PRINTER'S NO. 1646
No. 1134 Session of 2004
INTRODUCED BY GREENLEAF, LEMMOND, M. WHITE, RAFFERTY, BOSCOLA,
ERICKSON, WONDERLING, CORMAN, PIPPY AND PILEGGI, MAY 26, 2004
REFERRED TO JUDICIARY, MAY 26, 2004
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for adoption.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Part III of Title 23 of the Pennsylvania
6 Consolidated Statutes is repealed.
7 Section 2. Title 23 is amended by adding a part to read:
8 PART III
9 ADOPTION
10 Chapter
11 21. General Provisions
12 22. Termination of Parental Rights
13 23. Proceedings Prior to Petition to Adopt
14 24. Adoption Proceedings
15 25. Records and Access to Information
16 CHAPTER 21
17 GENERAL PROVISIONS
18 Sec.
1 2101. Short title of part.
2 2102. Definitions.
3 2103. Jurisdiction.
4 2104. Venue.
5 2105. Who may be adopted.
6 2106. Representation.
7 2107. Religious belief.
8 2108. Governing law.
9 2109. Agreement for continuing contact.
10 2110. Data collection and reporting.
11 2111. Adoption of individual 18 years of age or older.
12 2112. Masters.
13 2113. Confidentiality.
14 2114. Penalty for unauthorized disclosure.
15 § 2101. Short title of part.
16 This part shall be known and may be cited as the Adoption
17 Act.
18 § 2102. Definitions.
19 The following words and phrases when used in this part shall
20 have the meanings given to them in this section unless the
21 context clearly indicates otherwise:
22 "Adoptee." An individual who has been adopted.
23 "Adoption." The judicial act of creating the relationship of
24 parent and child if it did not exist previously.
25 "Adoption-related counseling services." Services offered by
26 an agency, approved by the Department of Public Welfare, that,
27 at a minimum, provide a parent, presumptive father or putative
28 father with assistance in understanding the adoption process,
29 the individual's rights and obligations, the consequences of a
30 decision to relinquish parental rights and the alternatives to
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1 relinquishment and adoption.
2 "Adoptive parent." An individual who has adopted a child.
3 "Agency." A public or private entity, including a county
4 agency that:
5 (1) is licensed, supervised or regulated by the
6 Department of Public Welfare; and
7 (2) provides adoption services.
8 "Child." An individual under the age of 18 years.
9 "Clerk." The clerk of the division of the court of common
10 pleas that has jurisdiction over proceedings for termination of
11 parental rights and adoption proceedings.
12 "County agency." The county children and youth social
13 service agency established under section 405 of the act of June
14 24, 1937 (P.L.2017, No.396), known as the County Institution
15 District Law, or its successor, and supervised by the Department
16 of Public Welfare under Article IX of the act of June 13, 1967
17 (P.L.31, No.21), known as the Public Welfare Code.
18 "Court." The division of the court of common pleas which has
19 jurisdiction over proceedings for termination of parental rights
20 and adoption.
21 "Custodial agency." The agency having legal custody of the
22 child proposed to be adopted.
23 "Department." The Department of Public Welfare of the
24 Commonwealth.
25 "Family profile." An agency's formal assessment of the
26 capacity and readiness of a prospective adoptive parent to adopt
27 a child conducted in accordance with the provisions of this
28 part.
29 "Guardian ad litem." An attorney appointed by the court to
30 promote the needs, welfare and best interests of a child in a
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1 proceeding under this part.
2 "Identifying information." Information which when released
3 discloses the identity of an individual directly or indirectly
4 through circumstantial inference.
5 "Medical history information." Medical records and other
6 information concerning an adoptee or an adoptee's birth family
7 that is relevant to the present or future health care or medical
8 treatment of the adoptee or the adoptee's birth family. The term
9 includes, but is not limited to, the following:
10 (1) Otherwise confidential or privileged information if
11 identifying information has been removed under section 2525
12 (relating to providing information from registry).
13 (2) Information about the birth parents of a child that
14 may concern a potential hereditary or congenital medical
15 problem.
16 "Nonidentifying information." Information that when released
17 does not disclose the identity of an individual directly or
18 indirectly through circumstantial inference.
19 "Parent." A birth parent or an adoptive parent of a child.
20 "Presumptive father." The husband of the birth mother when
21 the child was born or an individual who was the husband of the
22 birth mother at any time within one year of the birth of the
23 child. A presumptive father is not necessarily the birth father
24 of the child.
25 "Prospective adoptive parent." An individual proposing to
26 adopt a child.
27 "Putative father." An alleged birth father of a child
28 conceived or born out of wedlock.
29 "Social history information." The term includes, but is not
30 limited to, the following:
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1 (1) Information about the adoptee and birth relatives of
2 the adoptee, including economic, cultural and ethnic
3 information.
4 (2) A developmental history of the adoptee, including
5 the circumstances at birth, early development and subsequent
6 age-appropriate task development.
7 (3) The social experiences of the adoptee, including
8 abuse and neglect, out-of-home care and patterns of
9 interpersonal relationships.
10 (4) The educational experiences of the adoptee,
11 including the name of schools attended and dates of
12 enrollment, academic performance, extra-curricular activities
13 and special interests.
14 (5) The current functioning of the adoptee, including
15 behavioral patterns and relationships.
16 (6) The circumstances surrounding the adoption.
17 "Stepparent." The husband or wife of a parent, who is not
18 the child's birth parent or adoptive parent.
19 § 2103. Jurisdiction.
20 The court of common pleas of each county shall exercise
21 through the appropriate division original jurisdiction over
22 termination of parental rights and adoption proceedings.
23 § 2104. Venue.
24 Proceedings for termination of parental rights and adoption
25 must be brought in the court of the county where:
26 (1) the parent, child or prospective adoptive parent
27 resides;
28 (2) the agency having custody of the child is located;
29 (3) the agency which placed the child is located; or
30 (4) the child formerly resided, but only with leave of
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1 court.
2 § 2105. Who may be adopted.
3 Any individual may be adopted regardless of age or residence.
4 § 2106. Representation.
5 (a) Child.--
6 (1) In a proceeding under Subchapter C of Chapter 22
7 (relating to involuntary termination of parental rights) when
8 the proceeding is being contested by one or both of the
9 parents of the child, the court shall appoint a guardian ad
10 litem for the child and may if necessary appoint an attorney
11 for the child.
12 (2) The court may appoint a guardian ad litem in a
13 proceeding under this part if the appointment serves the
14 needs, welfare and best interests of the child.
15 (3) Unless the court directs otherwise, the attorney or
16 guardian ad litem for the child in a proceeding under this
17 part shall be the same individual who served as the attorney
18 or guardian ad litem for the child in a dependency proceeding
19 under 42 Pa. C.S. Ch. 63 (relating to juvenile matters).
20 (b) Parent.--In a proceeding under Subchapter C of Chapter
21 22 the court shall appoint an attorney for a parent whose
22 parental rights with respect to the child are subject to
23 termination if:
24 (1) the parent requests an attorney; and
25 (2) the court determines that either the parent is
26 unable to pay for an attorney or payment will result in
27 substantial financial hardship for the parent.
28 (c) Payment of costs.--The court shall order the county in
29 which the case is heard under this part to pay the costs of the
30 appointment of a guardian ad litem or an attorney under this
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1 section.
2 (d) Conflict of interest.--An attorney or a law firm may not
3 represent both a party and the child in a proceeding under this
4 part.
5 (e) Powers and duties of guardians ad litem.--A guardian ad
6 litem for the child shall promote the needs, welfare and best
7 interests of the child at every stage of the proceedings under
8 this part and shall have the following rights and duties:
9 (1) Meet with the child as soon as possible following
10 the appointment and on a regular basis thereafter in a manner
11 appropriate to the child's age and maturity.
12 (2) On a timely basis, be given access to relevant
13 information and records relating to the proceedings under
14 this part.
15 (3) Participate in any proceeding under this part and in
16 any appeal of a court order under this part.
17 (4) Appeal a court order under this part if in the best
18 interests of the child.
19 (5) Conduct such further investigation necessary to
20 ascertain facts.
21 (6) Interview potential witnesses, examine and cross-
22 examine witnesses and present witnesses and evidence in any
23 proceeding under this part.
24 (7) Submit written recommendations to the court
25 regarding the best interests of the child and set forth in
26 the recommendations any wishes expressed by the child,
27 whether or not the guardian ad litem agrees with them.
28 (8) Explain the proceedings to the child to the extent
29 appropriate given the child's age and maturity.
30 § 2107. Religious belief.
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1 An agency may honor the preference of a parent regarding the
2 religious faith in which a prospective adoptive parent intends
3 to raise the adopted child. A person may not be denied the
4 benefits of this part because of a religious belief.
5 § 2108. Governing law.
6 (a) Interstate placement.--If a child is brought into this
7 Commonwealth from another state for the purpose of adoption or
8 placement for adoption, the law of this Commonwealth governs,
9 except as provided in section 2220 (relating to validity of
10 voluntary relinquishment form from another jurisdiction).
11 (b) Intercountry placement.--If a child is brought into this
12 Commonwealth from another country for the purpose of adoption or
13 placement for adoption, the law of this Commonwealth governs,
14 except as provided in section 2220.
15 § 2109. Agreement for continuing contact.
16 (a) Who may enter agreement.--A prospective adoptive parent,
17 an adoptive parent or a legal guardian of the child may at any
18 time enter into a written agreement with a birth parent or other
19 birth relative of the child to permit continuing contact between
20 the child and that birth parent or other birth relative.
21 (b) Filing of agreement.--An agreement under this section
22 shall be filed with the court that finalized or will finalize
23 the adoption of the child.
24 (c) Modification of agreement.--Only a prospective adoptive
25 parent, an adoptive parent or a legal guardian of the child may
26 seek to modify an agreement under this section.
27 (d) Enforcement of agreement.--
28 (1) If the child was 12 years of age or older when an
29 agreement under this section was executed, the agreement is
30 enforceable only if the child consented to the agreement at
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1 the time of its execution.
2 (2) A birth parent or another birth relative of the
3 child who is a party to the agreement may seek to enforce the
4 agreement by filing an action in the court that finalized or
5 will finalize the adoption.
6 (3) A birth parent or another birth relative of the
7 child who is a party to the agreement may request only
8 specific performance in seeking to enforce the agreement and
9 may not request monetary damages or modification of the
10 agreement.
11 (4) Before the court may enter an order enforcing the
12 agreement, it must find all the following:
13 (i) The birth parent or another birth relative of
14 the child who is a party to the agreement participated or
15 attempted to participate in mediating the dispute in good
16 faith before filing the enforcement action.
17 (ii) The birth parent or another birth relative of
18 the child who is a party to the agreement is in
19 compliance with the agreement.
20 (iii) By clear and convincing evidence, enforcement
21 serves the needs, welfare and best interests of the
22 child.
23 (5) This subsection constitutes the exclusive remedy for
24 enforcement of an agreement under this section, and no
25 statutory or common law remedy shall be available for
26 enforcement or damages in connection with an agreement under
27 this section.
28 § 2110. Data collection and reporting.
29 (a) Establishment of system.--The department shall establish
30 a Statewide data collection and reporting system for
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1 nonidentifying statistical information regarding adoptions.
2 (b) Purpose of system.--The purpose of the system
3 established under this section is to develop more reliable data
4 on adoption practices and improve the analysis of trends and
5 issues in adoptions.
6 (c) Annual report.--
7 (1) Beginning one year after the effective date of this
8 section and annually thereafter, the department shall submit
9 to the General Assembly, the Governor and the Supreme Court
10 Administrator's Office a report that includes the information
11 received under this section, the total number of children
12 receiving adoption assistance and the number of children
13 receiving each type of adoption assistance.
14 (2) The department shall include in the report under
15 paragraph (1) any analysis of the data or recommendation that
16 it deems appropriate.
17 (d) Information from court.--Each court shall provide to the
18 department the total number of adoptions finalized during the
19 specified reporting period and the following information
20 relating to each adoption:
21 (1) The child's date of birth, race and place of birth.
22 (2) The date of birth and race of the birth parents of
23 the child, if known.
24 (3) The date of birth and race of the adoptive parents
25 of the child.
26 (4) Whether the adoptive parent is a stepparent, foster
27 parent or relative of the child and the relationship to the
28 child, if any.
29 (5) Whether the birth parents of the child executed a
30 voluntary relinquishment form or parental rights were
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1 terminated involuntarily and the date that parental rights
2 with respect to the child were terminated.
3 (6) Whether the child was in the custody of an agency or
4 in private placement when the petition for adoption was
5 filed.
6 (7) The length of time the child was in the custody of
7 an agency or in private placement before the adoption was
8 finalized.
9 (8) The date the court entered the adoption decree.
10 (9) Whether the child was eligible for and received
11 adoption assistance and what type was received, if any.
12 (10) Any other information that the department requires.
13 (e) Cooperation by agency.--An agency shall cooperate to the
14 fullest extent possible in providing the court information
15 concerning adoptions that the court is required to provide to
16 the department.
17 (f) Information from county agency.--Each county agency
18 shall provide to the department information for the specified
19 reporting period, including, but not limited to, the following:
20 (1) The number of children with the goal of adoption.
21 (2) The following information regarding each child with
22 the goal of adoption:
23 (i) The length of time that the child has been
24 waiting to be placed for adoption.
25 (ii) The length of time that the child has been in
26 foster or other care.
27 (iii) Demographic information regarding the child,
28 including age, race, gender and any characteristic of the
29 child which makes the child eligible for adoption
30 assistance.
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1 (3) The number of children placed for adoption.
2 (4) Demographic information regarding each child placed
3 for adoption, including age, race and gender and any
4 characteristic of the child that makes the child eligible for
5 adoption assistance.
6 (g) Rules and regulations.--The department shall promulgate
7 rules and regulations necessary to implement this section,
8 including, but not limited to, the establishment of specified
9 reporting periods and the development of forms.
10 § 2111. Adoption of individual 18 years of age or older.
11 (a) Requirements for adoption.--If an individual petitions
12 the court to adopt another individual who is 18 years of age or
13 older, the court shall require the following before it
14 determines whether to grant the adoption:
15 (1) The consent of the individual proposed to be
16 adopted.
17 (2) Any information under section 2402 (relating to
18 contents of petition for adoption) required by the court.
19 (b) Procedures necessary for adoption.--The court shall
20 determine which, if any, procedures under Chapter 24 (relating
21 to adoption proceedings) must be followed for an adoption under
22 this section.
