Amendment 4603 to House Bill 350 P.N. 0313, Regular Session 2023-2024

H0350B0313A04603 MSP:CMH 05/30/24 #90 A04603

AMENDMENTS TO HOUSE BILL NO. 350

Sponsor: REPRESENTATIVE BULLOCK

Printer's No. 313

Amend Bill, page 1, lines 1 through 8, by striking out all of

said lines and inserting

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in proceedings prior to petition to

adopt, further providing for hearing, for alternative

procedure for relinquishment and for hearing; in support

matters generally, further providing for paternity and for

continuing jurisdiction over support orders; in general

provisions relating to children and minors, repealing

provisions relating to acknowledgment and claim of paternity;

in jurisdiction, further providing for bases for jurisdiction

over nonresident; enacting the Uniform Parentage Act; and

providing for parent-child relationship for certain

individuals, for voluntary acknowledgment of parentage, for

genetic testing, for proceeding to adjudicate parentage, for

assisted reproduction, for surrogacy agreements and for

information about donors.

Amend Bill, page 1, lines 11 through 20; pages 2 through 76,

lines 1 through 30; page 77, lines 1 through 15; by striking out

all of said lines on said pages and inserting

Section 1. Sections 2503(b) and (d), 2504(c), 2513(b),

4343(c)(6) and 4352(a) of Title 23 of the Pennsylvania

Consolidated Statutes are amended to read:

§ 2503. Hearing.

* * *

(b) Notice.--

(1) At least ten days' notice of the hearing shall be

given to the petitioner, and a copy of the notice shall be

given to the other parent, to the putative father whose

parental rights could be terminated pursuant to subsection

(d) and to the parents or guardian of a petitioner who has

not reached 18 years of age.

(2) The notice to the petitioner shall state the

following:

"To: (insert petitioner's name)

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A petition has been filed asking the court to put an

end to all rights you have to your child (insert name of

child). The court has set a hearing to consider ending

your rights to your child. That hearing will be held in

(insert place, giving reference to exact room and

building number or designation) on (insert date) at

(insert time). Your presence is required at the hearing.

You have a right to be represented at the hearing by a

lawyer. You should take this paper to your lawyer at

once. If you do not have a lawyer or cannot afford one,

go to or telephone the office set forth below to find out

where you can get legal help.

(Name)....................

(Address).................

..........................

(Telephone number)........"

(3) The copy of the notice which is given to the

putative father shall state that his rights may also be

subject to termination pursuant to subsection (d) if he

[fails to file either an acknowledgment of paternity or claim

of paternity pursuant to section 5103 (relating to

acknowledgment and claim of paternity)] has not filed an

acknowledgment or claim of parentage pursuant to Chapter 93

(relating to voluntary acknowledgment of parentage) and fails

to either appear at the hearing for the purpose of objecting

to the termination of his rights or file a written objection

to such termination with the court prior to the hearing.

* * *

(d) Putative father.--If a putative father will not file a

petition to voluntarily relinquish his parental rights pursuant

to section 2501 (relating to relinquishment to agency) or 2502

(relating to relinquishment to adult intending to adopt child),

has been given notice of the hearing being held pursuant to this

section and fails to either appear at that hearing for the

purpose of objecting to termination of his parental rights or

file a written objection to such termination with the court

prior to the hearing and has not filed an acknowledgment [of

paternity or claim of paternity pursuant to section 5103] or

claim of parentage pursuant to Chapter 93, the court may enter a

decree terminating the parental rights of the putative father

pursuant to subsection (c).

* * *

§ 2504. Alternative procedure for relinquishment.

* * *

a consent to an adoption as required by section 2711, has been

given notice of the hearing being held pursuant to this section

and fails to either appear at that hearing for the purpose of

objecting to termination of his parental rights or file a

written objection to such termination with the court prior to

the hearing and has not filed an acknowledgment [of paternity or

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claim of paternity pursuant to section 5103 (relating to

acknowledgment and claim of paternity)] or claim of parentage

pursuant to Chapter 93 (relating to voluntary acknowledgment of

parentage), the court may enter a decree terminating the

parental rights of the putative father pursuant to subsection

(b).

* * *

§ 2513. Hearing.

* * *

(b) Notice.--At least ten days' notice shall be given to the

parent or parents, putative father, or parent of a minor parent

whose rights are to be terminated, by personal service or by

registered mail to his or their last known address or by such

other means as the court may require. A copy of the notice shall

be given in the same manner to the other parent, putative father

or parent or guardian of a minor parent whose rights are to be

terminated. A putative father shall include one who has filed [a

claim of paternity as provided in section 5103 (relating to

acknowledgment and claim of paternity)] an acknowledgment or

claim of parentage as provided in Chapter 93 (relating to

voluntary acknowledgment of parentage) prior to the institution

of proceedings. The notice shall state the following:

"A petition has been filed asking the court to put an end

to all rights you have to your child (insert name of child).

The court has set a hearing to consider ending your rights to

your child. That hearing will be held in (insert place,

giving reference to exact room and building number or

designation) on (insert date) at (insert time). You are

warned that even if you fail to appear at the scheduled

hearing, the hearing will go on without you and your rights

to your child may be ended by the court without your being

present. You have a right to be represented at the hearing by

a lawyer. You should take this paper to your lawyer at once.

If you do not have a lawyer or cannot afford one, go to or

telephone the office set forth below to find out where you

can get legal help.

(Name)...................

(Address)................

.........................

(Telephone number)......."

* * *

§ 4343. Paternity.

* * *

[(6) A determination of nonpaternity made by another

state with respect to a public assistance recipient shall not

be binding upon the Department of Public Welfare unless the

defendant shows that the department had actual notice of the

proceedings, including the date and time of any trial, and a

fair opportunity to participate in all material proceedings

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through counsel of its own choice.]

§ 4352. Continuing jurisdiction over support orders.

(a) General rule.--The court making an order of support

shall at all times maintain jurisdiction of the matter for the

purpose of enforcement of the order and for the purpose of

increasing, decreasing, modifying or rescinding the order unless

otherwise provided by Part VIII (relating to uniform interstate

family support) [or], VIII-A (relating to intrastate family

support) or IX-A (relating to Uniform Parentage Act) without

limiting the right of the obligee, or the department if it has

an assignment or other interest, to institute additional

proceedings for support in any county in which the obligor

resides or in which property of the obligor is situated. The

Supreme Court shall by general rule establish procedures by

which each interested party shall be notified of all proceedings

in which support obligations might be established or modified

and shall receive a copy of any order issued in a case within 14

days after issuance of such order. A petition for modification

of a support order may be filed at any time and shall be granted

if the requesting party demonstrates a substantial change in

circumstances.

* * *

Section 2. Section 5103 of Title 23 is repealed:

[§ 5103. Acknowledgment and claim of paternity.

(a) Acknowledgment of paternity.--The father of a child born

to an unmarried woman may file with the Department of Public

Welfare, on forms prescribed by the department, an

acknowledgment of paternity of the child which shall include the

consent of the mother of the child, supported by her witnessed

statement subject to 18 Pa.C.S. § 4904 (relating to unsworn

falsification to authorities). In such case, the father shall

have all the rights and duties as to the child which he would

have had if he had been married to the mother at the time of the

birth of the child, and the child shall have all the rights and

duties as to the father which the child would have had if the

father had been married to the mother at the time of birth. The

hospital or other person accepting an acknowledgment of

paternity shall provide written and oral notice, which may be

through the use of video or audio equipment, to the birth mother

and birth father of the alternatives to, the legal consequences

of and the rights and responsibilities that arise from, signing

the acknowledgment.

(b) Claim of paternity.--If the mother of the child fails or

refuses to join in the acknowledgment of paternity provided for

in subsection (a), the Department of Public Welfare shall index

it as a claim of paternity. The filing and indexing of a claim

of paternity shall not confer upon the putative father any

rights as to the child except that the putative father shall be

entitled to notice of any proceeding brought to terminate any

parental rights as to the child.

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a child to an unmarried woman, an agent of the hospital or

birthing center where the birth occurred shall:

(1) Provide the newborn's birth parents with an

opportunity to complete an acknowledgment of paternity. The

completed, signed and witnessed acknowledgment shall be sent

to the Department of Public Welfare. A copy shall be given to

each of the birth parents. This acknowledgment shall contain:

(i) A signed, witnessed statement subject to 18

Pa.C.S. § 4904 (relating to unsworn falsification to

authorities) by the birth mother consenting to the

acknowledgment of paternity.

(ii) A signed, witnessed statement subject to 18

Pa.C.S. § 4904 by the birth father acknowledging his

paternity.

(iii) A written explanation of the parental duties

and parental rights which arise from signing such a

statement.

(iv) The Social Security numbers and addresses of

both birth parents.

(2) Provide written information, furnished by the

department to the birth mother and birth father, which

explains the benefits of having the child's paternity

established, the availability of paternity establishment

services and the availability of child support enforcement

agencies.

(d) Conclusive evidence.--Notwithstanding any other

provision of law, an acknowledgment of paternity shall

constitute conclusive evidence of paternity without further

judicial ratification in any action to establish support. The

court shall give full faith and credit to an acknowledgment of

paternity signed in another state according to its procedures.

(e) Transfer.--The Department of Health shall transfer to

the Department of Public Welfare all acknowledgments or claims

of paternity filed with the Department of Health under prior

statutes.

(f) Certifications.--The Department of Public Welfare shall

provide necessary certifications under Part III (relating to

adoption) as to whether any acknowledgment or claim of paternity

has been filed in regard to any child who is a prospective

adoptive child.

(g) Rescission.--

(1) Notwithstanding any other provision of law, a

signed, voluntary, witnessed acknowledgment of paternity

subject to 18 Pa.C.S. § 4904 shall be considered a legal

finding of paternity, subject to the right of any signatory

to rescind the acknowledgment within the earlier of the

following:

(i) sixty days; or

(ii) the date of an administrative or judicial

proceeding relating to the child, including, but not

limited to, a domestic relations section conference or a

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proceeding to establish a support order in which the

signatory is a party.

(2) After the expiration of the 60 days, an

acknowledgment of paternity may be challenged in court only

on the basis of fraud, duress or material mistake of fact,

which must be established by the challenger through clear and

convincing evidence. An order for support shall not be

suspended during the period of challenge except for good

cause shown.

(h) Penalties for noncompliance.--The department may impose

a civil penalty not to exceed $500 per day upon a hospital or

birthing center which is not in compliance with the provisions

of this section. A penalty under this subsection is subject to 2

Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of

Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial

review of Commonwealth agency action).

(i) Status of father.--The name of the father shall be

included on the record of birth of the child of unmarried

parents only if one of the following applies:

(1) The father and mother have signed a voluntary

acknowledgment of paternity.

(2) A court or administrative agency of competent

jurisdiction has issued an adjudication of paternity.]

