse contact.--If the person being sought does not 7 wish to make contact with the person requesting the search, the 8 department shall do all of the following: 9 (1) Notify the voluntary adoption registry that the 10 person being sought has been identified and located and has 11 indicated that the person does not wish to make contact. 12 (2) Return all materials, files and information obtained 13 during the search to the department. 14 (f) Unable to locate.--If the department is unable to 15 identify and locate the person being sought, the department 16 shall notify the voluntary adoption registry of that fact. 17 (g) Record information and notice.--Upon receiving notice 18 under this section, the voluntary adoption registry shall: 19 (1) Enter the information into its records. 20 (2) Notify the person requesting the search only that 21 the person being sought has or has not been located, and 22 either: 23 (i) has indicated a wish to make contact and has 24 been given information and forms necessary to register; 25 or 26 (ii) has indicated a wish not to make contact. 27 Section 20. Effect on subsequent searches when person sought in 28 initial search refuses contact. 29 (a) Effect of previous searches.--If an adult adoptee or the 30 adoptive parent of a minor or deceased adoptee has initiated a 20030H1172B1388 - 13 -
1 search under section 18, the fact that the person being sought 2 in the original search does not wish to make contact does not 3 prevent the adult adoptee or the adoptive parent from requesting 4 another search for a birth parent not previously contacted. An 5 adult adoptee or the adoptive parent of a minor or deceased 6 adoptee may not request a search for a genetic sibling of the 7 adoptee if there was a previous search for a birth parent of the 8 adoptee and the birth parent did not want to make contact with 9 the adult adoptee or adoptive parent. 10 (b) Process and fees.--The adult adoptee or adoptive parent 11 of a minor or deceased adoptee shall request the search by 12 repeating the process set out in section 18 and by paying the 13 fees established by the department pursuant to section 22. 14 Section 21. Support services; adoption and reunion issues. 15 Information about agency and community resources regarding 16 psychological issues in adoption and reunion shall be provided 17 by the department: 18 (1) To all persons requesting a search under section 18. 19 (2) To those persons the department identifies and 20 locates as the result of a search under section 18 and who 21 express a wish to receive information. 22 Section 22. Rulemaking and fees. 23 (a) Rulemaking.--The department by regulation shall 24 establish: 25 (1) Standards of conduct for employees or agents that 26 conduct searches pursuant to section 18. 27 (2) Contracting procedures for entities under section 7 28 that conduct searches pursuant to section 18. 29 (3) Search procedures to be followed by employees or 30 agents that conduct searches pursuant to section 18. 20030H1172B1388 - 14 -
1 (4) Fees to be paid by persons requesting a search under 2 section 18. 3 (b) Fees.--Fees authorized under this section include: 4 (1) A fee to be paid to the department to cover all 5 costs incurred in the search but not to exceed $300. 6 (2) A fee to be paid to the department to cover the 7 administrative costs incurred in administering the search 8 program. 9 Section 23. Access to department or private agency records. 10 A private adoption agency may allow the department to examine 11 confidential adoption records maintained by the agency as part 12 of a search conducted pursuant to section 18. 13 Section 39. Repeals. 14 Those portions of 23 Pa.C.S. § 2905 which are inconsistent 15 with this act are repealed. 16 Section 40. Effective date. 17 This act shall take effect in 60 days. L30L23JS/20030H1172B1388 - 15 -