23 (c) Change of name.--If an individual 18 years of age or
24 older is proposed to be adopted and seeks approval of a change
25 of name, the individual must submit an application for change of
26 name. Notwithstanding section 2511 (relating to court and agency
27 records), information shall be forwarded to the Pennsylvania
28 State Police pursuant to 54 Pa.C.S. § 702 (relating to change by
29 order of court) without the need for an order of court. The
30 court may grant the adoption under this part even if it does not
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1 order the change of name under 54 Pa.C.S. § 702.
2 § 2112. Masters.
3 (a) General rule.--The governing authority may promulgate
4 rules for the selection and appointment of masters on a full-
5 time or part-time basis. A master shall be a member of the bar
6 of this Commonwealth. The number and compensation of masters
7 shall be fixed by the court, and their compensation shall be
8 paid by the county.
9 (b) Hearings before masters.--
10 (1) The court of common pleas may direct that hearings
11 in any cases involving the termination of parental rights
12 under this part be conducted in the first instance by the
13 master in the manner provided in this part.
14 (2) Before commencing the hearing, the master shall
15 inform the parties who have appeared that they are entitled
16 to have the matter heard by a judge. If a party objects to
17 the hearing before the master, the hearing shall be conducted
18 by a judge.
19 (3) The hearing before a master shall be transcribed and
20 conducted in the same manner as though it were being
21 conducted by a judge of the court.
22 (c) Recommendations of masters.--
23 (1) Upon the conclusion of a hearing before a master,
24 the master shall transmit written findings and
25 recommendations for disposition to the appropriate judge of
26 the court.
27 (2) Prompt written notice and copies of the findings and
28 recommendations shall be given to the parties to the
29 proceedings.
30 (3) Unless a rehearing is ordered under subsection (d),
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1 the findings and recommendations of the master become the
2 findings and order of the court when confirmed in writing by
3 the judge.
4 (d) Rehearing before judge.--The appropriate judge of the
5 court may at any time upon cause shown order a rehearing of the
6 matter presented to the master.
7 § 2113. Confidentiality.
8 The court shall take such steps as are reasonably necessary
9 to ensure that the identity of a prospective adoptive parent or
10 an adoptive parent is not disclosed in connection with any
11 proceeding under this part unless the prospective adoptive
12 parent or adoptive parent consents to the disclosure. The
13 Supreme Court may prescribe uniform rules relating to
14 confidentiality.
15 § 2114. Penalty for unauthorized disclosure.
16 Any officer or employee of the court, other than a judge
17 thereof, the Department of Health, the Department of Public
18 Welfare or any agency that willfully discloses impounded or
19 otherwise confidential information relating to an adoption,
20 other than as expressly authorized and provided in this part,
21 commits a misdemeanor of the third degree.
22 CHAPTER 22
23 TERMINATION OF PARENTAL RIGHTS
24 Subchapter
25 A. General Provisions
26 B. Voluntary Relinquishment of Parental Rights
27 C. Involuntary Termination of Parental Rights
28 D. Termination of Parental Rights Hearing and Decree
29 SUBCHAPTER A
30 GENERAL PROVISIONS
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1 Sec.
2 2201. Termination of parental rights.
3 2202. Notice to birth parent and adoptive parent.
4 2203. Adoption-related counseling services.
5 2204. Authority of agency or individual receiving custody.
6 2205. Custody of child during proceeding.
7 § 2201. Termination of parental rights.
8 (a) General rule.--Termination of parental rights shall only
9 occur pursuant to this chapter. A petition to terminate parental
10 rights may be filed under Subchapter B (relating to voluntary
11 relinquishment of parental rights) or C (relating to involuntary
12 termination of parental rights).
13 (b) Parent of child.--The parental rights of a parent of a
14 child must be terminated before another individual may adopt
15 that child unless the prospective adoptive parent is the
16 stepparent of the child.
17 § 2202. Notice to birth parent and adoptive parent.
18 (a) Purpose.--The notice under this section is intended to
19 provide a birth parent and adoptive parent with information
20 regarding the ability of the parent to access medical and social
21 history information from the information registry established by
22 the department in Subchapter C of Chapter 25 (relating to
23 information registry).
24 (b) Notice to birth parent.--The notice shall advise that
25 the birth parent may at any time:
26 (1) Add medical and social history information to court
27 records for the benefit of the adoptee.
28 (2) File and update medical and social history
29 information with the information registry by using a form
30 developed by the department.
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1 (3) Ask the court to request medical or social history
2 information relating to the adoptee.
3 (c) Notice to adoptive parent.--The notice shall advise that
4 the adoptive parent may at any time:
5 (1) Add medical and social history information to the
6 court records for the benefit of a birth parent of the
7 adoptee.
8 (2) Access medical and social history information filed
9 by a birth parent of the adoptee with the information
10 registry established by the department.
11 (3) Ask the court to request medical or social history
12 information relating to a birth parent of the adoptee.
13 (d) Current address.--A birth parent and an adoptive parent
14 of the adoptee shall provide a current address to the court to
15 ensure receipt of medical and social history information from
16 the court.
17 (e) Distribution.--The notice must be attached to the
18 following:
19 (1) Any applicable notice required under Subchapter D
20 (relating to termination of parental rights hearing and
21 decree).
22 (2) The voluntary relinquishment form under section 2212
23 (relating to contents of voluntary relinquishment form).
24 (3) A final decree of termination of parental rights
25 under section 2246 (relating to decree of termination).
26 (4) The adoption decree under section 2431 (relating to
27 requirements and form of decree of adoption).
28 (f) Medical and social history information form.--The form
29 for medical and social history information, developed by the
30 department under Subchapter C of Chapter 25, shall accompany the
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1 notice under this section.
2 § 2203. Adoption-related counseling services.
3 (a) Purpose of counseling.--The purpose of counseling under
4 this section is to provide a birth parent with assistance in
5 understanding the adoption process, the birth parent's rights
6 and obligations, the consequences of a decision to relinquish
7 parental rights and the alternatives to relinquishment and
8 adoption.
9 (b) Right to counseling.--A parent, presumptive father,
10 putative father or an agency or attorney acting on behalf of the
11 parent, who is unable to pay for the counseling or who will
12 experience substantial financial hardship as a result of
13 payment, may apply for counseling under this section, if the
14 individual:
15 (1) is considering relinquishing parental rights with
16 respect to a child or placing a child for adoption; or
17 (2) has relinquished parental rights with respect to a
18 child or placed a child for adoption.
19 (c) Compilation of list.--Each county shall compile a list
20 of qualified counselors and counseling service providers,
21 including agencies, which are available within the county and
22 surrounding area to provide counseling under this section.
23 (d) Distribution of list.--
24 (1) Each county shall provide the list compiled under
25 subsection (c) to the following:
26 (i) Each agency within the county.
27 (ii) Each health care provider of obstetrical or
28 maternity care within the county.
29 (iii) Any person upon request.
30 (2) Any agency or health care provider of obstetrical or
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1 maternity care that received the list compiled under
2 subsection (c) shall provide the list to any individual it
3 knows is considering relinquishing parental rights with
4 respect to a child or placing a child for adoption.
5 (e) Notice of availability of list.--The department shall
6 provide notice of the availability of the list compiled under
7 subsection (c) to any man filing either an acknowledgment of
8 paternity or a claim of paternity under section 5103 (relating
9 to acknowledgment and claim of paternity).
10 (f) Referral for counseling.--
11 (1) If a parent decides to receive counseling, the
12 individual shall contact the county for a referral
13 authorizing counseling.
14 (2) The county shall provide the parent with a referral
15 within three days of receiving the request.
16 (3) The county shall advise the parent of the procedures
17 to obtain counseling services.
18 (4) If during a hearing for termination of parental
19 rights the parent decides to seek counseling services under
20 this section, the court shall continue the hearing for up to
21 15 days to accommodate the counseling.
22 (g) Counseling fund.--Each county shall establish a separate
23 fund to pay for adoption-related counseling services under this
24 section. The source of the counseling fund shall be the fee
25 collected under subsection (h). The county may make supplemental
26 appropriations to the counseling fund.
27 (h) Filing fee.--
28 (1) Each report of intention to adopt filed pursuant to
29 section 2317 (relating to report of intention to adopt) shall
30 be accompanied by a filing fee in the amount of $75 which
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1 shall be transferred to the county to pay for adoption-
2 related counseling services. All costs of counseling services
3 provided to individuals who are unable to pay for such
4 services shall be paid from the fund.
5 (2) No filing fee may be exacted under this subsection
6 with respect to the adoption of a special needs child who
7 would be eligible for adoption assistance pursuant to
8 regulations promulgated by the department. In addition, the
9 court may reduce or waive the fee in cases of demonstrated
10 financial hardship.
11 (i) Additional counseling.--The frequency of adoption-
12 related counseling services shall be determined by the county in
13 accordance with regulations promulgated by the department, which
14 take into account the needs of the parent.
15 (j) Designation by county.--Each county shall designate an
16 agency within the county to implement the provisions of this
17 section.
18 § 2204. Authority of agency or individual receiving custody.
19 An agency or individual receiving custody of a child under
20 this chapter shall stand in loco parentis to the child and in
21 such capacity shall have the authority, inter alia, to consent
22 to marriage, to enlistment in the armed forces and to major
23 medical, psychiatric and surgical treatment and to exercise such
24 other authority concerning the child as a birth parent could
25 exercise.
26 § 2205. Custody of child during proceeding.
27 During the pendency of a proceeding under this chapter,
28 unless the court directs otherwise, custody of the child shall
29 remain with the individual or agency that had custody at the
30 time the petition was filed.
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1 SUBCHAPTER B
2 VOLUNTARY RELINQUISHMENT OF PARENTAL RIGHTS
3 Sec.
4 2211. Execution of voluntary relinquishment form.
5 2212. Contents of voluntary relinquishment form.
6 2213. Validity of voluntary relinquishment form.
7 2214. Revocation of voluntary relinquishment form.
8 2215. Termination of parental rights pursuant to irrevocable
9 voluntary relinquishment form.
10 2216. Termination of parental rights in voluntary
11 relinquishment hearing.
12 2217. Hearing for minor birth parent.
13 2218. Designation of individual to adopt child.
14 2219. Judicial set-aside.
15 2220. Validity of voluntary relinquishment form from another
16 jurisdiction.
17 2221. Consents by others regarding relinquishment.
18 § 2211. Execution of voluntary relinquishment form.
19 (a) Who may execute a voluntary relinquishment form.--The
20 following individuals may execute a voluntary relinquishment
21 form in order to voluntarily relinquish their parental rights
22 with respect to a child:
23 (1) A parent.
24 (2) A presumptive father.
25 (3) A putative father.
26 (b) Information prior to execution of voluntary
27 relinquishment form.--Before executing a voluntary
28 relinquishment form, an individual must be given a copy of the
29 notice under section 2202 (relating to notice to birth parent
30 and adoptive parent) and have been informed of the following:
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1 (1) The meaning and consequences of adoption.
2 (2) The availability of adoption-related counseling
3 services.
4 (3) The consequences of misidentifying the other birth
5 parent of the child.
6 (4) The right to place and update medical and social
7 history information on file with:
8 (i) the court which finalized the adoption;
9 (ii) the agency which coordinated the adoption;
10 (iii) the Department of Health; and
11 (iv) the information registry established under
12 Subchapter C of Chapter 25 (relating to information
13 registry).
14 (c) Witnesses to execution.--The voluntary relinquishment
15 form shall include the date and place of execution and names and
16 addresses of at least two persons who witnessed its execution
17 and their relationship to the individual executing the voluntary
18 relinquishment form.
19 § 2212. Contents of voluntary relinquishment form.
20 (a) General rule.--Except when a parent consents to the
21 adoption of his child by his spouse, the voluntary
22 relinquishment form shall be in substantially the following
23 form:
24 I hereby voluntarily relinquish my parental rights to the
25 above-named child.
26 I understand that by signing this voluntary
27 relinquishment form I indicate my intent to permanently
28 give up all rights to this child.
29 I understand that such child will be placed for adoption.
30 I understand that I have a right to consult an attorney
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1 who is not the attorney for the adopting parent.
2 I have been informed of the meaning and consequences of
3 adoption.
4 I have been offered adoption-related counseling services.
5 I understand the consequences of misidentifying the other
6 birth parent to the child.
7 I understand that I have the right to place and update
8 medical and social history information on file with the
9 court which finalized the adoption, the agency which
10 coordinated the adoption, the Department of Health and
11 the information registry in the Department of Public
12 Welfare.
13 If I am the birth mother, I understand that I may revoke
14 this voluntary relinquishment form by placing the
15 revocation in writing and delivering it to the agency or
16 adult to whom the child was relinquished within 30 days
17 after signing.
18 If I am the birth, presumptive or putative father, I
19 understand that I may revoke this voluntary
20 relinquishment form by placing the revocation in writing
21 and delivering it to the agency or adult to whom the
22 child was relinquished within 30 days after either the
23 birth of the child or the signing of this form, whichever
24 occurs later.
25 I have read and understand the above and I am signing it
26 as a free and voluntary act.
27 (b) Minor birth parent.--If the birth parent is less than 18
28 years of age, the following apply:
29 (1) The minor parent must be represented by an attorney
30 that is not representing the prospective adoptive parent.
20040S1134B1646 - 22 -
1 (2) The minor parent must provide the agency or attorney
2 coordinating the adoption with the name and address of his or
3 her parent or legal guardian.
4 (3) If the minor parent does not provide the name and
5 address of his or her parent or legal guardian, a hearing
6 must be held under section 2217 (relating to hearing for
7 minor birth parent).
8 (4) If a hearing must be held for the minor birth
9 parent, the voluntary relinquishment form is revocable until
10 30 days after the hearing.
11 (5) The voluntary relinquishment form for a minor birth
12 parent must contain the following statements in addition to
13 those required under subsection (a):
14 I understand that if I am less than 18 years of age, I
15 must be represented by an attorney. I understand that if
16 I am less than 18 years of age, I must provide the name
17 and address of my parent or legal guardian. If I do not
18 provide this information, I understand that I will be
19 required to attend a hearing, at which time the judge
20 will review with me the voluntary relinquishment form and
21 determine if I understand the voluntary relinquishment
22 process. I understand that if I am required to attend a
23 hearing, my voluntary relinquishment form is revocable
24 until 30 days after the hearing.
25 (c) Additional information.--
26 (1) A voluntary relinquishment form may designate an
27 individual to adopt the child.
28 (2) The voluntary relinquishment form must state that
29 the parent has been informed of the right to have an attorney
30 who is not representing the adopting parent.