Section 3. Section 7201(a) of Title 23 is amended to read:

§ 7201. Bases for jurisdiction over nonresident.

(a) Jurisdiction.--In a proceeding to establish or enforce a

support order or to determine parentage of a child, a tribunal

of this State may exercise personal jurisdiction over a

nonresident individual or the individual's guardian or

conservator if any of the following apply:

(1) The individual is personally served with a writ of

summons, complaint or other appropriate pleading within this

State.

(2) The individual submits to the jurisdiction of this

State by consent in a record, by entering a general

appearance or by filing a responsive document having the

effect of waiving any contest to personal jurisdiction.

(3) The individual resided with the child in this State.

(4) The individual resided in this State and provided

prenatal expenses or support for the child.

(5) The child resides in this State as a result of the

acts or directives of the individual.

(6) The individual engaged in sexual intercourse in this

State and the child may have been conceived by that act of

intercourse.

(7) The individual acknowledged parentage of the child

[on a form filed with the department under section 5103

(relating to acknowledgment and claim of paternity)] under

Chapter 93 (relating to voluntary acknowledgment of

parentage).

(8) There is any other basis consistent with the

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constitutions of this State and the United States for the

exercise of personal jurisdiction.

* * *

Section 4. Title 23 is amended by adding a part to read:

PART IX-A

UNIFORM PARENTAGE ACT

Chapter

91. General Provisions

92. Parent-child Relationship

93. Voluntary Acknowledgment of Parentage

94. (Reserved)

95. Genetic Testing

96. Proceeding to Adjudicate Parentage

97. Assisted Reproduction

98. Surrogacy Agreement

99. Information about Donor

99A. Miscellaneous Provisions

CHAPTER 91

GENERAL PROVISIONS

Sec.

9101. Short title of part.

9102. Definitions.

9103. Scope of part.

9104. Applicable law.

9105. Data privacy.

9106. Construction.

§ 9101. Short title of part.

This part shall be known as the Uniform Parentage Act.

§ 9102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this part which are applicable to specific

provisions of this part, the following words and phrases when

used in this part shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

"Acknowledged parent." An individual who has established a

parent-child relationship under Chapter 93 (relating to

voluntary acknowledgment of parentage).

"Active petition." A petition which has been served and not

withdrawn.

"Adjudicated parent." An individual who has been adjudicated

to be a parent of a child by a court with jurisdiction.

"Alleged genetic parent." An individual who is alleged to

be, or alleges that the individual is, a genetic parent or

possible genetic parent of a child whose parentage has not been

adjudicated. The term does not include:

(1) a presumed parent;

(2) an individual whose parental rights have been

terminated or declared not to exist; or

(3) a donor.

"Assisted reproduction." A method of causing pregnancy other

than sexual intercourse. The term includes:

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(1) intrauterine , intracervical or vaginal insemination;

(2) donation of gametes;

(3) donation of embryos;

(4) in vitro fertilization and transfer of embryos; and

(5) intracytoplasmic sperm injection.

"Birth." Includes stillbirth.

"Child." An individual of any age whose parentage may be

determined under this part.

"Child-support agency." A government entity, public official

or private agency authorized to provide parentage-establishment

services under Part D of Title IV of the Social Security Act (49

Stat. 620, 42 U.S.C. § 651 et seq.).

"Department." The Department of Health of the Commonwealth.

"Determination of parentage." Establishment of a parent-

child relationship by a judicial or administrative proceeding or

otherwise under this part.

"Donor." An individual who provides gametes intended for use

in assisted reproduction, whether or not for consideration. The

term does not include:

(1) an individual who gives birth to a child conceived

by assisted reproduction, except as otherwise provided in

Chapter 98 (relating to surrogacy agreement); or

(2) a parent under Chapter 97 (relating to assisted

reproduction) or an intended parent under Chapter 98.

"Gamete." A sperm or an egg.

"Genetic testing." An analysis of genetic markers to

identify or exclude a genetic relationship.

"Intended parent." An individual, married or unmarried, who

manifests an intent to be legally bound as a parent of a child

conceived by assisted reproduction.

"Minor." An unemancipated individual under 18 years of age.

"Parent." An individual who has established a parent-child

relationship under section 9201 (relating to establishment of

parent-child relationship).

"Parentage" or "parent-child relationship." The legal

relationship between a child and a parent of the child.

"Petition." A pleading which commences an action under this

part.

"Presumed parent." An individual who, under section 9204

(relating to presumption of parentage), is presumed to be a

parent of a child, unless the presumption is overcome in a

judicial proceeding, a valid denial of parentage is made under

Chapter 93 or a court adjudicates the individual to be a parent.

"Record." Information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is

retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a

record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record

an electronic symbol, sound or process.

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"Signatory." An individual who signs a record.

"State." A state of the United States, the District of

Columbia, Puerto Rico, the United States Virgin Islands or any

territory or insular possession under the jurisdiction of the

United States. The term includes a federally recognized Indian

tribe.

"Transfer." A procedure for assisted reproduction by which a

gamete or embryo is placed in the body of an individual who will

give birth to a child.

"Witnessed." At least one individual who is authorized to

sign has signed a record to verify that the individual

personally observed a signatory sign the record.

§ 9103. Scope of part.

(a) General rule.--This part applies to an adjudication or

determination of parentage.

(b) Construction.--This part does not create, affect,

enlarge or diminish parental rights or duties under the law of

this Commonwealth other than this part.

part, if there is an inconsistency between a provision of this

part and another statutory provision, the provision of this part

prevails.

§ 9104 . Applicable law.

The court shall apply the law of this Commonwealth to

adjudicate parentage. The applicable law does not depend on:

(1) the place of birth of the child; or

(2) the past or present residence of the child.

§ 9105 . Data privacy.

A proceeding under this part is subject to the law of this

Commonwealth other than this part which governs the health,

safety, privacy and liberty of a child or other individual who

could be affected by disclosure of information that could

identify the child or other individual, including address,

telephone number, digital contact information, place of

employment, Social Security number and the child's day-care

facility or school.

§ 9106. Construction.

To the extent practicable, a provision of this part

applicable to a father-child relationship or a mother-child

relationship applies to any parent-child relationship.

CHAPTER 92

PARENT-CHILD RELATIONSHIP

Sec.

9201. Establishment of parent-child relationship.

9202. No discrimination.

9203. Consequences of establishing parentage.

9204. Presumption of parentage.

§ 9201. Establishment of parent-child relationship.

A parent-child relationship is established between an

individual and a child if:

(1) the individual gives birth to the child, except as

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otherwise provided in Chapter 98 (relating to surrogacy

agreement);

(2) there is a presumption under section 9204 (relating

to presumption of parentage) of the individual's parentage of

the child, unless the presumption is overcome in a judicial

proceeding or a valid denial of parentage is made under

Chapter 93 (relating to voluntary acknowledgment of

parentage);

(3) the individual is adjudicated a parent of the child

under Chapter 96 (relating to proceeding to adjudicate

parentage);

(4) the individual adopts the child;

(5) the individual acknowledges parentage of the child

under Chapter 93, unless the acknowledgment is rescinded

under section 9308 (relating to procedure for rescission) or

successfully challenged under Chapter 93 or 96;

(6) the individual's parentage of the child is

established under Chapter 97 (relating to assisted

reproduction); or

(7) the individual's parentage of the child is

established under Chapter 98.

§ 9202. No discrimination.

A parent-child relationship extends equally to every child

and parent, regardless of the marital status or gender of the

parent or the circumstances of the child's birth.

§ 9203. Consequences of establishing parentage.

Unless parental rights are terminated, a parent-child

relationship established under this part applies for all

purposes.

§ 9204. Presumption of parentage.

(a) General rule.--An individual is presumed to be a parent

of a child if:

(1) when the child was born:

(i) that individual and the individual who gave

birth to the child were married to each other, regardless

of whether the marriage was valid or could later be

declared invalid; and

(ii) there is no active petition for divorce,

dissolution or annulment ; or

(2) during the time the child was a minor, that

individual resided in the same household as the child and:

(i) openly held out the child as that individual's

child; or

(ii) provided support for the child.

(b) Effect of presumption of parentage.--A presumption of

parentage under this section may be overcome and competing

claims to parentage may be resolved only by an adjudication

under Chapter 96 (relating to proceeding to adjudicate

parentage) or a valid denial of parentage under Chapter 93

(relating to voluntary acknowledgment of parentage).

CHAPTER 93

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VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE

Sec.

9301. Acknowledgment of parentage.

9302. Execution of acknowledgment of parentage.

9303. Denial of parentage.

9304. Rules for acknowledgment or denial of parentage.

9305. Effect of acknowledgment or denial of parentage.

9306. No filing fee.

9307. Ratification barred.

9308. Procedure for rescission.

9309. Challenge after expiration of period for rescission.

9310. Procedure for challenge by signatory.

9311. Full faith and credit.

9312. Forms for acknowledgment and denial of parentage.

9313. Release of information.

9314. Adoption of rules.

§ 9301. Acknowledgment of parentage.

(a) Who may sign acknowledgment.--Except as provided in

subsection (c), the individual who gave birth to a child and any

of the following may sign an acknowledgment of parentage to

establish the parentage of the child:

(1) A presumed parent of the child.

(2) An alleged genetic parent of the child.

(3) An intended parent of the child.

(b) Opportunity to complete and sign acknowledgment.--If a

child is born in a hospital, birthing center or other facility,

an agent of the facility shall provide the individual who gave

birth to the child and any of the other individuals listed in

subsection (a) seeking to establish a parent-child relationship

with the child with a form acknowledgment of parentage and an

opportunity to complete and sign the form and have their

signatures attested or witnessed as required under section

9302(a)(1) (relating to execution of acknowledgment of

parentage).

birth.--If the individual who gave birth to the child refuses to

sign an acknowledgment of parentage under this section, the

Department of Human Services shall accept for filing the

acknowledgment of parentage and index the acknowledgment as a

claim of parentage by the other individual seeking to establish

the parentage of the child. The filing and indexing shall not

confer on the other individual any rights regarding the child

except that the other individual is entitled to notice of any

proceeding brought to terminate any parental rights to the child

provided by other law.

(d) Certifications.--The Department of Human Services shall

provide necessary certifications under Part III (relating to

adoption) as to whether any acknowledgment or claim of parentage

has been filed in regard to a child who is a prospective

adoptive child.

§ 9302. Execution of acknowledgment of parentage.