20040S1134B1646 - 23 -
1 (3) The voluntary relinquishment form shall not be valid
2 unless the individual executing the form provides a written
3 acknowledgment that adoption-related counseling services have
4 been offered. If counseling services have been provided, the
5 name and address of the agency or individual providing the
6 counseling must be set forth.
7 § 2213. Validity of voluntary relinquishment form.
8 (a) Birth mother over the age of 18 years.--A voluntary
9 relinquishment form executed by a birth mother shall not be
10 valid if it was executed prior to 72 hours after the birth of
11 the child. If 72 hours have passed since the birth of the child,
12 the voluntary relinquishment form is irrevocable 30 days after
13 execution.
14 (b) Birth, presumptive or putative father over the age of 18
15 years.--A birth, presumptive or putative father may sign a
16 voluntary relinquishment form at any time after receiving notice
17 of the actual or expected birth of the child. A voluntary
18 relinquishment form is revocable until 30 days after the birth
19 of the child or 30 days after execution, whichever occurs later.
20 (c) Parent under 18 years of age.--If the minor birth parent
21 does not provide the name and address of his or her parent or
22 legal guardian pursuant to section 2212(b) (relating to contents
23 of voluntary relinquishment form), and a hearing must be held
24 pursuant to section 2217 (relating to hearing for minor birth
25 parent), the voluntary relinquishment form executed by the minor
26 birth parent is revocable until 30 days after the hearing.
27 § 2214. Revocation of voluntary relinquishment form.
28 (a) General rule.--The revocation of the voluntary
29 relinquishment form shall be in writing and shall be delivered
30 to the agency or adult to whom the child was relinquished.
20040S1134B1646 - 24 -
1 (b) Time period.--The written revocation must be delivered
2 within the following time periods:
3 (1) Birth mother, within 30 days after signing.
4 (2) Birth, presumptive or putative father, within 30
5 days after either the birth of the child or the signing of
6 the voluntary relinquishment form, whichever occurs later.
7 (3) Birth parent less than 18 years of age when a
8 hearing is required under section 2217 (relating to hearing
9 for minor birth parent), within 30 days after the hearing.
10 (c) Waiver of revocation period prohibited.--An individual
11 may not waive the applicable revocation period under subsection
12 (b).
13 § 2215. Termination of parental rights pursuant to irrevocable
14 voluntary relinquishment form.
15 (a) Petition.--A petition must be filed requesting that the
16 parental rights of the individual who executed a voluntary
17 relinquishment form be terminated with respect to the child.
18 (b) When petition filed.--If the parent of the child has
19 executed a voluntary relinquishment form under section 2211
20 (relating to execution of voluntary relinquishment form) and the
21 relevant time period under section 2213 (relating to validity of
22 voluntary relinquishment form) has passed since the execution of
23 the voluntary relinquishment form, the agency or prospective
24 adoptive parent may petition the court to hold a hearing
25 pursuant to section 2241 (relating to hearing) for the purpose
26 of determining the validity of the irrevocable voluntary
27 relinquishment form and to terminate parental rights.
28 (c) Attachments to petition.--The following must be attached
29 to the petition:
30 (1) The executed voluntary relinquishment form under
20040S1134B1646 - 25 -
1 section 2212 (relating to contents of voluntary
2 relinquishment form).
3 (2) The applicable consent under section 2221 (relating
4 to consents by others regarding relinquishment).
5 (3) A written acknowledgment by the individual executing
6 the voluntary relinquishment form that:
7 (i) adoption-related counseling services under
8 section 2203 (relating to adoption-related counseling
9 services) were offered to the individual;
10 (ii) if the individual requested the services,
11 whether the adoption-related counseling services were
12 provided; and
13 (iii) if the services were provided to the
14 individual, the name and address of the service provider.
15 (4) An averment that the petitioner will assume custody
16 of the child until such time as the child is adopted.
17 § 2216. Termination of parental rights in voluntary
18 relinquishment hearing.
19 (a) General rule.--A parent may file a petition requesting
20 that the court hold a hearing for the purpose of allowing that
21 parent to voluntarily relinquish his parental rights.
22 (b) Hearing.--A hearing shall be held pursuant to the
23 requirements of section 2241 (relating to hearing) or 2217
24 (relating to hearing for minor birth parent).
25 (c) Birth, presumptive or putative father.--A hearing to
26 voluntarily relinquish parental rights requested by a birth,
27 presumptive or putative father may not be held until after the
28 birth of the child.
29 (d) Notice.--Notice of the scheduling of the hearing shall
30 be given pursuant to sections 2242 (relating to general notice
20040S1134B1646 - 26 -
1 requirements) and 2243 (relating to notice to putative father).
2 (e) Decree of termination.--The decree of termination shall
3 be entered pursuant to section 2246 (relating to decree of
4 termination).
5 (f) Consent to accept custody.--The consent of the custodial
6 agency or prospective adoptive parent to accept custody of the
7 child until the adoption is finalized must be attached to the
8 petition.
9 § 2217. Hearing for minor birth parent.
10 (a) Applicability.--This section applies only if the birth
11 parent who executed the voluntary relinquishment form is under
12 18 years of age and did not provide the name and address of the
13 birth parent's parent or legal guardian.
14 (b) Purpose of hearing.--The purpose of the hearing is to
15 determine whether the minor birth parent understands the
16 contents and consequences of signing a voluntary relinquishment
17 form.
18 (c) Expedited hearing.--The hearing for the minor birth
19 parent shall be held within three business days after the filing
20 of a petition under this section. An expedited hearing may not
21 be held for a minor birth, putative or presumptive father until
22 after the birth of the child.
23 (d) Procedure for hearing.--
24 (1) A hearing under this section must be private.
25 (2) The court shall review the contents of the executed
26 voluntary relinquishment form with the minor birth parent and
27 determine whether the birth parent understands the contents
28 and consequences of signing the voluntary relinquishment
29 form.
30 (3) If the court determines that the minor birth parent
20040S1134B1646 - 27 -
1 understands the contents and consequences of signing the
2 voluntary relinquishment form, the court shall allow the
3 voluntary relinquishment process to continue.
4 (e) Notice to minor birth parent.--If satisfied that the
5 minor birth parent understands the contents and consequences of
6 signing the voluntary relinquishment form, the court shall
7 advise the birth parent that the voluntary relinquishment form
8 shall become irrevocable 30 days after the date of the hearing.
9 (f) Hearing to terminate parental rights.--In order to
10 obtain a decree terminating the parental rights of the minor
11 birth parent, the requirements of sections 2215 (relating to
12 termination of parental rights pursuant to irrevocable voluntary
13 relinquishment form) and 2241 (relating to hearing), must be
14 followed after the revocation period under section 2214
15 (relating to revocation of voluntary relinquishment form) has
16 passed.
17 § 2218. Designation of individual to adopt child.
18 (a) Designation of prospective adoptive parent.--A parent
19 executing a voluntary relinquishment form under section 2211
20 (relating to execution of voluntary relinquishment form) may
21 designate an individual to adopt the child.
22 (b) Petition to set aside.--If the child is not adopted by
23 the individual designated in the voluntary relinquishment form,
24 the parent who executed the voluntary relinquishment form may
25 file a petition under section 2219 (relating to judicial set-
26 aside) to set aside both the voluntary relinquishment or the
27 decree of termination of parental rights within ten days of
28 service of the notice under subsection (c) with the court in
29 which the petition to terminate parental rights pursuant to
30 voluntary relinquishment was filed.
20040S1134B1646 - 28 -
1 (c) Notice when adoption not finalized.--
2 (1) If the child is not or will not be adopted by the
3 individual designated in the voluntary relinquishment form
4 because the individual is not ready, willing and able to
5 adopt the child or the individual is not deemed suitable to
6 adopt the child, the agency or attorney coordinating the
7 adoption shall give notice in substantially the following
8 form to the parent who executed the voluntary relinquishment
9 form:
10 To: (insert name of parent who executed the voluntary
11 relinquishment form)
12 You executed a voluntary relinquishment form and
13 designated (insert name of individual designated in the
14 voluntary relinquishment form) to adopt (insert name of
15 child). However, this adoption has not occurred.
16 Therefore, you have the right to petition to set aside
17 your voluntary relinquishment or the decree of
18 termination of parental rights within ten days of
19 receiving this notice. The petition to set aside must be
20 filed with (insert the court of the county in which the
21 petition to terminate parental rights pursuant to
22 voluntary relinquishment was filed). If you do not file a
23 timely petition to set aside, the child may be adopted by
24 another individual without additional notice to you. You
25 should take this document to your attorney at once. If
26 you do not have an attorney or cannot afford one, go to
27 or telephone the office set forth below to find out where
28 you can get legal help.
29 (Insert name)
30 (Insert address)
20040S1134B1646 - 29 -
1 (Insert telephone number)
2 (2) At the same time the notice under paragraph (1) is
3 given to the parent who executed the voluntary relinquishment
4 form, a copy of the notice shall be given to the person
5 having legal custody of the child.
6 (3) The notice and copy of the notice under this
7 subsection shall be given by personal service or registered
8 mail to the last known address of the intended recipient or
9 by such other means as the court requires, pursuant to rules
10 prescribed by the Supreme Court.
11 § 2219. Judicial set-aside.
12 (a) General rule.--Upon petition by a parent, or sua sponte,
13 a voluntary relinquishment form which is otherwise irrevocable
14 under section 2213 (relating to validity of voluntary
15 relinquishment form) or a decree terminating parental rights
16 under section 2215 (relating to termination of parental rights
17 pursuant to irrevocable voluntary relinquishment form) shall be
18 set aside by the court, before a decree of adoption is entered,
19 under any of the following circumstances:
20 (1) It is proven by clear and convincing evidence that
21 the voluntary relinquishment form was obtained by fraud or
22 duress.
23 (2) The parental rights of the other parent have not
24 been terminated, except for an adoption by a stepparent.
25 (3) A prospective adoptive parent named in the voluntary
26 relinquishment form fails to file a petition for adoption.
27 (4) The petition for adoption filed by a prospective
28 adoptive parent named in the voluntary relinquishment form is
29 denied or withdrawn.
30 (b) Custody of child.--If a voluntary relinquishment form or
20040S1134B1646 - 30 -
1 decree is set aside under this section, the court shall make an
2 award of custody of the child.
3 § 2220. Validity of voluntary relinquishment form from another
4 jurisdiction.
5 Notwithstanding the provisions of section 2108 (relating to
6 governing law), the validity and revocability of a voluntary
7 relinquishment form or similar document executed outside this
8 Commonwealth shall be determined by the law of the jurisdiction
9 in which the document was executed.
10 § 2221. Consents by others regarding relinquishment.
11 (a) Agency.--The court shall require the written consent of
12 the agency to whom the child is relinquished to accept custody
13 of the child until the child is adopted.
14 (b) Individual intending to adopt child.--The court shall
15 require the written consent of the individual intending to adopt
16 the child to accept custody of the child until the child is
17 adopted.
18 (c) Parent or legal guardian of individual under 18 years of
19 age.--If an individual executing a voluntary relinquishment form
20 is under 18 years of age, the court may not require a parent or
21 legal guardian of the individual to consent to the
22 relinquishment.
23 SUBCHAPTER C
24 INVOLUNTARY TERMINATION OF PARENTAL RIGHTS
25 Sec.
26 2231. Who may file petition for involuntary termination.
27 2232. Contents of petition for involuntary termination.
28 2233. Grounds for involuntary termination.
29 2234. Termination of parental rights when child is abandoned.
30 2235. Termination of parental rights of putative father.
20040S1134B1646 - 31 -
1 § 2231. Who may file petition for involuntary termination.
2 A petition for the involuntary termination of parental rights
3 with respect to the child may be filed by any of the following:
4 (1) If an adoption by a stepparent is contemplated,
5 either parent when termination is sought with respect to the
6 other parent.
7 (2) An agency that has legal custody of the child.
8 (3) If the child has not been adjudicated dependent
9 under 42 Pa.C.S. § 6341(c) (relating to adjudication), an
10 individual with whom the parent directly or indirectly placed
11 the child for the purpose of adoption and who has filed a
12 report of intention to adopt required by section 2317
13 (relating to report of intention to adopt).
14 (4) If the child has been adjudicated dependent under 42
15 Pa.C.S. § 6341(c) and has been in foster care placement for
16 at least 15 of the last 22 months, the child's foster parent
17 or other foster care provider who:
18 (i) has physical custody of the child; or
19 (ii) for at least six consecutive months within the
20 eight months preceding the filing of the petition to
21 terminate parental rights, had physical custody of the
22 child.
23 (5) If the child has been adjudicated dependent under 42
24 Pa.C.S. § 6341(c), an attorney representing the child or a
25 guardian ad litem for the child.
26 § 2232. Contents of petition for involuntary termination.
27 (a) General rule.--The petition shall set forth specifically
28 those grounds and facts alleged as the bases for terminating
29 parental rights. A petition filed under this subchapter must
30 also include the following:
20040S1134B1646 - 32 -
1 (1) The name and address of the petitioner.
2 (2) The name and address of the child.
3 (3) The relationship between the petitioner and child.
4 (4) The name and last known address of a parent of the
5 child if the parental rights of the parent have not already
6 been terminated.
7 (5) The name and address of any presumptive father or
8 putative father of the child, if known to the petitioner and
9 if his parental rights have not already been terminated.
10 (6) The name and address of a parent or legal guardian
11 of a parent under 18 years of age whose parental rights are
12 subject to termination.
13 (7) If the petition does not identify the birth father
14 of the child and the parental rights of the birth father have
15 not already been terminated, a statement of the reason that
16 the birth father is not identified.
17 (8) An averment that the petitioner will assume custody
18 of the child until such time as the child is adopted unless
19 the petitioner is the attorney or guardian ad litem for the
20 child, in which case the custody of the child shall remain in
21 the custody of the county agency.
22 (b) Agency as petitioner.--If the petitioner is an agency,
23 the agency is not required to state that an adoption is
24 presently contemplated or an individual with a present intention
25 to adopt the child exists.
26 (c) Hearing.--A hearing on a petition filed under this
27 section shall be held pursuant to the requirements of section
28 2241 (relating to hearing).
29 § 2233. Grounds for involuntary termination.
30 (a) General rule.--The involuntary termination of parental
20040S1134B1646 - 33 -
1 rights may be based on one or more of the following grounds
2 which grounds must be established by clear and convincing
3 evidence:
4 (1) The parent by conduct continuing for a period of at
5 least six months immediately preceding the filing of the
6 petition either has evidenced a settled purpose of
7 relinquishing parental claim to a child or has refused or
8 failed to perform parental duties. The amount of time that
9 passes during the process under section 2218 (relating to
10 designation of individual to adopt child) may not be used in
11 establishing the ground under this paragraph.