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(a) General rule.--An acknowledgment of parentage under

section 9301 (relating to acknowledgment of parentage) must:

(1) be in a record signed by the individual who gave

birth to the child and by the individual seeking to establish

parentage , and the signatures must be attested by a notarial

officer or witnessed;

(2) state that the child whose parentage is being

acknowledged:

(i) does not have a presumed parent other than the

individual seeking to establish parentage of the child or

has a presumed parent whose full name is stated; and

(ii) does not have another acknowledged parent,

adjudicated parent or individual who is a parent of the

child under Chapter 97 (relating to assisted

reproduction) or 98 (relating to surrogacy agreement)

other than the individual who gave birth to the child;

and

(3) state that the signatories understand that the

acknowledgment is the equivalent of an adjudication of

parentage of the child and that a challenge to the

acknowledgment is permitted only under limited circumstances

and is barred two years after the effective date of the

acknowledgment.

(b) Void acknowledgment of parentage.--An acknowledgment of

parentage is void if, at the time of signing:

(1) an individual other than the individual seeking to

establish parentage is a presumed parent, unless a denial of

parentage by the presumed parent in a signed record is filed

with the Department of Human Services ; or

(2) an individual, other than the individual who gave

birth to the child or the individual seeking to establish

parentage, is an acknowledged or adjudicated parent or a

parent under Chapter 97 or 98.

§ 9303. Denial of parentage.

A presumed parent or alleged genetic parent may sign a denial

of parentage in a record. The denial of parentage is valid only

if:

(1) an acknowledgment of parentage by another individual

is filed under section 9305 (relating to effect of

acknowledgment or denial of parentage);

(2) the signatures are attested by a notarial officer or

witnessed; and

(3) the presumed parent or alleged genetic parent has

not previously:

(i) completed a valid acknowledgment of parentage,

unless the previous acknowledgment was rescinded under

section 9308 (relating to procedure for rescission) or

challenged successfully under section 9309 (relating to

challenge after expiration of period for rescission); or

(ii) been adjudicated to be a parent of the child.

§ 9304. Rules for acknowledgment or denial of parentage.

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(a) General rule.--An acknowledgment of parentage and a

denial of parentage may be contained in a single record or may

be in counterparts and may be filed with the Department of Human

Services separately or simultaneously. If filing of the

acknowledgment and denial both are required under this part,

neither is effective until both are filed.

(b) Time period for signing.--An acknowledgment of parentage

or denial of parentage may be signed before or after the birth

of the child.

acknowledgment of parentage or denial of parentage takes effect

on the birth of the child or filing of the record with the

Department of Human Services , whichever occurs later.

(d) Validity.--An acknowledgment of parentage or denial of

parentage signed by a minor is valid if the acknowledgment

complies with this part.

§ 9305. Effect of acknowledgment or denial of parentage.

(a) Acknowledgment of parentage.--Except as otherwise

provided in sections 9308 (relating to procedure for rescission)

and 9309 (relating to challenge after expiration of period for

rescission), an acknowledgment of parentage that complies with

this chapter and is filed with the Department of Human Services

is equivalent to an adjudication of parentage of the child and

confers on the acknowledged parent all rights and duties of a

parent.

(b) Denial of parentage.--Except as otherwise provided in

sections 9308 and 9309, a denial of parentage which complies

with this chapter and is filed with the Department of Human

Services with an acknowledgment of parentage that complies with

this chapter is equivalent to an adjudication that the presumed

parent or alleged genetic parent is not a parent and is

discharged from all rights and duties of a parent.

§ 9306. No filing fee.

The Department of Human Services may not charge a fee for

filing an acknowledgment of parentage or denial of parentage.

§ 9307. Ratification barred.

A court conducting a judicial proceeding or an administrative

agency conducting an administrative proceeding is not required

or permitted to ratify an unchallenged acknowledgment of

parentage.

§ 9308. Procedure for rescission.

(a) General rule.--A signatory may rescind an acknowledgment

of parentage or denial of parentage by filing with the

Department of Human Services a rescission in a signed record

which is attested by a notarial officer or witnessed. The filing

must occur before the earlier of:

(1) sixty days after the effective date under section

9304 (relating to rules for acknowledgment or denial of

parentage) of the acknowledgment or denial; or

(2) the date of the first hearing before a court in a

proceeding, to which the signatory is a party, to adjudicate

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an issue relating to the child, including a proceeding that

establishes support.

(b) Associated denial of parentage.--If an acknowledgment of

parentage is rescinded under subsection (a), an associated

denial of parentage is invalid, and the Department of Human

Services shall notify the individual who gave birth to the child

and the individual who signed a denial of parentage of the child

that the acknowledgment has been rescinded. Failure to give the

notice required by this subsection does not affect the validity

of the rescission.

§ 9309. Challenge after expiration of period for rescission.

(a) Signatories.--After the period for rescission under

section 9308 (relating to procedure for rescission) expires, but

not later than two years after the effective date under section

9304 (relating to rules for acknowledgment or denial of

parentage) of an acknowledgment of parentage or denial of

parentage, a signatory of the acknowledgment or denial may

commence a proceeding to challenge the acknowledgment or denial,

including a challenge brought under section 9614 (relating to

precluding establishment of parentage by perpetrator of sexual

assault), only on the basis of fraud, duress or material mistake

of fact.

(b) Nonsignatories.--A challenge to an acknowledgment of

parentage or denial of parentage by an individual who was not a

signatory to the acknowledgment or denial is governed by section

9610 (relating to adjudicating parentage of child with

acknowledged parent).

§ 9310. Procedure for challenge by signatory.

(a) Parties.--Every signatory to an acknowledgment of

parentage and any related denial of parentage must be made a

party to a proceeding to challenge the acknowledgment or denial.

(b) Personal jurisdiction.--By signing an acknowledgment of

parentage or denial of parentage, a signatory submits to

personal jurisdiction in this Commonwealth in a proceeding to

challenge the acknowledgment or denial, effective on the filing

of the acknowledgment or denial with the Department of Human

Services .

suspend the legal responsibilities arising from an

acknowledgment of parentage, including the duty to pay child

support, during the pendency of a proceeding to challenge the

acknowledgment or a related denial of parentage, unless the

party challenging the acknowledgment or denial shows good cause.

(d) Burden of proof.--A party challenging an acknowledgment

of parentage or denial of parentage has the burden of proof.

(e) Order to amend birth record.--If the court determines

that a party has satisfied the burden of proof under subsection

(d), the court shall order the department to amend the birth

record of the child to reflect the legal parentage of the child.

(f) Conduct of proceedings.--A proceeding to challenge an

acknowledgment of parentage or denial of parentage must be

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conducted under Chapter 96 (relating to proceeding to adjudicate

parentage).

§ 9311. Full faith and credit.

The court shall give full faith and credit to an

acknowledgment of parentage or denial of parentage effective in

another state if the acknowledgment or denial is in a signed

record and otherwise complies with the law of the other state.

§ 9312. Forms for acknowledgment and denial of parentage.

(a) Duty to prescribe forms.--The Department of Human

Services shall prescribe forms for an acknowledgment of

parentage , denial of parentage, rescission of acknowledgment and

rescission of denial.

(b) Effect of later modification.--A valid acknowledgment of

parentage or denial of parentage is not affected by a later

modification of the form under subsection (a).

§ 9313. Release of information.

The Department of Human Services may release information

relating to an acknowledgment of parentage or denial of

parentage to a signatory of the acknowledgment or denial, court,

child 18 years of age or older who is the subject of the

acknowledgment of parentage or denial of parentage, Federal

agency and child-support agency of this or another state.

§ 9314. Adoption of rules.

The Department of Human Services may adopt rules to implement

this chapter.

CHAPTER 94

(Reserved)

CHAPTER 95

GENETIC TESTING

Sec.

9501. Definitions.

9502. Scope of chapter; limitation on use of genetic testing.

9503. Authority to order or deny genetic testing.

9504. Requirements for genetic testing.

9505. Report of genetic testing.

9506. Genetic testing results; challenge to results.

9507. Cost of genetic testing.

9508. Additional genetic testing.

9509. Genetic testing when specimen not available.

9510. Deceased individual.

9511. Identical siblings.

9512. Confidentiality of genetic testing.

§ 9501. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Combined relationship index." The product of all tested

relationship indices.

"Ethnic or racial group." For the purpose of genetic

testing, a recognized group or groups that an individual

identifies as the individual's ancestry or part of the ancestry

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or that is identified by other information.

"Hypothesized genetic relationship." An asserted genetic

relationship between an individual and a child.

"Probability of parentage." For the ethnic or racial group

to which an individual alleged to be a parent belongs, the

probability that a hypothesized genetic relationship is

supported, compared to the probability that a genetic

relationship is supported between the child and a random

individual of the ethnic or racial group used in the

hypothesized genetic relationship, expressed as a percentage

incorporating the combined relationship index and a prior

probability.

"Relationship index." A likelihood ratio that compares the

probability of a genetic marker given a hypothesized genetic

relationship and the probability of the genetic marker given a

genetic relationship between the child and a random individual

of the ethnic or racial group used in the hypothesized genetic

relationship.

§ 9502. Scope of chapter; limitation on use of genetic testing.

(a) General rule.--This chapter governs genetic testing of

an individual in a proceeding to adjudicate parentage, whether

the individual:

(1) voluntarily submits to testing; or

(2) is tested under an order of the court or a child-

support agency.

(b) Prohibited uses.--Genetic testing may not be used:

(1) to challenge the parentage status of an individual

who is a parent under Chapter 97 (relating to assisted

reproduction) or 98 (relating to surrogacy agreement); or

(2) to establish the parentage status of an individual

who is a donor.

§ 9503. Authority to order or deny genetic testing.

(a) General rule.--Except as otherwise provided in this

chapter or Chapter 96 (relating to proceeding to adjudicate

parentage), in a proceeding under this part to determine

parentage, the court shall order the child and any other

individual to submit to genetic testing if a request for testing

is supported by the sworn statement of a party:

(1) alleging a reasonable possibility that the

individual is the child's genetic parent; or

(2) denying genetic parentage of the child and stating

facts establishing a reasonable possibility that the

individual is not a genetic parent.

(b) When permitted.--The court or a child-support agency may

order genetic testing only if there is no presumed, acknowledged

or adjudicated parent of a child other than the individual who

gave birth to the child.

child-support agency may not order in utero genetic testing.

(d) Multiple individuals.--If two or more individuals are

subject to court-ordered genetic testing, the court may order

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that testing be completed concurrently or sequentially.

(e) Subjects.--Genetic testing of an individual who gave

birth to a child is not a condition precedent to testing of the

child and another individual whose genetic parentage of the

child is being determined. If the individual who gave birth is

unavailable or declines to submit to genetic testing, the court

may order genetic testing of the child and each other individual

whose genetic parentage of the child is being adjudicated.

(f) Discretion to deny motion.--In a proceeding to

adjudicate the parentage of a child having a presumed parent or

an individual who claims to be a parent under section 9609

(relating to adjudicating claim of de facto parentage of child),

or to challenge an acknowledgment of parentage, the court may

deny a motion for genetic testing of the child and any other

individual after considering the factors in section 9613(a) and

(b) (relating to adjudicating competing claims of parentage).