12 (2) The repeated and continued incapacity, abuse,
13 neglect or refusal of the parent has caused the child to be
14 without essential parental care, control or subsistence
15 necessary for the child's physical or mental well-being, and
16 the conditions and causes of the incapacity, abuse, neglect
17 or refusal cannot and will not be remedied by the parent
18 within a reasonable period of time.
19 (3) The child, the child's sibling, including any half-
20 blood sibling, step-sibling or adoptive sibling, or another
21 child residing in the child's household has been the victim
22 of any of the following by the parent whose rights are to be
23 involuntarily terminated:
24 (i) Serious bodily injury, as defined in section
25 6303(a) (relating to definitions).
26 (ii) An offense under 18 Pa.C.S. Ch. 25 (relating to
27 criminal homicide).
28 (iii) Aggravated assault under 18 Pa.C.S. §
29 2702(a)(1) and (4) (relating to aggravated assault).
30 (iv) Indecent contact, as defined in 18 Pa.C.S. §
20040S1134B1646 - 34 -
1 3101 (relating to definitions).
2 (v) An offense under any of the following provisions
3 of 18 Pa.C.S. (relating to crimes and offenses):
4 (A) Section 3121(a) (relating to rape).
5 (B) Section 3122.1 (relating to statutory sexual
6 assault).
7 (C) Section 3123 (relating to involuntary
8 deviate sexual intercourse).
9 (D) Section 3124.1 (relating to sexual assault).
10 (E) Section 3125 (relating to aggravated
11 indecent assault).
12 (F) Section 3126 (relating to indecent assault).
13 (H) Section 4302 (relating to incest).
14 (I) Section 6312 (relating to sexual abuse of
15 children).
16 (J) Section 6320 (relating to sexual
17 exploitation of children).
18 (vi) An offense in another jurisdiction equivalent
19 to an offense set forth in this paragraph.
20 (4) The parent has been convicted of any of the offenses
21 under paragraph (3) if the victim was a child and a
22 reasonable likelihood exists that the child who is the
23 subject of the petition for involuntary termination is at
24 risk of harm.
25 (5) The parent is the presumptive father but not the
26 birth father of the child.
27 (6) The child was abandoned and is in the custody of an
28 agency, the identity or whereabouts of the parent is unknown
29 and cannot be ascertained by a diligent search and the parent
30 does not claim the child within three months after the child
20040S1134B1646 - 35 -
1 is found.
2 (7) The child has been removed from the care of the
3 parent by the court or under a voluntary agreement with an
4 agency for a period of at least six months, and all of the
5 following apply:
6 (i) The conditions which led to the removal or
7 placement of the child continue to exist.
8 (ii) The parent cannot or will not remedy those
9 conditions within a reasonable period of time.
10 (iii) The services or assistance reasonably
11 available to the parent are not likely to remedy the
12 conditions which led to the removal or placement of the
13 child within a reasonable period of time.
14 (iv) Termination of the parental rights would best
15 serve the needs and welfare of the child.
16 (8) The child is six months of age or younger when a
17 petition under this subchapter is filed and the parent of the
18 child, including the birth mother of the child:
19 (i) knows or has reason to know of the child's
20 birth;
21 (ii) does not reside with the child; and
22 (iii) for a period of at least two months
23 immediately preceding the filing of the petition has
24 failed to make reasonable efforts to:
25 (A) maintain substantial and continuing contact
26 with the child; and
27 (B) provide substantial financial support for
28 the child.
29 The amount of time that passes during the process under
30 section 2218 (relating to designation of individual to adopt
20040S1134B1646 - 36 -
1 child) may not be used in establishing the ground under this
2 paragraph.
3 (9) The parent is the perpetrator of rape, sexual
4 assault or incest, the result of which was the conception of
5 the child.
6 (10) The child has been removed from the care of the
7 parent by the court or under a voluntary agreement with an
8 agency, 12 months or more have elapsed from the date of
9 removal or placement, the conditions which led to the removal
10 or placement of the child continue to exist and termination
11 of parental rights would best serve the needs and welfare of
12 the child.
13 (11) The identity or whereabouts of the putative father
14 of the child is unknown, and notice has been provided under
15 section 2245 (relating to notice when identity or whereabouts
16 of parent or putative father unknown).
17 (12) The parent has engaged in repeated and continuing
18 abuse or neglect of the child, the child's sibling or another
19 child residing in the child's household.
20 (b) Other considerations.--The court in terminating the
21 rights of a parent shall give primary consideration to the
22 developmental, physical and emotional needs and welfare of the
23 child. The rights of a parent shall not be terminated solely on
24 the basis of environmental factors such as inadequate housing,
25 furnishings, income, clothing and medical care if found to be
26 beyond the control of the parent. With respect to any petition
27 filed, the court shall not consider any efforts by the parent to
28 remedy the conditions described in the petition which are first
29 initiated subsequent to the giving of notice of the filing of
30 the petition.
20040S1134B1646 - 37 -
1 § 2234. Termination of parental rights when child is abandoned.
2 (a) Designation of prospective adoptive parent.--Within 30
3 days after an agency obtains custody of the child found under
4 circumstances that the identities or whereabouts of the parents
5 are unknown, the agency shall make all reasonable efforts to
6 identify and designate a prospective adoptive parent for the
7 child.
8 (b) Diligent search.--The agency shall commence a diligent
9 search for the parents of the child pursuant to the requirements
10 of section 2245 (relating to notice when identity or whereabouts
11 of parent or putative father unknown). The search shall be
12 completed within 75 days after the agency obtains custody of the
13 child.
14 (c) Petition to terminate parental rights.--If the
15 requirements of this section and section 2233 (relating to
16 grounds for involuntary termination) are met, the agency shall
17 file a petition to terminate parental rights under this
18 subchapter within 120 days after the date on which the child was
19 found.
20 (d) Hearing.--A hearing on a petition filed under this
21 section shall be conducted by the court on an expedited basis
22 and be held pursuant to the requirements of section 2241
23 (relating to hearing).
24 (e) Report of intention to adopt.--The agency shall assist
25 the prospective adoptive parent with the filing of the report
26 under section 2317 (relating to report of intention to adopt).
27 § 2235. Termination of parental rights of putative father.
28 If a putative father has been given notice of the termination
29 hearing under section 2243 (relating to notice to putative
30 father) or 2245 (relating to notice when identity or whereabouts
20040S1134B1646 - 38 -
1 of parent or putative father unknown), the court may enter a
2 decree terminating his parental rights whether or not he has
3 filed an acknowledgment or claim of paternity under section 5103
4 (relating to acknowledgment or claim of paternity), if any of
5 the following apply:
6 (1) The putative father fails to file a written
7 objection to the termination of his parental rights with the
8 court prior to the hearing.
9 (2) The putative father fails to appear at the hearing
10 for the purpose of objecting to such termination.
11 (3) The court determines, after hearing, that the
12 putative father has failed to provide substantial financial
13 support for the child or make substantial and ongoing
14 provision for the child's care.
15 SUBCHAPTER D
16 TERMINATION OF PARENTAL RIGHTS HEARING AND DECREE
17 Sec.
18 2241. Hearing.
19 2242. General notice requirements.
20 2243. Notice to putative father.
21 2244. Search of registry for putative father.
22 2245. Notice when identity or whereabouts of parent or
23 putative father unknown.
24 2246. Decree of termination.
25 § 2241. Hearing.
26 (a) Time for hearing.--Upon presentation of a petition for
27 the termination of parental rights under sections 2215 (relating
28 to termination of parental rights pursuant to irrevocable
29 voluntary relinquishment form), 2216 (relating to termination of
30 parental rights in voluntary relinquishment hearing) and 2232
20040S1134B1646 - 39 -
1 (relating to contents of petition for involuntary termination),
2 the court shall fix a time for a hearing which shall not be less
3 than ten days after filing of the petition.
4 (b) Notice.--Notice of the hearing shall be made pursuant to
5 the requirements of this subchapter.
6 (c) Hearing shall be private.--A hearing held under this
7 section shall be private.
8 (d) Mother competent witness on paternity issue.--The birth
9 mother shall be a competent witness as to whether the
10 presumptive or putative father is the birth father of the child.
11 (e) Custody of child.--During the pendency of a proceeding
12 under this section, unless the court directs otherwise, custody
13 of the child shall remain with the individual or agency that had
14 custody of the child at the time the petition was filed.
15 § 2242. General notice requirements.
16 (a) General rule.--At least ten days' notice of the hearing
17 must be given to each parent, to the putative father whose
18 rights may be terminated and to the parent and guardian of a
19 minor parent whose rights may be terminated.
20 (b) Service of notice.--Notice of the hearing must be by
21 personal service or by registered mail to the last known address
22 or by such other means as the court may require.
23 (c) Form of notice.--
24 (1) Notice to the birth parent who has executed a
25 voluntary relinquishment form shall be in the following form:
26 NOTICE TO BIRTH PARENT OF HEARING TO TERMINATE PARENTAL
27 RIGHTS PURSUANT TO IRREVOCABLE VOLUNTARY RELINQUISHMENT:
28 To: (insert birth parent's name)
29 A petition has been filed asking the court to determine
30 the validity of the voluntary relinquishment form you
20040S1134B1646 - 40 -
1 signed relinquishing your parental rights regarding your
2 child (insert name of child) for the purpose of adoption.
3 If the court determines that your voluntary
4 relinquishment form is valid, your rights as a parent to
5 your child shall be terminated. The hearing will be held
6 in (insert place, giving reference to exact room and
7 building number or designation) on (insert date) at
8 (insert time). You are not required to attend the
9 hearing. You should take this paper to your lawyer at
10 once. If you do not have a lawyer or cannot afford one,
11 go to or telephone the office set forth below to find out
12 where you can get legal help.
13 (Name)
14 (Address)
15 (Telephone number)
16 (2) Notice to the parent who will voluntarily relinquish
17 parental rights during hearing must be in the following form:
18 NOTICE TO BIRTH PARENT OF VOLUNTARY RELINQUISHMENT HEARING
19 To: (insert parent's name)
20 A petition has been filed asking the court to put an end
21 to all rights you have to your child (insert name of
22 child). The court has set a hearing to consider ending
23 your rights to your child. That hearing will be held in
24 (insert place, giving reference to exact room and
25 building number or designation) on (insert date) at
26 (insert time). Your presence is required at the hearing.
27 You should take this paper to your lawyer at once. If you
28 do not have a lawyer or cannot afford one, go to or
29 telephone the office set forth below to find out where
30 you can get legal help.
20040S1134B1646 - 41 -
1 (Name)
2 (Address)
3 (Telephone number)
4 (3) Notice to the parent who is the subject of petition
5 to involuntarily terminate parental rights shall be in the
6 following form:
7 NOTICE TO PARENT OF INVOLUNTARY TERMINATION
8 OF PARENTAL RIGHTS HEARING
9 To: (insert parent's name)
10 A petition has been filed asking the court to put an end
11 to all rights you have to your child (insert name of
12 child). The court has set a hearing to consider ending
13 your rights to your child. That hearing will be held in
14 (insert place, giving reference to exact room and
15 building number or designation) on (insert date) at
16 (insert time). You are warned that even if you fail to
17 appear at the scheduled hearing, the hearing will go on
18 without you, and your rights to your child may be ended
19 by the court without you being present. You have a right
20 to be represented at the hearing by a lawyer. You should
21 take this paper to your lawyer at once. If you do not
22 have a lawyer or cannot afford one, go to or telephone
23 the office set forth below to find out where you can get
24 legal help.
25 (Name)
26 (Address)
27 (Telephone number)
28 (d) Additional notice required if minor birth parent.--If
29 the birth parent whose rights are to be terminated is less than
30 18 years of age, a copy of the notice of hearing given to the
20040S1134B1646 - 42 -
1 birth parent under subsection (c) must also be given to the
2 minor birth parent's parent or legal guardian unless section
3 2217 (relating to hearing for minor birth parent) applies.
4 § 2243. Notice to putative father.
5 (a) General rule.--The notice to the putative father shall
6 be substantially in the following form:
7 To: (insert name of putative father)
8 You are receiving this notice because you have been named
9 as the birth father of (insert name of child). The court
10 has scheduled a hearing to determine whether to terminate
11 your parental rights with respect to the child, to be
12 held in (insert place, giving reference to the exact room
13 and building number or designation) on (insert date) at
14 (insert time). Your parental rights with respect to the
15 child are subject to termination if you fail to file a
16 written objection to the termination with the court prior
17 to the hearing or fail to appear at this hearing to
18 object to the termination of your parental rights. You
19 have the right to be represented at this hearing by an
20 attorney. You should take this document to your attorney
21 at once. If you do not have an attorney or cannot afford
22 one, go to or telephone the office set forth below to
23 find out where you can get legal help.
24 (Insert name)
25 (Insert address)
26 (Insert telephone number)
27 (b) Additional notice.--In a case involving a petition under
28 Subchapter B (relating to voluntary relinquishment of parental
29 rights), the notice to a putative father of the child shall
30 include notice of the availability of adoption-related
20040S1134B1646 - 43 -
1 counseling services under section 2203 (relating to adoption-
2 related counseling services).
3 § 2244. Search of registry for putative father.
4 (a) General rule.--A search of the following shall be
5 performed to determine whether an individual has registered as a
6 putative father of the child:
7 (1) the registry under section 5103 (relating to
8 acknowledgment and claim of paternity); and
9 (2) a comparable registry in another state where:
10 (i) the child was born;
11 (ii) the putative father and birth mother are known
12 to reside or known to have resided in the nine months
13 prior to the birth of the child; and
14 (iii) the putative father is known to have
15 registered.
16 (b) Certification by department.--The department shall
17 certify whether a registration has occurred under subsection
18 (a). The certification shall be provided to the court by the
19 petitioner in a termination of parental rights proceeding.
20 (c) Certification by another state.--A certification
21 regarding the registration by a putative father in another state
22 under subsection (a) shall be requested of the applicable
23 department that administers the registry. If that department
24 provides a certification, it shall be provided to the court.
25 (d) Timing.--A certification must occur as close to the
26 hearing on the termination of parental rights as practicable.
27 § 2245. Notice when identity or whereabouts of parent or
28 putative father unknown.