(g) Conditions requiring denial of motion.--If an individual

requesting genetic testing is barred under Chapter 96 from

establishing the individual's parentage status, the court shall

deny the request for genetic testing.

(h) Enforcement.--An order under this section for genetic

testing is enforceable by contempt.

§ 9504. Requirements for genetic testing.

(a) Types authorized.--Genetic testing must be of a type

reasonably relied on by experts in the field of genetic testing

and performed in a testing laboratory accredited by:

(1) the AABB, formerly known as the American Association

of Blood Banks, or a successor to its functions; or

(2) an accrediting body designated by the Secretary of

the United States Department of Health and Human Services.

(b) Specimens.--A specimen used in genetic testing may

consist of a sample or a combination of samples of blood, buccal

cells, bone, hair or other body tissue or fluid. The specimen

used in the testing need not be of the same kind for each

individual undergoing genetic testing.

or racial group of an individual undergoing genetic testing, a

testing laboratory shall determine the databases from which to

select frequencies for use in calculating a relationship index.

If an individual or a child-support agency objects to the

laboratory's choice, the following rules apply:

(1) Not later than 30 days after receipt of the report

of the test, the objecting individual or child-support agency

may request the court to require the laboratory to

recalculate the relationship index using an ethnic or racial

group different from that used by the laboratory.

(2) The individual or the child-support agency objecting

to the laboratory's choice under this subsection shall:

(i) if the requested frequencies are not available

to the laboratory for the ethnic or racial group

requested, provide the requested frequencies compiled in

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a manner recognized by accrediting bodies; or

(ii) engage another laboratory to perform the

calculations.

(3) The laboratory may use its own statistical estimate

if there is a question of which ethnic or racial group is

appropriate. The laboratory shall calculate the frequencies

using statistics, if available, for any other ethnic or

racial group requested.

(d) Discretion to require additional genetic testing.--If,

after recalculation of the relationship index under subsection

under section 9506 (relating to genetic testing results;

challenge to results) does not identify an individual as a

genetic parent of a child, the court may require an individual

who has been tested to submit to additional genetic testing to

identify a genetic parent.

§ 9505. Report of genetic testing.

(a) Requirements.--A report of genetic testing must be in a

record and signed under penalty of perjury by a designee of the

testing laboratory. A report complying with the requirements of

this chapter is self-authenticating.

(b) Admissibility of documentation.--Documentation from a

testing laboratory of the following information is sufficient to

establish a reliable chain of custody and allow the results of

genetic testing to be admissible without testimony:

(1) the name and photograph of each individual whose

specimen has been taken;

(2) the name of the individual who collected each

specimen;

(3) the place and date each specimen was collected;

(4) the name of the individual who received each

specimen in the testing laboratory; and

(5) the date each specimen was received.

§ 9506. Genetic testing results; challenge to results.

(a) General rule.--Subject to a challenge under subsection

(b), an individual is identified under this part as a genetic

parent of a child if genetic testing complies with this chapter

and the results of the testing disclose:

(1) that the individual has at least a 99% probability

of parentage, using a prior probability of 0.50, as

calculated by using the combined relationship index obtained

in the testing; and

(2) a combined relationship index of at least 100 to 1.

(b) When challenge permitted.--An individual identified

under subsection (a) as a genetic parent of the child may

challenge the genetic testing results only by other genetic

testing satisfying the requirements of this chapter which:

(1) excludes the individual as a genetic parent of the

child; or

(2) identifies another individual as a possible genetic

parent of the child other than:

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(i) the individual who gave birth to the child; or

(ii) the individual identified under subsection (a).

as otherwise provided in section 9511 (relating to identical

siblings), if more than one individual other than the individual

who gave birth is identified by genetic testing as a possible

genetic parent of the child, the court shall order each

individual to submit to further genetic testing to identify a

genetic parent.

§ 9507. Cost of genetic testing.

(a) General rule.--Subject to assessment of fees under

Chapter 96 (relating to proceeding to adjudicate parentage),

payment of the cost of initial genetic testing must be made in

advance:

(1) by a child-support agency in a proceeding in which

the child-support agency provides services;

(2) by the individual who made the request for genetic

testing;

(3) as agreed by the parties; or

(4) as ordered by the court.

(b) Reimbursement authorized.--If the cost of genetic

testing is paid by the child-support agency, the child-support

agency may seek reimbursement from the genetic parent whose

parent-child relationship is established.

§ 9508. Additional genetic testing.

The court or child-support agency shall order additional

genetic testing on request of an individual who contests the

result of the initial testing under section 9506 (relating to

genetic testing results; challenge to results). If initial

genetic testing under section 9506 identifies an individual as a

genetic parent of the child, the court or agency may not order

additional testing unless the contesting individual pays for the

testing in advance.

§ 9509. Genetic testing when specimen not available.

(a) Individuals subject to.--Subject to subsection (b), if a

genetic testing specimen is not available from an alleged

genetic parent of a child, an individual seeking genetic testing

demonstrates good cause and the court finds that the

circumstances are just, the court may order any of the following

individuals to submit specimens for genetic testing:

(1) a parent of the alleged genetic parent;

(2) a sibling of the alleged genetic parent;

(3) another child of the alleged genetic parent and the

individual who gave birth to the other child; and

(4) another relative of the alleged genetic parent

necessary to complete genetic testing.

(b) Balancing test.--To issue an order under this section,

the court must find that a need for genetic testing outweighs

the legitimate interests of the individual sought to be tested.

§ 9510. Deceased individual.

If an individual seeking genetic testing demonstrates good

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cause, the court may order genetic testing of a deceased

individual.

§ 9511. Identical siblings.

(a) General rule.--If the court finds there is reason to

believe that an alleged genetic parent has an identical sibling

and evidence that the sibling may be a genetic parent of the

child, the court may order genetic testing of the sibling.

(b) Nongenetic evidence.--If more than one sibling is

identified under section 9506 (relating to genetic testing

results; challenge to results) as a genetic parent of the child,

the court may rely on nongenetic evidence to adjudicate which

sibling is a genetic parent of the child.

§ 9512. Confidentiality of genetic testing.

(a) General rule.--Release of a report of genetic testing

for parentage is controlled by the law of this Commonwealth

other than this part.

(b) Penalty.--An individual who intentionally releases an

identifiable specimen of another individual collected for

genetic testing under this chapter for a purpose not relevant to

a proceeding regarding parentage, without a court order or

written permission of the individual who furnished the specimen,

commits a misdemeanor of the third degree.

CHAPTER 96

PROCEEDING TO ADJUDICATE PARENTAGE

Subchapter

A. Nature of Proceeding

B. Special Rules for Proceeding to Adjudicate Parentage

C. Hearing and Adjudication

SUBCHAPTER A

NATURE OF PROCEEDING

Sec.

9601. Proceeding authorized.

9602. Standing to maintain proceeding.

9603. Notice of proceeding.

9604. Personal jurisdiction.

9605. Venue.

§ 9601. Proceeding authorized.

(a) General rule.--A proceeding may be commenced to

adjudicate the parentage of a child. Except as otherwise

provided in this part, the proceeding is governed by the

Pennsylvania Rules of Civil Procedure.

(b) Exception.--A proceeding to adjudicate the parentage of

a child born under a surrogacy agreement is governed by this

chapter and Chapter 98 (relating to surrogacy agreement).

§ 9602. Standing to maintain proceeding.

Except as otherwise provided in Chapter 93 (relating to

voluntary acknowledgment of parentage) and sections 9608

(relating to adjudicating parentage of child with presumed

parent), 9609 (relating to adjudicating claim of de facto

parentage of child), 9610 (relating to adjudicating parentage of

child with acknowledged parent) and 9611 (relating to

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adjudicating parentage of child with adjudicated parent), a

proceeding to adjudicate parentage may be maintained by:

(1) the child;

(2) the individual who gave birth to the child, unless a

court has adjudicated that the individual is not a parent;

(3) an individual who is a parent under this part;

(4) an individual whose parentage of the child is to be

adjudicated;

(5) a child-support agency;

(6) an adoption agency authorized by the law of this

Commonwealth other than this part or a licensed child-

placement agency; or

(7) a representative authorized by the law of this

Commonwealth other than this part to act for an individual

who otherwise would be entitled to maintain a proceeding but

is deceased, incapacitated or a minor.

§ 9603. Notice of proceeding.

(a) Individuals entitled to notice.--The petitioner shall

give notice of a proceeding to adjudicate parentage to the

following individuals:

(1) the individual who gave birth to the child, unless a

court has adjudicated that the individual is not a parent;

(2) an individual who is a parent of the child under

this part;

(3) a presumed, acknowledged or adjudicated parent of

the child; and

(4) an individual whose parentage of the child will be

adjudicated.

(b) Right to intervene.--An individual entitled to notice

under subsection (a) has a right to intervene in the proceeding.

subsection (a) does not render a judgment void. Lack of notice

does not preclude an individual entitled to notice under

subsection (a) from bringing a proceeding under section 9611(b)

(relating to adjudicating parentage of child with adjudicated

parent).

§ 9604. Personal jurisdiction.

(a) General rule.--The court may adjudicate an individual's

parentage of a child only if the court has personal jurisdiction

over the individual.

(b) Nonresidents, guardians and conservators.--A court of

this Commonwealth with jurisdiction to adjudicate parentage may

exercise personal jurisdiction over a nonresident individual, or

the guardian or conservator of the individual, if the conditions

prescribed in section 7201 (relating to bases for jurisdiction

over nonresident) are satisfied.

individual does not preclude the court from making an

adjudication of parentage binding on another individual.

§ 9605. Venue.

Venue for a proceeding to adjudicate parentage shall be in

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the county where:

(1) the assisted reproduction resulting in the child

occurred or will occur;

(2) the child is or will be born;

(3) the child resides or is located;

(4) if the child does not reside in this Commonwealth ,

the respondent resides or is located; or

(5) a proceeding has been commenced for administration

of the estate of an individual who is or may be a parent

under this part.

SUBCHAPTER B

SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE

Sec.

9606. Admissibility of results of genetic testing.

9607. Adjudicating parentage of child with alleged genetic

parent.

9608. Adjudicating parentage of child with presumed parent.

9609. Adjudicating claim of de facto parentage of child.

9610. Adjudicating parentage of child with acknowledged parent.

9611. Adjudicating parentage of child with adjudicated parent.

9612. Adjudicating parentage of child of assisted reproduction.

9613. Adjudicating competing claims of parentage.

9614. Precluding establishment of parentage by perpetrator of

sexual assault.

§ 9606. Admissibility of results of genetic testing.

(a) General rule.--Except as otherwise provided in section

9502(b) (relating to scope of chapter; limitation on use of

genetic testing), the court shall admit a report of genetic

testing ordered by the court under section 9503 (relating to

authority to order or deny genetic testing) as evidence of the

truth of the facts asserted in the report.

(b) Objection.--A party may object to the admission of a

report described in subsection (a) not later than 14 days after

the party receives the report. The party shall cite specific

grounds for exclusion.

of genetic testing may call a genetic testing expert to testify

in person or by another method approved by the court. Unless the

court orders otherwise, the party offering the testimony bears

the expense for the expert testifying.

(d) Factors not affecting admissibility.--Admissibility of a

report of genetic testing is not affected by whether the testing

was performed:

(1) voluntarily or under an order of the court or a

child-support agency ; or

(2) before, on or after commencement of the proceeding.

§ 9607. Adjudicating parentage of child with alleged genetic

parent.

(a) General rule.--A proceeding to determine whether an

alleged genetic parent who is not a presumed parent is a parent

of a child may be commenced:

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(1) before the child becomes an adult; or

(2) after the child becomes an adult, but only if the

child initiates the proceeding.

(b) Sole claimant .--Except as otherwise provided in section

9614 (relating to precluding establishment of parentage by

perpetrator of sexual assault), this subsection applies in a

proceeding described in subsection (a) if the individual who

gave birth to the child is the only other individual with a

claim to parentage of the child. The court shall adjudicate an

alleged genetic parent to be a parent of the child if the

alleged genetic parent:

(1) is identified under section 9506 (relating to

genetic testing results; challenge to results) as a genetic

parent of the child and the identification is not

successfully challenged under section 9506;

(2) admits parentage in a pleading, when making an

appearance or during a hearing, the court accepts the

admission, and the court determines the alleged genetic

parent to be a parent of the child;

(3) declines to submit to genetic testing ordered by the

court or a child-support agency, in which case the court may

adjudicate the alleged genetic parent to be a parent of the

child even if the alleged genetic parent denies a genetic

relationship with the child;

(4) is in default after service of process and the court

determines the alleged genetic parent to be a parent of the

child; or

(5) is neither identified nor excluded as a genetic

parent by genetic testing and, based on other evidence, the

court determines the alleged genetic parent to be a parent of

the child.

provided in section 9614 and subject to other limitations in

this chapter, if in a proceeding involving an alleged genetic

parent at least one other individual in addition to the

individual who gave birth to the child has a claim to parentage

of the child, the court shall adjudicate parentage under section

9613 (relating to adjudicating competing claims of parentage).

§ 9608. Adjudicating parentage of child with presumed parent.

(a) Time period for commencing.--A proceeding to determine

whether a presumed parent is a parent of a child may be

commenced:

(1) before the child becomes an adult; or

(2) after the child becomes an adult, but only if the

child initiates the proceeding.

(b) Effect of presumption of parentage.--A presumption of

parentage under section 9204 (relating to presumption of

parentage) cannot be overcome after the child attains two years

of age unless the court determines:

(1) that the presumed parent is not a genetic parent,

never resided with the child and never held out the child as

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the presumed parent's child; or

(2) the child has more than one presumed parent.

9614 (relating to precluding establishment of parentage by

perpetrator of sexual assault), the following rules apply in a

proceeding to adjudicate a presumed parent's parentage of a

child if the individual who gave birth to the child is the only

other individual with a claim to parentage of the child:

(1) If no party to the proceeding challenges the

presumed parent's parentage of the child, the court shall

adjudicate the presumed parent to be a parent of the child.

(2) If the presumed parent is identified under section

9506 (relating to genetic testing results; challenge to

results) as a genetic parent of the child and that

identification is not successfully challenged under section

9506, the court shall adjudicate the presumed parent to be a

parent of the child.

(3) If the presumed parent is not identified under

section 9506 as a genetic parent of the child and the

presumed parent or the individual who gave birth to the child

challenges the presumed parent's parentage of the child, the

court shall adjudicate the parentage of the child in the best

interest of the child based on the factors under section

9613(a) and (b) (relating to adjudicating competing claims of

parentage).

(d) Multiple individuals with claims.--Except as otherwise

provided in section 9614 and subject to other limitations in

this chapter, if in a proceeding to adjudicate a presumed

parent's parentage of a child another individual in addition to

the individual who gave birth to the child asserts a claim to

parentage of the child, the court shall adjudicate parentage

under section 9613.

§ 9609. Adjudicating claim of de facto parentage of child.

(a) Individuals entitled to commence proceeding.--A

proceeding to establish parentage of a child under this section

may be commenced only by an individual who:

(1) is alive when the proceeding is commenced; and

(2) claims to be a de facto parent of the child.

(b) Time period for commencing.--An individual who claims to

be a de facto parent of a child must commence a proceeding to

establish parentage of a child under this section:

(1) before the child attains 18 years of age; and

(2) while the child is alive.

individual who claims to be a de facto parent of a child to

maintain a proceeding under this section:

(1) The individual must file an initial verified

pleading alleging specific facts that support the claim to

parentage of the child asserted under this section. The

verified pleading must be served on all parents and legal

guardians of the child and any other party to the proceeding.

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(2) An adverse party, parent or legal guardian may file

a pleading in response to the pleading filed under paragraph

(1). A responsive pleading must be verified and must be

served on parties to the proceeding.

(3) Unless the court finds a hearing is necessary to

determine disputed facts material to the issue of standing,

the court shall determine, based on the pleadings under

paragraphs (1) and (2), whether the individual has alleged

facts sufficient to satisfy by a preponderance of the

evidence the requirements of subsection (d). If the court

holds a hearing under this subsection, the hearing must be

held on an expedited basis.

(d) Individual with sole claim.--In a proceeding to

adjudicate parentage of an individual who claims to be a de

facto parent of the child, if there is only one other individual

who is a parent or has a claim to parentage of the child, the

court shall adjudicate the individual who claims to be a de

facto parent to be a parent of the child if the individual

demonstrates by clear and convincing evidence that:

(1) the individual resided with the child as a regular

member of the child's household for a significant period;

(2) the individual engaged in consistent caretaking of

the child;

(3) the individual undertook full and permanent

responsibilities of a parent of the child without expectation

of financial compensation other than public assistance;

(4) the individual held out the child as the

individual's child;

(5) the individual established a bonded and dependent

relationship with the child which is parental in nature;

(6) another parent of the child fostered or supported

the bonded and dependent relationship required under

paragraph (5); and

(7) continuing the relationship between the individual

and the child is in the best interest of the child.

(e) Multiple individuals with claims.--Subject to other

limitations in this chapter, if in a proceeding to adjudicate

parentage of an individual who claims to be a de facto parent of

the child there is more than one other individual who is a

parent or has a claim to parentage of the child and the court

determines that the requirements of subsection (d) are

satisfied, the court shall adjudicate parentage under section

9613 (relating to adjudicating competing claims of parentage).

(f) In loco parentis status.--Failure to seek to establish

parentage under this section does not affect an individual's

ability to seek in loco parentis status under law of this

Commonwealth other than this part.

§ 9610. Adjudicating parentage of child with acknowledged

parent.

(a) General rule.--If a child has an acknowledged parent, a

proceeding to challenge the acknowledgment of parentage or a

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denial of parentage brought by a signatory to the acknowledgment

or denial is governed by sections 9309 (relating to challenge

after expiration of period for rescission) and 9310 (relating to

procedure for challenge by signatory).

(b) Procedure.--If a child has an acknowledged parent, the

following rules apply in a proceeding to challenge the

acknowledgment of parentage or a denial of parentage brought by

an individual, other than the child, who has standing under

section 9602 (relating to standing to maintain proceeding) and

was not a signatory to the acknowledgment or denial:

(1) The individual must commence the proceeding not

later than two years after the effective date of the

acknowledgment.

(2) The court may permit the proceeding only if the

court finds that permitting the proceeding is in the best

interest of the child.

(3) If the court permits the proceeding, the court shall

adjudicate parentage under section 9613 (relating to

adjudicating competing claims of parentage).

§ 9611. Adjudicating parentage of child with adjudicated

parent.

(a) General rule.--If a child has an adjudicated parent, a

proceeding to challenge the adjudication, brought by an

individual who was a party to the adjudication or received

notice under section 9603 (relating to notice of proceeding), is

governed by the rules governing a collateral attack on a

judgment.

(b) Procedure.--If a child has an adjudicated parent, the

following rules apply to a proceeding to challenge the

adjudication of parentage brought by an individual other than

the child who has standing under section 9602 (relating to

standing to maintain proceeding) and was not a party to the

adjudication and did not receive notice under section 9603:

(1) The individual must commence the proceeding not

later than two years after the effective date of the

adjudication.

(2) The court may permit the proceeding only if the

court finds that permitting the proceeding is in the best

interest of the child.

(3) If the court permits the proceeding, the court shall

adjudicate parentage under section 9613 (relating to

adjudicating competing claims of parentage).

§ 9612. Adjudicating parentage of child of assisted

reproduction.

(a) General rule.--An individual who is a parent under

Chapter 97 (relating to assisted reproduction) or the individual

who gave birth to the child may bring a proceeding to adjudicate

parentage. If the court determines that the individual is a

parent under Chapter 97, the court shall adjudicate the

individual to be a parent of the child.

(b) Multiple individuals with claims.--In a proceeding to

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adjudicate an individual's parentage of a child, if another

individual other than the individual who gave birth to the child

is a parent under Chapter 97, the court shall adjudicate the

individual's parentage of the child under section 9613 (relating

to adjudicating competing claims of parentage).

§ 9613. Adjudicating competing claims of parentage.

(a) General rule.--Except as otherwise provided in section

9614 (relating to precluding establishment of parentage by

perpetrator of sexual assault), in a proceeding to adjudicate

competing claims of, or challenges under sections 9608(c)

(relating to adjudicating parentage of child with presumed

parent), 9610 (relating to adjudicating parentage of child with

acknowledged parent) or 9611 (relating to adjudicating parentage

of child with adjudicated parent) to parentage of a child by two

or more individuals, the court shall adjudicate parentage in the

best interest of the child, based on:

(1) the age of the child;

(2) the length of time during which each individual

assumed the role of parent of the child;

(3) the nature of the relationship between the child and

each individual;

(4) the harm to the child if the relationship between

the child and each individual is not recognized;

(5) the basis for each individual's claim to parentage

of the child; and

(6) other equitable factors arising from the disruption

of the relationship between the child and each individual or

the likelihood of other harm to the child.

(b) Factors to be considered.--If an individual challenges

parentage based on the results of genetic testing, in addition

to the factors listed in subsection (a), the court shall

consider:

(1) the facts surrounding the discovery that the

individual might not be a genetic parent of the child; and

(2) the length of time between the time that the

individual was placed on notice that the individual might not

be a genetic parent and the commencement of the proceeding.

adjudicate a child to have more than two parents under this part

if the court finds that it is in the best interest of the child.