29 (a) General rule.--A petitioner under section 2215 (relating
30 to termination of parental rights pursuant to irrevocable
20040S1134B1646 - 44 -
1 voluntary relinquishment form) and Subchapter C (relating to
2 involuntary termination of parental rights) must establish that
3 reasonable efforts were made to identify or locate a parent or
4 putative father for the purpose of providing notice in a
5 proceeding under this part.
6 (b) Reasonable efforts.--In determining whether the
7 petitioner's efforts to provide notice were sufficient under
8 this part, the court shall consider all of the following:
9 (1) The extent to which inquiries were made as to
10 whether:
11 (i) The birth mother was married or cohabitating
12 with a man at the probable time of conception of the
13 child.
14 (ii) The birth mother has received payments or
15 promises of support, other than from a governmental
16 agency, with respect to the child or because of her
17 pregnancy.
18 (iii) The birth mother has named any individual as
19 the father on the birth certificate of the child or in
20 connection with applying for or receiving public
21 assistance.
22 (iv) An individual has formally or informally
23 acknowledged or claimed paternity of the child under
24 section 2244 (relating to search of registry for putative
25 father).
26 (2) Documentation that notice has been sent
27 unsuccessfully to the parent or identified putative father at
28 his last known address.
29 (3) Documentation that inquiry regarding the last known
30 address or residence of the parent or putative father was
20040S1134B1646 - 45 -
1 made to the following entities if applicable:
2 (i) Local post office.
3 (ii) State agency with jurisdiction over driver's
4 licenses.
5 (iii) State agency with jurisdiction over public
6 assistance.
7 (iv) State or local voter registration agency.
8 (v) State and local probation and parole offices.
9 (c) Notice by publication.--If the petitioner can establish
10 that reasonable but unsuccessful efforts were made to identify
11 or locate a parent or putative father, notice of the proceeding
12 may be given to the parent or putative father by publication one
13 time in both a newspaper of general circulation and in the
14 county legal journal where the parent or putative father is
15 believed to reside, at least ten days or more before the date of
16 the hearing. Proof of publication of the notice provided under
17 this subsection must be submitted to the court.
18 (d) Affidavit of service.--At the hearing on a petition to
19 terminate parental rights of a parent or putative father whose
20 identity or whereabouts are unknown, the petitioner must submit
21 to the court an affidavit of the reasonable efforts made to
22 identify or locate a parent or putative father for the purpose
23 of providing notice of the proceedings.
24 (e) Determination by the court.--A specific finding must be
25 made by the court that reasonable efforts were made by the
26 petitioner under subsection (b), including publication of notice
27 under subsection (c), and that the parent or putative father is
28 unknown or cannot be located for the purpose of providing
29 notice.
30 § 2246. Decree of termination.
20040S1134B1646 - 46 -
1 (a) Decree of termination.--After hearing, the court shall
2 make a finding relative to the pertinent provisions of section
3 2215 (relating to termination of parental rights pursuant to
4 irrevocable voluntary relinquishment form), 2216 (relating to
5 termination of parental rights in voluntary relinquishment
6 hearing) or 2233 (relating to grounds for involuntary
7 termination) and, upon such finding, may enter a decree of
8 termination of parental rights.
9 (b) Effect of decree.--A decree of termination shall have
10 the following effect:
11 (1) A decree terminating all rights of a parent or a
12 decree terminating all rights and duties of a parent entered
13 by a court of competent jurisdiction shall extinguish the
14 power or right of the parent to object to or receive notice
15 of adoption proceedings.
16 (2) A decree of termination of parental rights
17 terminates forever all the subject parent's parental rights
18 and duties with respect to the child, including the
19 obligation of support. A decree of termination does not
20 extinguish the duty of a parent to pay arrearages for child
21 support.
22 (3) A decree of termination of parental rights does not
23 affect any right or benefit vested in the child whose parent
24 is the subject of the decree if the right or benefit vested
25 before the date of the decree.
26 (c) Award of custody.--The decree of termination shall also
27 award custody of the child to the agency or individual
28 consenting to accept custody under section 2215, 2216 or 2232
29 (relating to contents of petition for involuntary termination).
30 (d) Right to file medical and social history information.--
20040S1134B1646 - 47 -
1 At the time the decree of termination is transmitted to the
2 parent, the court shall in writing advise the parent whose
3 rights have been terminated of the parent's continuing right to
4 place and update medical and social history information on file
5 with the court, the agency which coordinated the adoption, the
6 Department of Health and the information registry established
7 under Subchapter C of Chapter 25 (relating to information
8 registry). A copy of the notice under section 2202 (relating to
9 notice to birth parent and adoptive parent) must also be
10 transmitted to the parent whose rights have been terminated.
11 CHAPTER 23
12 PROCEEDINGS PRIOR TO PETITION TO ADOPT
13 Subchapter
14 A. General Provisions
15 B. Adoptive Placement
16 C. Family Profile
17 D. Reports and Investigation
18 E. Background on Child
19 SUBCHAPTER A
20 GENERAL PROVISIONS
21 Sec.
22 2301. Who may prepare family profile and conduct
23 postplacement supervision.
24 2302. List of agencies and qualified individuals.
25 2303. Update of information.
26 2304. Additional family profile and postplacement supervision.
27 2305. Fees.
28 2306. Criminal background checks for stepparent or
29 relative adoptions.
30 § 2301. Who may prepare family profile and conduct
20040S1134B1646 - 48 -
1 postplacement supervision.
2 (a) General rule.--Only an agency or individual with
3 professional experience in the adoption field may prepare a
4 family profile and conduct postplacement supervision under this
5 chapter.
6 (b) Rules and regulations.--The department shall promulgate
7 rules and regulations regarding the qualifications of an agency
8 or individual to prepare a family profile and conduct
9 postplacement supervision under this chapter.
10 § 2302. List of agencies and qualified individuals.
11 (a) Compilation of list.--Each county agency shall compile a
12 list of agencies and qualified individuals within the county and
13 surrounding areas to prepare a family profile and conduct
14 postplacement supervision under this chapter.
15 (b) Distribution of list.--Each county agency shall provide
16 the list compiled under subsection (a) to any person upon
17 request.
18 § 2303. Update of information.
19 The court may require an update of information necessary
20 under this chapter with respect to a family profile and
21 postplacement supervision.
22 § 2304. Additional family profile and postplacement
23 supervision.
24 The court may require an additional family profile or
25 postplacement supervisory report if it was not prepared or
26 conducted in substantial compliance with the requirements of
27 this chapter.
28 § 2305. Fees.
29 An agency or qualified individual may charge a reasonable fee
30 for preparing the family profile or conducting postplacement
20040S1134B1646 - 49 -
1 supervision.
2 § 2306. Criminal background checks for stepparent or relative
3 adoptions.
4 Criminal history record information and clearances as set
5 forth in section 6344(b) (relating to information relating to
6 prospective child-care personnel) are required on a prospective
7 adoptive parent who is the stepparent or other relative of the
8 child as defined under section 2317(b)(7) (relating to report of
9 intention to adopt). This information must be attached to the
10 petition for adoption.
11 SUBCHAPTER B
12 ADOPTIVE PLACEMENT
13 Sec.
14 2311. Placement with prospective adoptive parent.
15 2312. Assent regarding placement.
16 § 2311. Placement with prospective adoptive parent.
17 (a) General rule.--No child shall be placed in the physical
18 care or custody of a prospective adoptive parent unless a family
19 profile containing a favorable recommendation prepared pursuant
20 to the requirements of section 2314 (relating to contents of
21 family profile) has been completed within three years prior
22 thereto and which has been supplemented within one year prior
23 thereto.
24 (b) When family profile not required.--A family profile is
25 not required if a parent or guardian places a child directly
26 with a relative of the child, as identified in section 2317
27 (relating to report of intention to adopt) for purposes of
28 adoption.
29 (c) Interim placement.--Where a family profile required
30 under this section is either in process but not yet completed or
20040S1134B1646 - 50 -
1 has not commenced, a child may be placed with a prospective
2 adoptive parent if all of the following conditions are met:
3 (1) The agency or qualified individual preparing the
4 family profile has no reason to believe that the prospective
5 adoptive parent would not receive a favorable recommendation
6 for placement as a result of the family profile.
7 (2) The prospective adoptive parent has obtained
8 approved criminal record history and clearances required by
9 section 6344(b) (relating to information relating to child-
10 care personnel).
11 (3) The prospective adoptive parent has obtained a
12 satisfactory result from a recent medical examination.
13 (4) The agency or qualified individual preparing the
14 family profile assents to the interim placement pursuant to
15 section 2312 (relating to assent regarding placement).
16 (5) The agency or qualified individual preparing the
17 family profile immediately notifies the court of the interim
18 placement and that it is preparing the family profile.
19 § 2312. Assent regarding placement.
20 (a) General rule.--If an interim placement under section
21 2311 (relating to placement with prospective adoptive parent)
22 has occurred, the agency or qualified individual preparing the
23 family profile for the prospective adoptive parent must file a
24 written assent with the court.
25 (b) Withdrawal of assent.--At any time prior to the
26 completion of the family profile or postplacement supervision,
27 the agency or qualified individual preparing the family profile
28 or conducting the postplacement supervision may withdraw its
29 assent to the adoptive placement if it learns facts which will
30 likely result in a negative recommendation regarding either the
20040S1134B1646 - 51 -
1 suitability to adopt a child or the finalization of the adoption
2 of the child. A withdrawal of assent must be in writing and
3 filed with the court. A copy of the withdrawal shall be given to
4 the prospective adoptive parent. The prospective adoptive parent
5 may petition the court under subsection (c)(1) to investigate
6 whether the placement should continue.
7 (c) Action by court.--If the agency or qualified individual
8 preparing the family profile or conducting the postplacement
9 supervision files a written withdrawal of assent with the court,
10 the court may:
11 (1) order an investigation under section 2324 (relating
12 to investigation) or 2422(d) (relating to adoption hearing)
13 and make a determination whether the placement should
14 continue;
15 (2) order the placement of the child in temporary foster
16 care with an agency until the prospective adoptive parent
17 receives a favorable recommendation regarding suitability to
18 adopt the child; or
19 (3) order the permanent removal of the child from the
20 home of the prospective adoptive parent and, if applicable,
21 terminate the adoption process.
22 SUBCHAPTER C
23 FAMILY PROFILE
24 Sec.
25 2313. Meetings necessary for family profile.
26 2314. Contents of family profile.
27 § 2313. Meetings necessary for family profile.
28 (a) Who shall attend meetings.--The agency or qualified
29 individual preparing the family profile must meet with the
30 following individuals:
20040S1134B1646 - 52 -
1 (1) Each prospective adoptive parent of the child
2 separately.
3 (2) The prospective adoptive parents of the child
4 jointly.
5 (3) Each individual, regardless of age, who resides
6 temporarily or permanently in the home of the prospective
7 adoptive parent.
8 (b) Location of meeting.--At least one meeting under either
9 subsection (a)(1) or (2) must take place in the home of the
10 prospective adoptive parent.
11 § 2314. Contents of family profile.
12 (a) General rule.--The family profile must be attached to
13 the report of intention to adopt or the adoption petition.
14 (b) Contents of family profile.--
15 (1) The family profile shall set forth all pertinent
16 information relating to the fitness of the prospective
17 adoptive parent as a parent.
18 (2) The family profile shall be based upon an
19 investigation of the following:
20 (i) Home and community environment, including family
21 life.
22 (ii) Parenting experience and other experience with
23 children, including parenting skills.
24 (iii) Age, physical and mental health.
25 (iv) Current and prior marital status.
26 (v) Occupation.
27 (vi) Social, cultural, ethnic and religious
28 background.
29 (vii) Facilities and resources of the prospective
30 adoptive parent.
20040S1134B1646 - 53 -
1 (viii) The capacity to meet the needs of a child,
2 including the ability to manage resources.
3 (ix) Attitudes regarding adoption and motivation to
4 adopt a child.
5 (x) Relationship with the child.
6 (xi) Financial and insurance information.
7 (xii) Whether a prior family profile has been
8 conducted and any recommendation which resulted from the
9 family profile.
10 (3) The family profile shall also include the
11 information required by section 6344(b) (relating to
12 information relating to prospective child-care personnel), as
13 well as a report of Federal criminal history record
14 information, for the prospective adoptive parent and any
15 other individual 18 years of age or older that resides
16 temporarily or permanently in the home of the prospective
17 adoptive parent.
18 (4) The family profile shall include personal references
19 from relatives and nonrelatives of the prospective adoptive
20 parent.
21 (5) The family profile shall include a determination
22 regarding the parental fitness of the prospective adoptive
23 parent.
24 (6) The family profile shall be dated and verified.
25 (7) The family profile shall list the dates and
26 locations of each meeting held under section 2313 (relating
27 to meetings necessary for family profile).
28 SUBCHAPTER D
29 REPORTS AND INVESTIGATION
30 Sec.
20040S1134B1646 - 54 -
1 2317. Report of intention to adopt.
2 2318. Filing of report.
3 2319. Report of custodial agency.
4 2320. Payment for facilitating placement prohibited.
5 2321. Permissible payments and expenses.
6 2322. When acceptance of money or other valuable consideration
7 prohibited.
8 2323. Reimbursement not condition for return of child.
9 2324. Investigation.
10 2325. Postplacement supervision.
11 § 2317. Report of intention to adopt.
12 (a) General rule.--Every person now having or hereafter
13 receiving or retaining custody or physical care of any child for
14 the purpose or with the intention of adopting that child shall
15 report to the court in which the petition for adoption will be
16 filed.
17 (b) Contents of report.--The report shall set forth the
18 following information:
19 (1) The circumstances surrounding the person receiving
20 or retaining custody or physical care of the child, including
21 the date upon which a family profile was concluded.
22 (2) The name, sex, racial background, age, date and
23 place of birth and religious affiliation of the child.
24 (3) The name and address of the custodial agency, if
25 any.
26 (4) An itemized accounting of moneys and consideration
27 paid or to be paid to an agency or any other person for the
28 adoption.
29 (5) Whether the parent or parents whose parental rights
30 are to be terminated have been advised of the availability of
20040S1134B1646 - 55 -
1 adoption-related counseling services with respect to the
2 termination and the alternatives thereto. If the parent or
3 parents have received counseling, the report shall state the
4 dates on which the counseling was provided and the name and
5 address of the agency or qualified individual which provided
6 the counseling.
7 (6) The name, address and signature of the person making
8 the report.
9 (7) That the proposed adopting parent has been advised
10 that the birth parent can revoke the voluntary relinquishment
11 form during the following time periods:
12 (i) A birth mother may revoke the voluntary
13 relinquishment form within 30 days after signing.