A finding of best interest of the child does not require a

finding of unfitness of any parent or individual seeking an

adjudication of parentage.

§ 9614. Precluding establishment of parentage by perpetrator of

sexual assault.

(a) (Reserved).

(b) Sexual assault.--Except as provided in subsection (c),

in a proceeding in which an individual alleges that the

individual's pregnancy or the birth resulting from that

pregnancy is the result of a sexual assault, the individual may

seek to preclude the alleged perpetrator of the sexual assault

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from establishing parentage of the child.

(1) the alleged perpetrator under subsection (b) has

previously been adjudicated to be a parent of the child; or

(2) after the birth of the child, the alleged

perpetrator under subsection (b) established a bonded and

dependent relationship with the child which is parental in

nature.

(d) Limitation.--Unless section 9309 (relating to challenge

after expiration of period for rescission) or 9607 (relating to

adjudicating parentage of child with alleged genetic parent)

applies, a petition making an allegation under subsection (b)

must be filed not later than two years after the birth of the

child. The petition must be filed only in a proceeding to

establish parentage under this part.

(e) Evidentiary standard.--An allegation under subsection

(b) may be proved by:

(1) evidence that the alleged perpetrator under

subsection (b) was convicted of a sexual assault, or a

comparable crime in another jurisdiction, against the

individual who gave birth to the child and the child was born

not later than 300 days after the sexual assault; or

(2) clear and convincing evidence that the alleged

perpetrator under subsection (b) committed sexual assault, or

a comparable crime in another jurisdiction, against the

individual who gave birth to the child and the child was born

not later than 300 days after the sexual assault.

(f) Duty of court.-- If the court determines that an

allegation has been proven under subsection (e), the court

shall:

(1) adjudicate that the alleged perpetrator under

subsection (b) is not a parent of the child;

(2) require the department to amend the birth

certificate if requested by the individual who gave birth to

the child and the court determines that the amendment is in

the best interest of the child; and

(3) require the perpetrator under subsection (b) to pay

child support, birth-related costs or both, unless the

individual who gave birth to the child requests otherwise and

the court determines that granting the request is in the best

interest of the child.

(g) Definition.--As used in this section, the term "sexual

assault" means the offense under 18 Pa.C.S. § 3124.1 (relating

to sexual assault).

SUBCHAPTER C

HEARING AND ADJUDICATION

Sec.

9615. Temporary order.

9616. Combining proceedings.

9617. Proceeding before birth.

9618. Child as party; representation.

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9619. Court to adjudicate parentage.

9620. Hearing; inspection of records.

9621. Dismissal for want of prosecution.

9622. Order adjudicating parentage.

9623. Binding effect of determination of parentage.

§ 9615. Temporary order.

(a) General rule.--In a proceeding under this chapter, the

court may issue a temporary order for child support if the order

is consistent with the law of this Commonwealth other than this

part and the individual ordered to pay support is:

(1) a presumed parent of the child;

(2) petitioning to be adjudicated a parent;

(3) identified as a genetic parent through genetic

testing under section 9506 (relating to genetic testing

results; challenge to results);

(4) an alleged genetic parent who has declined to submit

to genetic testing;

(5) shown by clear and convincing evidence to be a

parent of the child; or

(6) a parent under this part.

(b) Custody and visitation provisions.--A temporary order

may include a provision for custody and visitation under the law

of this Commonwealth other than this part.

§ 9616. Combining proceedings.

(a) General rule.--Except as otherwise provided in

subsection (b), the court may combine a proceeding to adjudicate

parentage under this part with a proceeding for adoption,

termination of parental rights, child custody or visitation,

child support, divorce, dissolution or annulment, administration

of an estate or another appropriate proceeding.

(b) Prohibition.--A respondent may not combine a proceeding

described in subsection (a) with a proceeding to adjudicate

parentage brought under Part VIII (relating to uniform

interstate family support).

§ 9617. Proceeding before birth.

Except as otherwise provided in Chapter 98 (relating to

surrogacy agreement), a proceeding to adjudicate parentage may

be commenced before the birth of the child and an order or

judgment may be entered before birth, but enforcement of the

order or judgment must be stayed until the birth of the child.

§ 9618. Child as party; representation.

(a) Minor child as party.--A minor child is a proper party

but not a necessary party to a proceeding under this chapter.

(b) Representation of child.--The court shall appoint an

attorney or guardian ad litem to represent a child in a

proceeding under this chapter if the court finds that the

interests of the child are not adequately represented.

§ 9619. Court to adjudicate parentage.

The court shall adjudicate parentage of a child without a

jury.

§ 9620. Hearing; inspection of records.

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(a) Closure of proceeding.--On request of a party and for

good cause, the court may close a proceeding under this chapter

to the public.

(b) Final order and other documents.--A final order in a

proceeding under this chapter is available for public

inspection. Other papers and records are available for public

inspection only with the consent of the parties or by court

order.

§ 9621. Dismissal for want of prosecution.

The court may dismiss a proceeding under this part for want

of prosecution only without prejudice. An order of dismissal for

want of prosecution purportedly with prejudice is void and has

only the effect of a dismissal without prejudice.

§ 9622. Order adjudicating parentage.

(a) Identification of child.--An order adjudicating

parentage must identify the child in a manner provided by the

law of this Commonwealth other than this part.

(b) Fees, costs and expenses.--Except as otherwise provided

in subsection (c), the court may assess filing fees, reasonable

attorney fees, fees for genetic testing, other costs and

necessary travel and other reasonable expenses incurred in a

proceeding under this chapter. Attorney fees awarded under this

subsection may be paid directly to the attorney and the attorney

may enforce the order in the attorney's own name.

costs or expenses in a proceeding under this chapter against a

child-support agency of this Commonwealth or another state,

except as provided by the law of this Commonwealth other than

this part.

(d) Admissibility of genetic testing and health care

bills.--In a proceeding under this chapter, a copy of a bill for

genetic testing or prenatal or postnatal health care for the

individual who gave birth to the child and the child provided to

the adverse party not later than 10 days before a hearing is

admissible to establish:

(1) the amount of the charge billed; and

(2) that the charge is reasonable and necessary.

(e) Child name changes.--On request of a party and for good

cause, the court in a proceeding under this chapter may order

the name of the child changed. If the court order changing the

name varies from the name on the birth certificate of the child,

the court shall order the department to issue an amended birth

certificate.

§ 9623. Binding effect of determination of parentage.

(a) General rule.--Except as otherwise provided in

subsection (b):

(1) a signatory to an acknowledgment of parentage or

denial of parentage is bound by the acknowledgment and denial

as provided in Chapter 93 (relating to voluntary

acknowledgment of parentage); and

(2) a party to an adjudication of parentage by a court

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acting under circumstances that satisfy the jurisdiction

requirements of section 7201 (relating to bases for

jurisdiction over nonresident) and any individual who

received notice of the proceeding are bound by the

adjudication.

(b) Children.--A child is not bound by a determination of

parentage under this part unless:

(1) the determination of parentage was based on an

unrescinded acknowledgment of parentage and the

acknowledgment is consistent with the results of genetic

testing;

(2) the determination of parentage was based on a

finding consistent with the results of genetic testing and

the consistency is declared in the determination or otherwise

shown;

(3) the determination of parentage was made under

Chapters 97 (relating to assisted reproduction) or 98

(relating to surrogacy agreement); or

(4) the child was a party or was represented by an

attorney or guardian ad litem in the proceeding.

dissolution or annulment, the court is deemed to have made an

adjudication of parentage of a child if the court acts under

circumstances that satisfy the jurisdiction requirements of

section 7201 and the final order:

(1) expressly identifies the child as a "child of the

marriage" or "issue of the marriage" or includes similar

words indicating that both spouses are parents of the child;

(2) provides for support of the child by a spouse unless

that spouse's parentage of the child is disclaimed

specifically in the order.

(d) Defense available to nonparties.--Except as otherwise

provided in subsection (b) or section 9611 (relating to

adjudicating parentage of child with adjudicated parent), a

determination of parentage may be asserted as a defense in a

subsequent proceeding seeking to adjudicate parentage status of

an individual who was not a party to the earlier proceeding.

(e) Challenges to adjudication by parties.--A party to an

adjudication of parentage may challenge the adjudication only

under the law of this Commonwealth other than this part relating

to appeal, vacation of judgment or other judicial review.

CHAPTER 97

ASSISTED REPRODUCTION

Sec.

9701. Scope of chapter.

9702. Parental status of donor.

9703. Parentage of child of assisted reproduction.

9704. Consent to assisted reproduction.

9705. Limitation on spouse's dispute of parentage.

9706. Effect of certain legal proceedings regarding marriage.

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9707. Withdrawal of consent.

9708. Parental status of deceased individual.

§ 9701. Scope of chapter.

This chapter does not apply to the birth of a child conceived

by sexual intercourse or assisted reproduction under a surrogacy

agreement under Chapter 98 (relating to surrogacy agreement).

§ 9702. Parental status of donor.

A donor is not a parent of a child conceived by assisted

reproduction.

§ 9703. Parentage of child of assisted reproduction.

An individual who consents under section 9704 (relating to

consent to assisted reproduction) to assisted reproduction with

another individual who agrees to give birth to a child conceived

by the assisted reproduction with the intent to be a parent of

the child is a parent of the child.

§ 9704. Consent to assisted reproduction.

(a) Proof.--

(1) Except as provided in subsection (b), consent under

section 9703 (relating to parentage of child of assisted

reproduction) must be established:

(i) in a record signed before, on or after the birth

of the child by the individual giving birth to the child

and by another individual who intends to be a parent of

the child ; or

(ii) by both individuals agreeing, before conception

or birth of the child, that they would be parents of the

child.

(2) (Reserved).

(b) Exception.--In the absence of evidence under subsection

(a), consent may be established if the court finds that the

individual who did not give birth to the child resided with the

child after birth and assumed the role of a parent of the child.

§ 9705. Limitation on spouse's dispute of parentage.

(a) General rule.--Except as otherwise provided in

subsection (b), if an individual who gives birth to a child by

assisted reproduction has a spouse at the time of a child's

birth, the spouse may not challenge the spouse's parentage of

the child unless:

(1) not later than two years after the birth of the

child, the spouse commences a proceeding to adjudicate the

spouse's parentage of the child; and

(2) the court finds the spouse did not consent to the

assisted reproduction before, on or after birth of the child

or withdrew consent under section 9707 (relating to

withdrawal of consent).

(b) Time period to commence proceeding.--A proceeding to

adjudicate a spouse's parentage of a child born by assisted

reproduction may be commenced at any time if the court

determines:

(1) the spouse neither provided a gamete for, nor

consented to, the assisted reproduction;

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(2) the spouse and the individual who gave birth to the

child have not cohabited since the probable time of assisted

reproduction; and

(3) the spouse never openly held out the child as the

spouse's child.

dispute of parentage even if the spouse's marriage is declared

invalid after assisted reproduction occurs.

§ 9706. Effect of certain legal proceedings regarding marriage.

(a) Former spouse.--If a marriage of an individual who gives

birth to a child conceived by assisted reproduction is

terminated through divorce or dissolution, or annulled before

transfer of gametes or embryos to the individual , a former

spouse of the individual is not a parent of the child unless the

former spouse consented in a record that the former spouse would

be a parent of the child if assisted reproduction were to occur

after a divorce, dissolution or annulment and the former spouse

did not withdraw consent under section 9707 (relating to

withdrawal of consent).

(b) After commencement of proceeding.--

(1) Except as provided in paragraph (2), a current

spouse of an individual who gives birth to a child conceived

by assisted reproduction is not a parent of the child if,

prior to the transfer of gametes, there is an active petition

commencing an action for divorce, dissolution or annulment.

(2) Paragraph (1) does not apply if, during the pendency

of an action under paragraph (1), both parties consent in a

record to be parents of the child.

(3) A married individual proceeding with assisted

reproduction under this subsection may not use gametes of the

individual's spouse unless both parties, during the pendency

of the action under paragraph (1), consent in a record to the

use of the spouse's gametes for assisted reproduction by the

married individual.

§ 9707. Withdrawal of consent.

(a) General rule.--An individual who consents under section

9704 (relating to consent to assisted reproduction) to assisted

reproduction may withdraw consent any time before a transfer

that results in a pregnancy by giving notice in a record of the

withdrawal of consent to the individual who agreed to give birth

to a child conceived by assisted reproduction and to any clinic

or health care provider facilitating the assisted reproduction.

Failure to give notice to the clinic or health care provider

does not affect a determination of parentage under this part.

(b) Effect of withdrawal.--An individual who withdraws

consent under subsection (a) is not a parent of the child under

this chapter.

§ 9708. Parental status of deceased individual.

(a) Death after gamete or embryo transfer.--If an individual

who intends to be a parent of a child conceived by assisted

reproduction dies during the period between the transfer of a

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gamete or embryo and the birth of the child, the individual's

death does not preclude the establishment of the individual's

parentage of the child if the individual otherwise would be a

parent of the child under this part.

(b) Death before gamete or embryo transfer.--If an

individual who consented in a record to assisted reproduction by

an individual who agreed to give birth to a child dies before a

transfer of gametes or embryos, the deceased individual is not a

parent of a child conceived by the assisted reproduction unless

all of the following paragraphs apply :

(1) one of the following applies :

(i) The individual consented in a record that if

assisted reproduction were to occur after the death of

the individual, the individual would be a parent of the

child .

(ii) The individual's intent to be a parent of a

child conceived by assisted reproduction after the

individual's death is established by clear and convincing

evidence .

(2) both of the following apply :

(i) the transfer of the gamete or embryo occurs not

later than 36 months after the individual's death or the

birth of the child occurs not later than 45 months after

the individual's death ; and

(ii) the estate of the deceased individual is

notified not later than six months after the individual's

death that the transfer may occur.

CHAPTER 98

SURROGACY AGREEMENT

Subchapter

A. General Requirements

B. Special Rules for Gestational Surrogacy Agreement

C. Special Rules for Genetic Surrogacy Agreement

SUBCHAPTER A

GENERAL REQUIREMENTS

Sec.

9801. Definitions.

9802. Eligibility to enter into surrogacy agreement.

9803. Requirements of surrogacy agreement: process.

9804. Requirements of surrogacy agreements: content.

9805. Surrogacy agreement: effect of subsequent change of

marital status.

9806. Inspection of documents and records.

9807. Exclusive, continuing jurisdiction.

§ 9801. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Genetic surrogate." An individual who is not an intended

parent and who agrees to become pregnant through assisted

reproduction using the individual's own gamete, under a genetic

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surrogacy agreement as provided in this chapter.

"Gestational surrogate." An individual who is not an

intended parent and who agrees to become pregnant through

assisted reproduction using gametes that are not her own, under

a gestational surrogacy agreement as provided in this chapter.

"Surrogacy agreement." An agreement between one or more

intended parents and an individual who is not an intended parent

and the individual's spouse, in which the individual agrees to

become pregnant through assisted reproduction and which provides

that each intended parent is a parent of a child conceived under

the agreement. Unless otherwise specified, the term refers to

both a gestational surrogacy agreement and a genetic surrogacy

agreement.

"Surrogate." A genetic surrogate or a gestational surrogate.

§ 9802. Eligibility to enter into surrogacy agreement.

(a) Requirements for surrogates.--To execute a surrogacy

agreement, an individual who desires to be a surrogate must:

(1) have attained 21 years of age;

(2) previously have given birth to at least one child;

(3) complete a medical evaluation related to the

surrogacy arrangement by a licensed medical doctor;

(4) complete a mental health consultation by a licensed

mental health professional; and

(5) have independent legal representation by an

attorney, licensed to practice law in this Commonwealth, of

the individual's choice throughout the negotiation process

and the execution and duration of the surrogacy agreement

regarding the terms of the surrogacy agreement and the

potential legal consequences of the agreement.

(b) Requirements for intended parents.--To execute a

surrogacy agreement, each intended parent, whether or not

genetically related to the child, must:

(1) have attained 21 years of age;

(2) complete a mental health consultation by a licensed

mental health professional; and

(3) have independent legal representation by an

attorney, licensed to practice law in this Commonwealth, of

the intended parent's choice, throughout the negotiation,

execution and duration of the surrogacy agreement, regarding

the terms of the surrogacy agreement and the potential legal

consequences of the agreement.

§ 9803. Requirements of surrogacy agreement: process.

A surrogacy agreement must be executed in compliance with the

following rules:

(1) At least one party must be a resident of this

Commonwealth or, if no party is a resident of this

Commonwealth:

(i) the birth will, or is anticipated to, occur in

this Commonwealth; or

(ii) the assisted reproduction to be performed under

the surrogacy agreement will, or is anticipated to, occur

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in this Commonwealth.

(2) A surrogate and each intended parent must meet the

requirements of section 9802 (relating to eligibility to

enter into surrogacy agreement).

(3) Each intended parent and the surrogate must be

parties to the surrogacy agreement. If the surrogate is

married, the surrogate's spouse must be a party to the

surrogacy agreement unless there is an active petition for

divorce, dissolution or annulment.

(4) The surrogacy agreement must be in a record signed

by each party listed in paragraph (3).

(5) The surrogate and each intended parent must

acknowledge in a record receipt of a copy of the surrogacy

agreement.

(6) The signature of each party to the surrogacy

agreement must be attested by a notarial officer or

witnessed.

(7) The surrogate and the intended parent or parents

must have independent legal representation under section

9802(a)(5) and (b)(3) , and each counsel must be identified in

the surrogacy agreement.

(8) The following apply to legal representation for the

surrogate:

(i) The intended parent or parents must pay for the

representation.

(ii) The surrogate must give informed consent to the

representation.

(iii) There may not be interference with the

independence of professional judgment or attorney-client

relationship.

(iv) The representation must be in compliance with

the Rules of Professional Conduct.

(9) The surrogacy agreement must be executed before a

medical procedure occurs related to the surrogacy agreement,

other than the medical evaluation and mental health

consultation required by section 9802.

§ 9804. Requirements of surrogacy agreements: content.

(a) General rule.--A surrogacy agreement must comply with

the following requirements:

(1) A surrogate agrees to attempt to become pregnant by

means of assisted reproduction.

(2) Except as otherwise provided in sections 9822

(relating to termination of genetic surrogacy agreement) and

9823(c) (relating to parentage under validated genetic

surrogacy agreement), the surrogate and the surrogate's

spouse or former spouse, if any, agree that they have no

claim to parentage of a child conceived by assisted

reproduction under the surrogacy agreement.

(3) If the surrogate's spouse is a party to the

surrogate agreement, the spouse must acknowledge and agree to

comply with the obligations imposed on the surrogate by the

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surrogacy agreement.

(4) Except as otherwise provided in sections 9822 and

9823(c) , the intended parent or, if there are two intended

parents, each one jointly and severally, immediately on birth

will be the exclusive parent or parents of the child,

regardless of number of children born or gender or mental or

physical condition of each child.

(5) Except as otherwise provided in sections 9822 and

9823(c) , the intended parent or, if there are two intended

parents, each parent jointly and severally, immediately on

birth will assume responsibility for the financial support of

the child, regardless of number of children born or gender or

mental or physical condition of each child.

(6) The intended parent or parents must agree that they

are liable for the surrogacy-related medical expenses of the

surrogate, including expenses for health care provided for

assisted reproduction, prenatal care, labor and delivery, and

for the medical expenses of the resulting child not paid for

by insurance. This paragraph shall not be construed to

supplant health insurance coverage that is otherwise

available to the surrogate or an intended parent. This

paragraph shall not be deemed to change the health insurance

coverage of the surrogate or the responsibility of an

insurance company to pay benefits under a policy that covers

the surrogate. The surrogacy agreement under this paragraph

must include information disclosing how each intended parent

will cover the surrogacy-related medical expenses of the

surrogate and the medical expenses of the child.

(7) The surrogacy agreement may not infringe on the

rights of the surrogate to make all health and welfare

decisions regarding the surrogate, the surrogate's body and

the surrogate's pregnancy throughout the duration of the

surrogacy agreement, including during attempts to become

pregnant, delivery and after delivery. The surrogacy

agreement may not infringe upon the right of the surrogate to

autonomy in medical decision-making, including by requiring

the surrogate to undergo a scheduled, non-medically indicated

cesarean section or to undergo multiple embryo transfers. The

General Assembly finds and declares that an agreement

purporting to waive or limit the rights described in this

paragraph is void as against public policy.

(8) The surrogacy agreement must include information

about each party's right under this chapter to terminate the

surrogacy agreement.

(b) Additional provisions.--A surrogacy agreement may

provide for:

(1) payment of consideration and reasonable expenses not

required under subsection (a)(6); and

(2) reimbursement of specific expenses if the surrogacy

agreement is terminated under this chapter.

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surrogacy agreement is not assignable, and there is no third-

party beneficiary of the surrogacy agreement other than the

child.

§ 9805. Surrogacy agreement: effect of subsequent change of

marital status.

(a) Surrogates.--Unless a surrogacy agreement expressly

provides otherwise:

(1) the marriage of a surrogate after the surrogacy

agreement is signed by all parties does not affect the

validity of the surrogacy agreement, consent to the surrogacy

agreement by the surrogate's spouse is not required and the

spouse is not a presumed parent of a child conceived by

assisted reproduction under the surrogacy agreement ; and

(2) the divorce, dissolution or annulment of the

surrogate after the surrogacy agreement is signed by all

parties does not affect the validity of the surrogacy

agreement.