14 (ii) A birth, putative or presumptive father may
15 revoke a voluntary relinquishment form within 30 days
16 after either the birth of the child or the signing of the
17 voluntary relinquishment form, whichever is later.
18 (iii) If the birth parent is a minor and a hearing
19 is required to be held pursuant to section 2217 (relating
20 to hearing for minor birth parent), the voluntary
21 relinquishment form may be revoked within 30 days after
22 the date of the hearing.
23 (8) The following shall be attached to the report:
24 (i) a copy of the medical and social history
25 information of the birth parents; or
26 (ii) the reason that this information has not been
27 obtained.
28 (c) Family profile.--A copy of the family profile must be
29 filed with the court within 30 days of filing of the report.
30 (d) Agency involvement.--When a person receives or retains
20040S1134B1646 - 56 -
1 custody or physical care of a child from an agency, the report
2 shall set forth only the name and address of the agency, the
3 circumstances surrounding such person receiving or retaining
4 custody or physical care of the child and a copy of the family
5 profile.
6 (e) When report not required.--No report shall be required
7 when the child is the child, grandchild, stepchild, brother or
8 sister of the whole or half blood or niece or nephew by blood,
9 marriage or adoption of the person receiving or retaining
10 custody or physical care.
11 § 2318. Filing of report.
12 The report of intention to adopt shall be filed within 30
13 days after the date of receipt of the custody or physical care
14 of the child.
15 § 2319. Report of custodial agency.
16 (a) General rule.--Within six months after the filing of the
17 report of intention to adopt, the custodial agency shall make a
18 written report under oath to the court in which the petition for
19 adoption will be filed and shall thereupon notify in writing the
20 prospective adoptive parent of the fact that the report has been
21 filed and the date thereof.
22 (b) Contents of report.--The report shall set forth the
23 following information:
24 (1) The name and address of the agency having custody of
25 the child.
26 (2) The name, sex, racial background, age, date and
27 place of birth and religious affiliation of the child.
28 (3) The date of the placement of the child with the
29 prospective adoptive parent.
30 (4) The name, racial background, age, marital status as
20040S1134B1646 - 57 -
1 of the time of birth of the child and during one year prior
2 thereto and religious affiliation of the parents of the
3 child.
4 (5) Identification of proceedings in which any decree of
5 termination of parental rights with respect to the child was
6 entered.
7 (6) The residence of the parents or parent of the child
8 if there has been no such decree of termination.
9 (7) A statement that all consents required by section
10 2411 (relating to when consent to adoption required) are
11 attached as exhibits or the basis upon which the consents are
12 not required.
13 (8) An itemized accounting of moneys and consideration
14 paid or to be paid to or received by the agency or to or by
15 any other person or persons to the knowledge of the agency by
16 reason of the adoptive placement.
17 (9) A full description and statement of the value of all
18 property owned or possessed by the child.
19 (10) A statement that no provision of any statute
20 regulating the interstate placement of children has been
21 violated with respect to the placement of the child.
22 (11) If no birth certificate or certification of
23 registration of birth can be obtained, a statement of the
24 reason why it was not obtained.
25 (12) A statement that medical and social history
26 information was obtained from the birth parents or the reason
27 why it was not obtained.
28 (13) A list of the dates of supervision of the adoptive
29 placement by the supervising agency or qualified individual.
30 (c) Exhibits to report.--The report shall have attached to
20040S1134B1646 - 58 -
1 it the following exhibits:
2 (1) A birth certificate or certification of registration
3 of birth of the child if it can be obtained.
4 (2) All consents to adoption required by section 2411
5 (relating to when consent to adoption required).
6 (3) A certified copy of any decree of termination of
7 parental rights made by a court other than the court in which
8 the petition for adoption will be filed.
9 (4) A copy of the supervisory reports prepared pursuant
10 to section 2325 (relating to postplacement supervision).
11 (5) If obtained, a copy of the medical and social
12 history information of the birth parents.
13 (d) Appropriate relief.--The court may provide appropriate
14 relief where it finds that the moneys or consideration reported
15 or reportable pursuant to subsection (b)(8) are excessive.
16 § 2320. Payment for facilitating placement prohibited.
17 An individual or entity, other than an agency, may not
18 receive, request or accept money or other valuable
19 consideration, directly or indirectly, solely for the purpose of
20 facilitating the placement of a child for adoption.
21 § 2321. Permissible payments and expenses.
22 Payments made by the prospective adoptive parent to an agency
23 or a third party for reimbursement of the following expenses,
24 calculated without regard to the income of the prospective
25 adoptive parent, are permissible and are not in violation of 18
26 Pa.C.S. § 4305 (relating to dealing in infant children):
27 (1) Medical, hospital, nursing, pharmaceutical, travel
28 or other similar expenses incurred by the birth mother or her
29 child incident to birth or any illness of the child.
30 (2) Medical, hospital and foster care expenses incurred
20040S1134B1646 - 59 -
1 on behalf of the child prior to the decree of adoption.
2 (3) Reasonable expenses incurred by the agency or third
3 party for adjustment counseling and training services
4 provided to the prospective adoptive parent, for family
5 profiles or investigations.
6 (4) Reasonable administrative expenses incurred by the
7 agency, to include overhead costs and attorney fees.
8 (5) Expenses for adoption-related counseling services
9 for a birth parent or a child for a reasonable time before
10 and after the child's placement for adoption.
11 (6) Living expenses of a birth mother, which are limited
12 to food, clothing and shelter, for a reasonable time before
13 the birth of her child and for no more than six weeks after
14 the birth.
15 (7) Foster care expenses for a child who is not in the
16 custody of a county agency.
17 (8) Expenses for legal services performed for a birth
18 parent who voluntarily relinquishes parental rights with
19 respect to the child or relinquishes the child to an agency
20 or adult intending to adopt the child.
21 (9) Expenses for any travel of the birth parent in
22 connection with the execution of a voluntary relinquishment
23 form or relinquishment of the child to an agency or adult
24 intending to adopt the child.
25 (10) Expenses for any other service the court finds is
26 reasonably necessary.
27 § 2322. When acceptance of money or other valuable
28 consideration prohibited.
29 (a) Violation by parent.--A parent may not accept money or
30 other valuable consideration otherwise permitted under section
20040S1134B1646 - 60 -
1 2321 (relating to permissible payments and expenses) after the
2 parent has decided not to complete the process of voluntarily
3 relinquishing parental rights with respect to the child or
4 placing the child for adoption.
5 (b) Entitlement to recovery.--A prospective adoptive parent
6 is entitled to recover money or other valuable consideration
7 accepted by a parent in violation of subsection (a).
8 § 2323. Reimbursement not condition for return of child.
9 If the adoption of the child is not completed, a parent who
10 received a payment under section 2321 (relating to permissible
11 payments and expenses) shall not be required to return the money
12 or other valuable consideration or reimburse a prospective
13 adoptive parent as a condition for the return of the child.
14 § 2324. Investigation.
15 (a) General rule.--When a report of intention to adopt has
16 been filed, the court shall cause an investigation to be made
17 and a report filed by a county agency or an adoption agency with
18 its consent. In lieu of the investigation, the court may accept
19 an investigation made by the agency which placed the child or
20 which prepared the family profile, and the report of
21 investigation in such cases may be incorporated into the report
22 of the custodial agency or petition for adoption.
23 (b) Matters covered.--The investigation shall cover all
24 pertinent information regarding the child's eligibility for
25 adoption and the suitability of the adoptive placement,
26 including the physical, mental and emotional needs and welfare
27 of the child, and the child's and the adopting parent's age,
28 sex, health and racial, ethnic and religious background.
29 (c) Payment of costs.--The court may establish the procedure
30 for the payment of investigation costs.
20040S1134B1646 - 61 -
1 § 2325. Postplacement supervision.
2 (a) General rule.--An agency or qualified individual
3 supervising an adoption or conducting an investigation of an
4 adoptive placement under section 2324 (relating to
5 investigation) shall make a minimum of three visits to the
6 adoptive home.
7 (b) Written reports.--The agency or qualified individual
8 conducting the postplacement supervision shall, after visiting
9 the adoptive home under subsection (a), prepare and file a
10 written report with the court in which the petition for adoption
11 was or will be filed. The report shall contain the following
12 information:
13 (1) A minimum of one written report from the child's
14 physician or pediatrician regarding the child's health and
15 development.
16 (2) The adjustment of the child and prospective adoptive
17 family to the placement.
18 (3) The child's adjustment to school, if applicable,
19 along with relevant school reports.
20 (4) The nature and extent of any contact with the
21 child's birth family.
22 (5) Comments made by the child regarding the placement.
23 (6) A determination regarding the suitability of the
24 adoptive placement and a recommendation as to whether the
25 adoption should be finalized.
26 SUBCHAPTER E
27 BACKGROUND ON CHILD
28 Sec.
29 2341. Disclosure of information before placement.
30 2342. Providing information to preparer of report.
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1 2343. Development of forms.
2 § 2341. Disclosure of information before placement.
3 (a) General rule.--Before a child is placed with a
4 prospective adoptive parent, the custodial agency shall provide
5 the prospective adoptive parent of the child with a written
6 report containing the following nonidentifying information, if
7 reasonably available:
8 (1) Medical history information of the child, including,
9 but not limited to, the following:
10 (i) The child's prenatal care.
11 (ii) The child's medical condition at birth.
12 (iii) Any drug or medication taken by the child's
13 birth mother during pregnancy.
14 (iv) Any medical, psychological or psychiatric
15 examination and diagnosis of the child made prior to the
16 placement of the child with the prospective adoptive
17 parent.
18 (v) Any physical, sexual or emotional abuse suffered
19 by the child.
20 (vi) A record of any immunizations and health care
21 that the child received, including that which the child
22 received while in foster or other care.
23 (vii) The child's enrollment and performance in
24 school, results of educational testing and any special
25 educational needs.
26 (2) Relevant medical history information of the child's
27 birth parents and relatives which may affect the future
28 health and well-being of the child, including, but not
29 limited to, the following:
30 (i) Any known disease or hereditary predisposition
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1 to disease.
2 (ii) Any addiction to drugs or alcohol.
3 (iii) The health of the child's birth mother during
4 her pregnancy.
5 (iv) The health of each birth parent at the child's
6 birth.
7 (3) Relevant social history information of the child and
8 the birth parents and relatives, including, but not limited
9 to, the following:
10 (i) The child's racial, ethnic and religious
11 background.
12 (ii) A general description of the child's parents.
13 (iii) The child's past and existing relationships
14 with any individual with whom the child has regularly
15 lived or visited.
16 (iv) The level of educational and vocational
17 achievement of the child's parents and relatives and any
18 noteworthy accomplishments.
19 (v) The circumstances leading to the decision to
20 place the child for adoption.
21 (4) Information regarding whether the child was ever
22 placed in foster care and, if so, the number of foster care
23 placements and dates of each foster care placement.
24 (5) Information regarding a criminal conviction or
25 delinquency adjudication of the child.
26 (6) Information necessary to determine the child's
27 eligibility for Federal or State benefits, including, but not
28 limited to, adoption assistance and other financial or
29 medical assistance.
30 (7) Information regarding a criminal conviction of a
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1 parent of the child for a felony or a proceeding in which a
2 parent of the child was alleged to have abused, neglected,
3 abandoned or otherwise mistreated the child, the child's
4 sibling, another child in the child's household or the other
5 parent of the child.
6 (b) When written report not required.--A written report
7 under this section is required unless the prospective adoptive
8 parent is a stepparent or other relative of the child as set
9 forth in section 2317(e) (relating to report of intention to
10 adopt).
11 (c) Supplemental written report.--If the information
12 required under subsection (a) was not disclosed before the
13 adoptive placement, the information must be given to the
14 prospective adoptive parent before the adoption may be finalized
15 or the reason why the information is not available must be set
16 forth.
17 (d) Identity of preparer of report.--A written report
18 furnished under this section shall indicate who prepared the
19 report.
20 (e) Confidentiality.--Unless confidentiality has been
21 waived, any written report provided to the prospective adoptive
22 parent under this subchapter shall be edited to exclude the
23 identity of any individual who furnished information or about
24 whom information is reported.
25 (f) Filing report with court.--Any report under this section
26 shall be filed with the court which will finalize the adoption.
27 § 2342. Providing information to preparer of report.
28 Subject to applicable laws regarding confidentiality, an
29 individual or entity possessing information to be included in
30 the report under section 2341 (relating to disclosure of
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1 information before placement) shall upon request provide that
2 information to the agency or attorney preparing the report.
3 § 2343. Development of forms.
4 The department shall develop forms designed to obtain the
5 specific information sought under this subchapter and provide
6 the forms upon request to agencies and attorneys that coordinate
7 adoptions.
8 CHAPTER 24
9 ADOPTION PROCEEDINGS
10 Subchapter
11 A. Petition for Adoption
12 B. Consent to Adoption
13 C. Adoption Hearing
14 D. Adoption Decree
15 SUBCHAPTER A
16 PETITION FOR ADOPTION
17 Sec.
18 2401. Who may file petition for adoption.
19 2402. Contents of petition for adoption.
20 2403. Joint petition for adoption.
21 2404. Withdrawal or dismissal of petition for adoption.
22 § 2401. Who may file petition for adoption.
23 A petition for adoption may be filed by any of the following:
24 (1) An individual with whom the parent directly or
25 indirectly placed the child for the purpose of adoption and
26 who has filed a report of intention to adopt required by
27 section 2317 (relating to report of intention to adopt).
28 (2) The spouse of a parent of the child if:
29 (i) that parent's parental rights with respect to
30 the child have not been terminated;
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1 (ii) that parent consents to the adoption; and
2 (iii) the other parent's parental rights with
3 respect to the child have been terminated.
4 (3) An individual who intends to adopt another
5 individual who is over 18 years of age, with the consent of
6 that other individual.
7 (4) Where the child's parents are deceased, an
8 individual who has court-ordered custody or legal
9 guardianship of the child and who has filed a report of
10 intention to adopt, if required under section 2317.
11 § 2402. Contents of petition for adoption.
12 (a) Necessary information.--A petition for adoption shall
13 set forth the following:
14 (1) The full name, residence, marital status, age,
15 occupation, religious affiliation and racial background of
16 the prospective adoptive parents and their relationship, if
17 any, to the child.
18 (2) That the reports under sections 2317 (relating to
19 report of intention to adopt) and 2319 (relating to report of
20 custodial agency) and the family profile under section 2314
21 (relating to contents of family profile) have been filed, if
22 required.
23 (3) The criminal history record information required by
24 sections 2306 (relating to criminal background checks for
25 stepparent or relative adoptions) and 2314 has been obtained,
26 if required.
27 (4) The name and address of the custodial agency, if
28 any.
29 (5) The full name of the adoptee and the fact and length
30 of time of the residence of the adoptee with the prospective
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1 adoptive parent.
2 (6) If there is no custodial agency or if the adoptee is
3 18 years of age or older, all vital statistics and other
4 information enumerated and required to be stated of record by
5 section 2319 so far as applicable.
6 (7) If a change of name of the child is desired, the new
7 name.
8 (8) The parental rights of the parents of the child have
9 been terminated under Chapter 22 (relating to termination of
10 parental rights), unless the child is being adopted by a
11 stepparent as set forth in section 2201(b) (relating to
12 termination of parental rights), and shall identify the
13 proceedings in which such termination occurred.
14 (9) All consents required by section 2411 (relating to
15 when consent to adoption required) are attached as exhibits
16 or the basis upon which such consents are not required.
17 (10) The following information regarding the child:
18 (i) Full name.
19 (ii) Age and date of birth.
20 (iii) Place of birth.
21 (iv) Gender.
22 (v) Race.
23 (vi) Religious affiliation, if any.
24 (vii) Date of placement with the prospective
25 adoptive parent.
26 (11) A statement that it is the desire of the petitioner
27 that the relationship of parent and child be established
28 between the petitioner and the child.
29 (12) If no birth certificate or certification of
30 registration of birth can be obtained, a statement of the
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1 reason therefor and an allegation of the efforts made to
2 obtain the birth certificate with a request that the court
3 establish a date and place of birth at the adoption hearing
4 on the basis of the evidence presented.
5 (13) The investigation required under section 2324
6 (relating to investigation) has been completed.
7 (14) A statement that no applicable Federal, interstate
8 or State law has been violated with respect to the placement
9 and adoption of the child.
10 (15) A copy of the approved and completed form relating
11 to the interstate compact placement request developed under
12 the Interstate Compact on the Placement of Children, if
13 applicable.
14 (16) A statement that the medical and social history
15 information of the birth parents has been obtained or the
16 reason why the information has not been obtained.
17 (17) A list of all money or other consideration paid to
18 an agency or any other person in connection with the adoption
19 pursuant to section 2321 (relating to permissible payments
20 and expenses).
21 (18) An averment that the petitioner will accept custody
22 of the child during the pendency of the proceeding.
23 (b) Information not available when petition for adoption
24 filed.--If any of the information set forth in subsection (a) is
25 not available when the petition for adoption is filed, the
26 petition must explain why the information is not available. The
27 information shall be provided to the court as soon as it becomes
28 available.
29 (c) Exhibits to petition.--The following shall be attached
30 to the petition:
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1 (1) The executed voluntary relinquishment form, if it
2 has not already been filed with the court.
3 (2) The consents required by section 2411.
4 (3) If not already filed with a report of the custodial
5 agency, the exhibits enumerated in section 2319.
6 (4) Any report of investigation required under section
7 2324.
8 (5) The postplacement supervisory reports, if required
9 under section 2325 (relating to postplacement supervision).
10 § 2403. Joint petition for adoption.
11 Only a husband and wife may file a joint petition for
12 adoption.
13 § 2404. Withdrawal or dismissal of petition for adoption.
14 If a petition for adoption is withdrawn or dismissed, the
15 court shall enter an appropriate order regarding the custody of
16 the child.
17 SUBCHAPTER B
18 CONSENT TO ADOPTION
19 Sec.
20 2411. When consent to adoption required.
21 2412. When consent to adoption may be required.
22 2413. When consent to adoption not required.
23 2414. Contents of consent to adoption.
24 § 2411. When consent to adoption required.
25 The court shall require the consent to adoption by the
26 following individuals:
27 (1) The individual proposed to be adopted if the
28 individual is 12 years of age or older.
29 (2) The child's parent if that parent's parental rights
30 with respect to the child have not been terminated and that
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1 parent's spouse is adopting the child.
2 § 2412. When consent to adoption may be required.
3 The court may require the following to consent to the
4 adoption of the child:
5 (1) The spouse of the prospective adoptive parent unless
6 the spouse joins in the petition for adoption.
7 (2) The court-appointed legal guardian of the child.
8 (3) The person having custody of the child when the
9 child has no parent whose consent is required.
10 § 2413. When consent to adoption not required.
11 The court shall not require the consent to the adoption of
12 the child of any individual whose parental rights have been
13 terminated with respect to the child.
14 § 2414. Contents of consent to adoption.
15 A consent to the adoption under this subchapter must include
16 the following information:
17 (1) The date and place of its execution.
18 (2) The name of the child.
19 (3) The name and age of the consenting individual, along
20 with the relationship between the consenting individual and
21 the child.
22 (4) A statement that the consenting individual
23 voluntarily and unconditionally consents to the adoption of
24 the child.
25 SUBCHAPTER C
26 ADOPTION HEARING
27 Sec.
28 2421. Notice of adoption hearing.
29 2422. Adoption hearing.
30 § 2421. Notice of adoption hearing.
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1 The court shall fix a time and place for the adoption
2 hearing. Notice of the hearing shall be given to all persons
3 whose consents are required and to such other persons as the
4 court shall direct. Notice shall be by personal service or by
5 registered mail to the last known address of the person to be
6 notified or in such other manner as the court shall direct.
7 § 2422. Adoption hearing.
8 (a) Private hearing.--A hearing under this subchapter shall
9 be private.
10 (b) Attendance at adoption hearing.--
11 (1) The prospective adoptive parents and the individual
12 proposed to be adopted shall attend the hearing unless the
13 court determines that their presence is unnecessary.
14 (2) The court may require the attendance of the
15 following persons at the hearing:
16 (i) Any person whose consent to the adoption is
17 required by the court.
18 (ii) A representative of the agency coordinating the
19 adoption.
20 (iii) Any other individual as the court directs.
21 (c) Testimony.--The court shall hear testimony in support of
22 the petition and such additional testimony as it deems necessary
23 to inform it as to the desirability of the proposed adoption. It
24 shall require a disclosure of all moneys and consideration paid
25 or to be paid to any person or institution in connection with
26 the adoption.
27 (d) Investigation.--The court may request that an
28 investigation be made by a county agency or, with its consent,
29 an adoption agency designated by the court to verify the
30 statements of the petition and such other facts that will give
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1 the court full knowledge of the desirability of the proposed
2 adoption, or the court may rely in whole or in part upon a
3 report earlier made under section 2324 (relating to
4 investigation) or upon the supervisory reports prepared pursuant
5 to section 2325 (relating to postplacement supervision). In any
6 case, the age, sex, health, social and economic status or
7 racial, ethnic or religious background of the child or adopting
8 parent shall not preclude an adoption, but the court shall
9 decide its desirability on the basis of the physical, mental and
10 emotional needs and welfare of the child.
11 (e) Payment of investigation costs.--The court may establish
12 a procedure for the payment of investigation costs by the
13 petitioners or by such other persons as the court may direct.
14 SUBCHAPTER D
15 ADOPTION DECREE
16 Sec.
17 2431. Requirements and form of decree of adoption.
18 2432. Name of adoptee.
19 2433. Retention of parental status.
20 2434. Certificate of adoption.
21 2435. Registration of foreign adoption.
22 § 2431. Requirements and form of decree of adoption.
23 (a) General rule.--If satisfied that the statements made in
24 the adoption petition are true, that the needs and welfare of
25 the person proposed to be adopted will be promoted by the
26 adoption and that all requirements have been met, the court
27 shall enter a decree so finding and directing that the person
28 proposed to be adopted shall have all the rights of a child and
29 heir of the adopting parent and shall be subject to the duties
30 of a child to the adopting parent.
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1 (b) Withdrawal or dismissal of petition.--In any case in
2 which the adoption petition is withdrawn or dismissed, the court
3 shall enter an appropriate order in regard to the custody of the
4 child.
5 (c) Finality.--
6 (1) A decree or order issued under this part may not be
7 set aside, vacated, annulled or reversed upon application of
8 a person who waived notice or who was properly served with
9 notice pursuant to this part and failed to respond or appear
10 or to file an answer within the time allowed.
11 (2) A decree of adoption or other order issued under
12 this part is not subject to a challenge filed more than 30
13 days after the decree or order is issued.
14 (d) Notice to adoptive parent.--The notice required under
15 section 2202 (relating to notice to birth parent and adoptive
16 parent) must be given by the court to the adoptive parent at the
17 time the decree of adoption is entered.
18 § 2432. Name of adoptee.
19 The adoption decree must state the name by which the adoptee
20 shall thereafter be known.
21 § 2433. Retention of parental status.
22 Whenever a parent consents to the adoption of his child by
23 his spouse, the parent-child relationship between him and his
24 child shall remain.
25 § 2434. Certificate of adoption.
26 The clerk shall issue to the adopting parent a certificate
27 stating that the court has granted the adoption. The certificate
28 shall not disclose the name of any birth parent or the original
29 name of the person adopted. The certificate shall be accepted in
30 any legal proceedings in this Commonwealth as evidence of the
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1 fact that the adoption has been granted.
2 § 2435. Registration of foreign adoption.
3 (a) Registration of foreign adoption.--When a decree of
4 adoption of a child is made or entered in conformity with the
5 laws of another state or a foreign country and the child is
6 adopted by a resident of this Commonwealth, a copy of the final
7 decree, properly authenticated, may be filed with the clerk in
8 the county of residence of the adopting parent. Information
9 identifying the birth parents of the adoptee shall not be
10 required.
11 (b) Certificate of adoption.--Upon the filing of a foreign
12 decree of adoption, the clerk shall enter upon the docket an
13 entry showing the foreign court, identification of the
14 proceedings therein and the date of the decree. The clerk shall
15 also issue to the adopting parent a certificate reciting that
16 the adoption has been registered in the county court.
17 (c) Change of name of adoptee.--If requested, the name of
18 the adoptee may be changed from that set forth on the foreign
19 decree of adoption, and this new name shall be set forth on the
20 certificate of adoption issued under subsection (b).
21 (d) Readoption.--No county shall require a readoption of any
22 child referenced in subsection (a) unless:
23 (1) in the case of adoption by a husband and wife, only
24 one adoptive parent of the child finalized the adoption in
25 the foreign country; or
26 (2) the adoption was not finalized in the foreign
27 country.
28 CHAPTER 25
29 RECORDS AND ACCESS TO INFORMATION
30 Subchapter
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1 A. General Provisions
2 B. Records Generally
3 C. Information Registry
4 D. Release of Information
5 SUBCHAPTER A
6 GENERAL PROVISIONS
7 Sec.
8 2501. Definitions.
9 2502. Combined request for information.
10 2503. Reasonable fees.
11 2504. Immunity from liability.
12 § 2501. Definitions.
13 The following words and phrases when used in this subchapter
14 shall have the meanings given to them in this section unless the
15 context clearly indicates otherwise:
16 "Agency records." All information collected by an agency
17 relating to a birth family, an adoptive family and an adoptee.
18 "Authorization form." A form, provided by the department, on
19 which an adoptee, an adoptive parent or a birth relative can
20 authorize or prohibit the release of identifying information
21 pursuant to the requirements of this chapter.
22 "Authorized representative." An individual who is appointed
23 to conduct a search under this chapter and who has completed a
24 standardized training program as required by the department
25 under this chapter.
26 "Court records." All petitions, exhibits, reports, notes of
27 testimony, decrees and other papers pertaining to a proceeding
28 under this chapter or former statutes relating to adoption.
29 "Summary of original birth record." The summary of original
30 birth record shall consist of only the names and ages of the
20040S1134B1646 - 76 -
1 birth parents, the date and county of the birth of the child and
2 the name of the child given at birth.
3 § 2502. Combined request for information.
4 An individual may file a single written request for both
5 nonidentifying information and identifying information under
6 Subchapter D (relating to release of information).
7 § 2503. Reasonable fees.
8 Any court or agency may charge reasonable fees for services
9 provided pursuant to this chapter.
10 § 2504. Immunity from liability.
11 (a) General rule.--Any person or agency, including the
12 Commonwealth and its governmental subdivisions, that
13 participates in good faith in providing services under this
14 chapter has immunity from civil and criminal liability that may
15 otherwise result by reason of an action or a failure to act
16 under this chapter.
17 (b) Presumption of good faith.--For the purpose of a civil
18 or criminal proceeding, the good faith of any person or agency
19 that provides services under this chapter is presumed.
20 SUBCHAPTER B
21 RECORDS GENERALLY
22 Sec.
23 2511. Court and agency records.
24 2512. Attorney records.
25 § 2511. Court and agency records.
26 (a) General rule.--All court and agency records shall be
27 maintained as a permanent record and withheld from inspection
28 except as provided under this chapter.
29 (b) Agency records.--
30 (1) An agency shall forward its records to the
20040S1134B1646 - 77 -
1 department under any of the following circumstances:
2 (i) The agency ceases to provide adoption services.
3 (ii) The agency decides to dispose of records.
4 (2) An agency shall provide at least 30 days' notice to
5 the department prior to forwarding its records.
6 (3) The department shall retain as a permanent record
7 all agency records forwarded to it.
8 (c) Who may access court or agency records.--Only the
9 following are authorized to access court or agency records for
10 the purpose of releasing nonidentifying or identifying
11 information under this chapter:
12 (1) The court which finalized the adoption.
13 (2) The agency that coordinated the adoption.
14 (3) A successor agency authorized by the court which
15 finalized the adoption.
16 § 2512. Attorney records.
17 An attorney representing a party to an adoption proceeding or
18 acting as counsel or guardian ad litem for a child in a
19 proceeding under this part may forward records and information
20 relating to the child, the child's birth family and the adoptive
21 family to the court which finalized the adoption, as established
22 by general rule by the Supreme Court. Such records and
23 information shall be treated as court records for purposes of
24 this chapter.
25 SUBCHAPTER C
26 INFORMATION REGISTRY
27 Sec.
28 2521. Establishment of registry.
29 2522. Informational material.
30 2523. Filing information with registry.
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1 2524. Who may request information from registry.
2 2525. Providing information from registry.
3 2526. Rules and regulations.
4 § 2521. Establishment of registry.
5 The department shall do all of the following:
6 (1) Establish a Statewide confidential registry for the
7 receipt, filing and retention of medical and social history
8 information and authorization forms for all adoptions
9 finalized or registered in this Commonwealth.
10 (2) Prescribe and distribute forms on which an adoptee,
11 an adoptive parent and a birth parent may:
12 (i) request identifying information or contact;
13 (ii) authorize or refuse to authorize the release of
14 identifying information or contact; and
15 (iii) file and update information with the registry.
16 (3) Retain information filed with the registry as a
17 permanent record.
18 (4) Disseminate the information pursuant to the
19 requirements of this subchapter.
20 § 2522. Informational material.
21 The department shall publicize the availability of the
22 registry and the manner in which information may be filed with
23 and obtained from the registry.
24 § 2523. Filing information with registry.
25 An adoptee, an adoptive parent and a birth parent may at any
26 time file and update medical and social history information with
27 the registry on a form developed by the department.
28 § 2524. Who may request information from registry.
29 The following individuals may request information from the
30 registry:
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1 (1) An adoptee who is 18 years of age or older.
2 (2) An adoptive parent of an adoptee who is under 18
3 years of age, adjudicated incapacitated or deceased.
4 (3) A legal guardian of an adoptee who is under 18 years
5 of age or adjudicated incapacitated.
6 (4) A descendant of a deceased adoptee.
7 (5) The birth parent of an adoptee 21 years of age or
8 older.
9 (6) A parent of a birth parent of an adoptee who is 21
10 years of age or older if that birth parent consents, is
11 adjudicated incapacitated or is deceased.
12 (7) A birth sibling of an adoptee if both the birth
13 sibling and adoptee are 21 years of age or older and:
14 (i) the birth sibling remained in the custody of the
15 birth parent and the birth parent consents, is deceased
16 or adjudicated incapacitated;
17 (ii) both the birth sibling and adoptee were adopted
18 out of the same birth family; or
19 (iii) the birth sibling was not adopted out of the
20 birth family but did not remain in the custody of the
21 birth parent.
22 § 2525. Providing information from registry.
23 (a) Nonidentifying information.--Nonidentifying information,
24 if available, shall be provided to the requester within 30 days
25 of the request.
26 (b) Identifying information.--
27 (1) If an authorization form is on file, the department
28 shall notify the requester within 30 days of the request
29 whether information may be released.
30 (2) If there is no authorization on file, the department
20040S1134B1646 - 80 -
1 shall designate an authorized representative to:
2 (i) use reasonable efforts to locate the subject of
3 the request; and
4 (ii) if the subject of the search is located, obtain
5 written authorization from the subject before any
6 information is released.
7 (c) Editing information.--Before the release of information
8 from the registry, the department shall remove any identifying
9 information unless authorized in writing by the subject of the
10 information to release the identifying information.
11 § 2526. Rules and regulations.
12 The department shall promulgate rules and regulations
13 necessary to implement this subchapter.
14 SUBCHAPTER D
15 RELEASE OF INFORMATION
16 Sec.
17 2531. Nonidentifying information.
18 2532. Identifying information.
19 2533. Statement of medical and social history information.
20 2534. Confidentiality.
21 2535. Refusal to search.
22 2536. Original birth record.
23 2537. Rules and regulations.
24 § 2531. Nonidentifying information.
25 (a) Who may request.--The following individuals may file a
26 written request for nonidentifying information with the court
27 which finalized the adoption, the agency which coordinated the
28 adoption or a successor agency:
29 (1) An adoptee who is 18 years of age or older.
30 (2) An adoptive parent of an adoptee who is:
20040S1134B1646 - 81 -
1 (i) under 18 years of age;
2 (ii) adjudicated incapacitated and 18 years of age
3 or older; or
4 (iii) deceased.
5 (3) A legal guardian of an adoptee who is under 18 years
6 of age or incapacitated.
7 (4) A descendant of a deceased adoptee.
8 (b) Notice of availability of records.--When the court or
9 agency receives a written request for nonidentifying
10 information, it shall notify the individual requesting the
11 information within 30 days of receiving the request whether it
12 possesses any records relating to the adoption.
13 (c) Furnishing nonidentifying information.--If records are
14 located, the court or agency shall within 90 days review and
15 furnish to the requester any information concerning the adoption
16 that will not compromise the confidentiality of the relationship
17 between the adoptee and the adoptee's birth parent.
18 § 2532. Identifying information.
19 (a) Who may request.--The following individuals may file a
20 written request for identifying information or contact with the
21 court which finalized the adoption, the agency which coordinated
22 the adoption or a successor agency:
23 (1) An adoptee who is 18 years of age or older.
24 (2) An adoptive parent of an adoptee who is:
25 (i) under 18 years of age;
26 (ii) adjudicated incapacitated and 18 years of age
27 or older; or
28 (iii) deceased.
29 (3) A legal guardian of an adoptee who is under 18 years
30 of age or adjudicated incapacitated.
20040S1134B1646 - 82 -
1 (4) A descendant of a deceased adoptee.
2 (5) A birth parent of an adoptee who is 21 years of age
3 or older.
4 (6) A parent of a birth parent of an adoptee who is 21
5 years of age or older if that birth parent consents, is
6 adjudicated incapacitated or is deceased.
7 (7) A birth sibling of an adoptee if both the birth
8 sibling and adoptee are 21 years of age or older and:
9 (i) the birth sibling remained in the custody of the
10 birth parent and the birth parent consents, is deceased
11 or legally adjudicated incapacitated;
12 (ii) both the birth sibling and adoptee were adopted
13 out of the same birth family; or
14 (iii) the birth sibling was not adopted out of the
15 birth family but did not remain in the custody of a birth
16 parent.
17 (b) Who may be the subject of a request.--An individual
18 under subsection (a) may request identifying information
19 regarding or contact with the following individuals:
20 (1) An adoptee who is 21 years of age or older.
21 (2) A birth parent of an adoptee.
22 (3) A parent of a birth parent of an adoptee 21 years of
23 age or older if that birth parent consents, is adjudicated
24 incapacitated or is deceased.
25 (4) A birth sibling of an adoptee if both the birth
26 sibling and adoptee are 21 years of age or older and:
27 (i) the birth sibling remained in the custody of the
28 birth parent and the birth parent consents, is deceased
29 or legally adjudicated incapacitated;
30 (ii) both the birth sibling and adoptee were adopted
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1 out of the same birth family; or
2 (iii) the birth sibling was not adopted out of the
3 birth family but did not remain in the custody of a birth
4 parent.
5 (c) Notice of availability of records.--When the court or
6 agency receives a written request for identifying information or
7 contact, within 30 days it shall do all of the following:
8 (1) Determine whether it has in its possession any
9 records relating to the adoptee.
10 (2) Notify any other court or agency listed in its
11 records of the existence of the request for identifying
12 information.
13 (3) Ask any other court or agency listed in its records
14 to advise if an authorization form has been filed.
15 (4) Contact the information registry established under
16 Subchapter C (relating to information registry), advise the
17 registry of the request for identifying information and ask
18 whether an authorization form has been filed.
19 (5) Notify the requesting individual of its findings
20 pursuant to this subsection.
21 (d) When records are located.--If records are located, the
22 following shall apply:
23 (1) A good faith search for identifying information
24 shall be commenced within 90 days.
25 (2) The search for information shall only be conducted
26 by an authorized representative appointed by:
27 (i) the court in which the adoption was finalized;
28 (ii) the agency which coordinated the adoption;
29 (iii) a successor, by merger or acquisition, of the
30 agency which coordinated the adoption; or
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1 (iv) if neither the agency nor a successor exists,
2 by an agency authorized by the court.
3 (3) The authorized representative shall review the court
4 and agency record for identifying information regarding the
5 birth or adoptive family.
6 (4) The court or agency shall determine whether an
7 authorization form has been filed with the court, agency or
8 information registry established under Subchapter C.
9 (e) No authorization form.--If an applicable authorization
10 form is not located, all of the following apply:
11 (1) The authorized representative shall use reasonable
12 efforts to locate the subject of the search.
13 (2) If the subject of the search is located, the
14 authorized representative shall obtain written authorization
15 from the subject before any identifying information is
16 released or contact between the parties is made.
17 (3) If the requester is an adoptee seeking the identity
18 of a birth parent, the identity of a deceased birth parent
19 may be disclosed.
20 (4) If the requester is an adoptee seeking the identity
21 of both birth parents and only one birth parent agrees to the
22 disclosure, only the information relating to that birth
23 parent shall be disclosed.
24 (f) Withdrawal of authorization form.--An individual may
25 withdraw his authorization form at any time.
26 § 2533. Statement of medical and social history information.
27 (a) Where filed.--A statement regarding medical and social
28 history information may be filed with the following:
29 (1) The court which terminated parental rights.
30 (2) The court which finalized the adoption.
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1 (3) The agency which coordinated the adoption.
2 (4) The information registry established under
3 Subchapter C (relating to information registry).
4 (b) Who may file and request medical and social history
5 information.--The following individuals may at any time file,
6 update and request a statement regarding medical and social
7 history information:
8 (1) An adoptee who is 18 years of age or older.
9 (2) An adoptive parent or legal guardian of an adoptee
10 who is under 18 years of age or adjudicated incapacitated.
11 (3) A descendant of a deceased adoptee.
12 (4) A birth parent.
13 (5) A legal guardian of an incapacitated birth parent.
14 (6) A survivor of a deceased birth parent.
15 (c) Statement made part of record.--A statement regarding
16 medical and social history information shall be maintained as a
17 permanent record.
18 (d) Forwarding statement.--If a statement regarding medical
19 and social history information is filed in the court which
20 terminated parental rights, a copy of the statement shall be
21 forwarded to the court which finalized the adoption and the
22 information registry established under Subchapter C.
23 (e) Notice of filing.--Within ten days of filing of a
24 statement regarding medical or social history information, the
25 court, agency or information registry shall give notice of the
26 filing to the individual to whom the information is intended to
27 benefit, if known or identified in its records.
28 (f) Request for information.--
29 (1) When the court or agency receives a written request
30 for medical and social history information, it shall notify
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1 the requester within 30 days whether it possesses any medical
2 or social history information relating to the adoption.
3 (2) If medical and social history information is
4 located, the court or agency shall within 90 days do the
5 following:
6 (i) As to nonidentifying information, review and
7 furnish to the requester any medical and social history
8 information that will not compromise the confidentiality
9 of the relationship between the adoptee and the adoptee's
10 birth parent.
11 (ii) As to identifying information, if an
12 authorization form is on file with the court, agency or
13 information registry, furnish to the requester the
14 available identifying information in its records.
15 (g) No information or authorization form on file.--If a
16 court or agency receives a request for medical and social
17 history information and finds that no such information is in its
18 records or that no authorization form is on file, the court or
19 agency shall do the following:
20 (1) Contact the subject of the request and ask that the
21 subject:
22 (i) provide nonidentifying information for the
23 benefit of the requester; or
24 (ii) file an authorization form.
25 (2) If the subject of the request cannot be located from
26 information contained in the court records, appoint an
27 authorized representative to use reasonable efforts to locate
28 the subject.
29 (3) If nonidentifying information is provided by the
30 subject of the request, give it to the requester.
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1 (4) If an authorization form is filed, provide
2 identifying information to the requester.
3 § 2534. Confidentiality.
4 (a) General rule.--In conducting a search, the court or
5 agency shall ensure that no individual other than a birth parent
6 is informed of the adoptee's existence and relationship to the
7 birth parent of the adoptee.
8 (b) When inquiry not mandatory.--An authorized
9 representative of the court or agency conducting a search may
10 not make an inquiry which the representative reasonably believes
11 may compromise the confidentiality relating to the relationship
12 between the adoptee and a birth parent of the adoptee.
13 § 2535. Refusal to search.
14 (a) Agency declines to search.--
15 (1) If it is satisfied that the request could cause
16 physical or emotional harm to the requesting individual or
17 others, an agency may decline to conduct a search to
18 determine whether an individual will authorize the disclosure
19 of identifying information or contact under this chapter.
20 (2) An agency that declines to conduct a search shall
21 refer the request to the court which finalized the adoption
22 and inform the court of its reasons for declining the
23 request.
24 (3) The agency shall notify the requester of the
25 referral and identify the court to which the referral was
26 made.
27 (b) Court declines to search.--
28 (1) If it is satisfied that the request could cause
29 physical or emotional harm to the requesting individual or
30 others, a court receiving a request for identifying
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1 information or contact may decline to perform a search.
2 (2) A court that declines to conduct a search shall
3 inform the requesting individual of its decision in writing
4 and of the procedures for appeal of that decision.
5 § 2536. Original birth record.
6 (a) General rule.--No disclosure of information shall be
7 made by the court, an agency, the Department of Health or any
8 other Commonwealth agency regarding the adopted person's
9 original birth records or regarding the documents of proof on
10 which the amended certificate of birth is based or relating in
11 any way to the birth parents unless the disclosure is made
12 pursuant to the provisions of this section.
13 (b) Filing of consent to issue copy of summary of original
14 birth record.--
15 (1) The birth parents may, at the time of the
16 termination of their parental rights or at any time
17 thereafter, place on file with the court and with the
18 Department of Health a consent form granting permission for
19 the court or the Department of Health to issue a copy of the
20 summary of the adoptee's original birth record, disclosing
21 the identity of the birth parents, at any time after the
22 adoptee attains the age of 18 or, if less than 18, to his
23 adoptive parent or legal guardian.
24 (2) If only one birth parent has filed a consent, a copy
25 of the summary of original birth record naming only the
26 consenting birth parent shall be issued.
27 (3) The consent of the birth parents may be withdrawn at
28 any time by filing a withdrawal of consent form with the
29 court and the department.
30 (c) Duty of department.--The department shall prescribe by
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1 regulation the procedure and forms to be utilized for the
2 giving, updating and withdrawal of the consent.
3 § 2537. Rules and regulations.
4 The department shall promulgate rules and regulations
5 implementing a standardized training program for court-appointed
6 and agency-appointed authorized representatives conducting
7 searches under this subchapter.
8 Section 3. This act shall apply as follows:
9 (1) This act shall apply to all proceedings for the
10 termination of parental rights initiated on or after the
11 effective date of this act. A proceeding for the termination
12 of parental rights initiated under the provisions repealed by
13 this act shall be concluded under those provisions.
14 (2) This act shall apply to all adoption proceedings
15 initiated on or after the effective date of this act.
16 Adoption proceedings initiated under the provisions repealed
17 by this act shall be concluded under those provisions.
18 (3) The addition of 23 Pa.C.S. § 2321 shall apply to all
19 expenses and costs incurred on or after the effective date of
20 this act. If an expense or cost is incurred before the
21 effective date of this act, the provisions repealed by this
22 act shall govern.
23 Section 4. This act shall take effect in six months.
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