(b) Intended parents.--Unless a surrogacy agreement

expressly provides otherwise:

(1) the marriage of an intended parent after the

surrogacy agreement is signed by all parties does not affect

the validity of a surrogacy agreement, the consent of the

spouse of the intended parent is not required and the spouse

of the intended parent is not, based on the surrogacy

agreement, a parent of a child conceived by assisted

reproduction under the surrogacy agreement; and

(2) the divorce, dissolution or annulment of an intended

parent after the surrogacy agreement is signed by all parties

does not affect the validity of the surrogacy agreement, and,

except as otherwise provided in section 9822 (relating to

termination of genetic surrogacy agreement), the intended

parents are the parents of the child.

§ 9806. Inspection of documents and records.

Unless the court orders otherwise, a petition and any other

document and record related to a surrogacy agreement filed with

the court under this subchapter are not open to inspection by

any individual other than the parties to the proceeding, a child

conceived by assisted reproduction under the surrogacy

agreement, their attorneys and the department . A court may not

authorize any other individual to inspect a document or record

related to the surrogacy agreement unless required by exigent

circumstances. The individual seeking to inspect the document

may be required to pay the expense of preparing a copy of the

document to be inspected.

§ 9807. Exclusive, continuing jurisdiction.

During the period after the execution of a surrogacy

agreement until 180 days after the birth of a child conceived by

assisted reproduction under the surrogacy agreement, a court

conducting a proceeding under this part has exclusive,

continuing jurisdiction over all matters arising out of the

surrogacy agreement. This section does not give the court

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jurisdiction over a child custody proceeding or child support

proceeding if jurisdiction is not otherwise authorized by the

law of this Commonwealth other than this part.

SUBCHAPTER B

SPECIAL RULES FOR GESTATIONAL SURROGACY AGREEMENT

Sec.

9811 . Termination of gestational surrogacy agreement.

9812 . Parentage under gestational surrogacy agreement.

9813 . Gestational surrogacy agreement: parentage status of

deceased intended parent.

9814 . Gestational surrogacy agreement: order of parentage.

9815 . Effect of gestational surrogacy agreement.

§ 9811 . Termination of gestational surrogacy agreement.

(a) General rule.--A party to a gestational surrogacy

agreement may terminate the surrogacy agreement at any time

before an embryo transfer by giving notice of termination in a

record to all other parties. If an embryo transfer does not

result in a pregnancy, a party may terminate the surrogacy

agreement at any time before a subsequent embryo transfer.

(b) Limited release.--Unless a gestational surrogacy

agreement provides otherwise, on termination of the surrogacy

agreement under subsection (a), the parties are released from

the surrogacy agreement, except that each intended parent

remains responsible for expenses that are reimbursable under the

surrogacy agreement and incurred by the gestational surrogate

through the date of termination.

a case involving fraud, neither a gestational surrogate nor the

gestational surrogate's spouse or former spouse, if any, is

liable to the intended parent or parents for a penalty or

liquidated damages for terminating a gestational surrogacy

agreement under this section.

§ 9812 . Parentage under gestational surrogacy agreement.

(a) Intended parents.--Except as otherwise provided in

subsection (c) or section 9813(b) (relating to gestational

surrogacy agreement: parentage of deceased intended parent) or

9815 (relating to effect of gestational surrogacy agreement), on

the birth of a child conceived by assisted reproduction under a

gestational surrogacy agreement, each intended parent is, by

operation of law, a parent of the child.

(b) Surrogates.--Except as otherwise provided in subsection

gestational surrogate's spouse or former spouse, if any, is a

parent of the child.

be a genetic child of a gestational surrogate, the court shall

order genetic testing of the child. If the child is a genetic

child of a gestational surrogate, parentage must be determined

based on Chapters 91 (relating to general provisions), 92

(relating to parent-child relationship), 93 (relating to

voluntary acknowledgment of parentage), 95 (relating to genetic

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testing) and 96 (relating to proceeding to adjudicate

parentage).

(d) Clinical and laboratory errors.--Except as otherwise

provided in subsection (c) or section 9813(b) or 9815 , if, due

to a clinical or laboratory error, a child conceived by assisted

reproduction under a gestational surrogacy agreement is not

genetically related to an intended parent or a donor who donated

to the intended parent or parents, each intended parent, and not

the gestational surrogate and the gestational surrogate's spouse

or former spouse, if any, is a parent of the child, subject to

any other claim of parentage.

§ 9813 . Gestational surrogacy agreement: parentage status of

deceased intended parent.

(a) Death after gamete or embryo transfer.--Section 9812

(relating to parentage under gestational surrogacy agreement)

applies to an intended parent even if the intended parent dies

during the period between the transfer of a gamete or embryo and

the birth of the child.

(b) Death before gamete or embryo transfer.--Except as

otherwise provided in section 9815 (relating to effect of

gestational surrogacy agreement), an intended parent is not a

parent of a child conceived by assisted reproduction under a

gestational surrogacy agreement if the intended parent dies

before the transfer of a gamete or embryo unless:

(1) the surrogacy agreement provides otherwise;

(2) the transfer of a gamete or embryo occurs not later

than 36 months after the death of the intended parent or

birth of the child occurs not later than 45 months after the

death of the intended parent ; and

(3) the estate of the deceased intended parent is

notified not later than six months after the death of the

intended parent that the transfer may occur.

§ 9814 . Gestational surrogacy agreement: order of parentage.

(a) Permissible relief.--Except as otherwise provided in

sections 9812(c) (relating to parentage under gestational

surrogacy agreement) or 9815 (relating to effect of gestational

surrogacy agreement), before, on or after the birth of a child

conceived by assisted reproduction under a gestational surrogacy

agreement, a party to the surrogacy agreement may commence a

proceeding in court for an order or judgment under subsection

(b). The requested order or judgment may be issued before or

after the birth of the child as requested by the parties. The

surrogate and all intended parents are necessary parties to the

proceeding. The petition must be accompanied by all of the

following:

(1) A certification from the attorney representing the

intended parent or parents and from the attorney representing

the surrogate that the surrogacy agreement complies with this

chapter.

(2) A statement from each party to the agreement that

the party knowingly and voluntarily entered into the

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agreement and is requesting the order or judgment. A

statement under this paragraph from the surrogate's spouse is

not required if there is an active petition for divorce,

dissolution or annulment.

(b) Issuance of order or judgment.--On receipt of a petition

under subsection (a) and accompanying certifications and

statements, the court shall issue an order or judgment:

(1) declaring that each intended parent is a parent of

the child and ordering that parental rights and duties vest

immediately on the birth of the child exclusively in each

intended parent;

(2) declaring that the gestational surrogate and the

gestational surrogate's spouse or former spouse, if any, are

not the parents of the child;

(3) designating the content of the birth record in

accordance with law and directing the department to designate

each intended parent as a parent of the child;

(4) to protect the privacy of the child and the parties,

declaring that the court record is not open to inspection,

except as authorized under section 9806 (relating to

inspection of documents and records);

(5) declaring that the intended parent or parents shall

have exclusive custody and control of the child; and

(6) for other relief the court determines necessary and

proper.

order or judgment under subsection (b) before the birth of the

child. The court shall stay enforcement of the order or judgment

until the birth of the child.

(d) Limitation on necessary parties.--Neither the

Commonwealth, the department nor the hospital, birthing center

or other facility where the child is or is expected to be born

is a necessary party to a proceeding under subsection (b).

§ 9815 . Effect of gestational surrogacy agreement.

(a) General rule.--A gestational surrogacy agreement that

complies with sections 9802 (relating to eligibility to enter

into surrogacy agreement), 9803 (relating to requirements of

surrogacy agreement: process) and 9804 (relating to requirements

of surrogacy agreement: content) is enforceable.

(b) Noncomplying gestational surrogacy agreements.--If a

child was conceived by assisted reproduction under a gestational

surrogacy agreement that does not substantially comply with

sections 9802, 9803 and 9804, the court shall determine the

rights and duties of the parties to the surrogacy agreement

consistent with the intent of the parties at the time of

execution of the surrogacy agreement. Each party to the

surrogacy agreement and any individual who at the time of the

execution of the surrogacy agreement was a spouse of a party to

the surrogacy agreement has standing to maintain a proceeding to

adjudicate an issue related to the enforcement of the surrogacy

agreement.

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gestational surrogacy agreement or subsection (d) or (e), if the

surrogacy agreement is breached by the gestational surrogate or

one or more intended parents, the nonbreaching party is entitled

to the remedies available at law or in equity.

(d) When specific performance prohibited.--Specific

performance is not a remedy available for breach by a

gestational surrogate of a provision in the surrogacy agreement

that the gestational surrogate be impregnated, terminate or not

terminate a pregnancy or submit to medical procedures.

(e) When specific performance permitted.--Except as

otherwise provided in subsection (d), if an intended parent is

determined to be a parent of the child, specific performance is

a remedy available for:

(1) breach of the surrogacy agreement by a gestational

surrogate which prevents the intended parent from exercising

immediately on birth of the child the full rights of

parentage; or

(2) breach by the intended parent which prevents the

intended parent's acceptance, immediately on birth of the

child conceived by assisted reproduction under the surrogacy

agreement, of the duties of parentage.

SUBCHAPTER C

SPECIAL RULES FOR GENETIC SURROGACY AGREEMENT

Sec.

9821 . Requirements to validate genetic surrogacy agreement.

9822 . Termination of genetic surrogacy agreement.

9823 . Parentage under validated genetic surrogacy agreement.

9824 . Effect of nonvalidated genetic surrogacy agreement.

9825 . Genetic surrogacy agreement: parentage of deceased

intended parent.

9826 . Breach of genetic surrogacy agreement.

§ 9821 . Requirements to validate genetic surrogacy agreement.

(a) Prior court approval.--Except as otherwise provided in

section 9824 (relating to effect of nonvalidated genetic

surrogacy agreement), to be enforceable, a genetic surrogacy

agreement must be validated by the court. A proceeding to

validate the surrogacy agreement must be commenced before

assisted reproduction related to the surrogacy agreement.

(b) Conditions.--The court shall issue an order validating a

genetic surrogacy agreement if the court finds that:

(1) sections 9802 (relating to eligibility to enter into

surrogacy agreement), 9803 (relating to requirements of

surrogacy agreement: process) and 9804 (relating to

requirements of surrogacy agreement: content) are satisfied;

and

(2) all parties entered into the surrogacy agreement

voluntarily and understand its terms.

under section 9822 (relating to termination of genetic surrogacy

agreement) a genetic surrogacy agreement shall file notice of

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the termination with the court. On receipt of the notice, the

court shall vacate any order issued under subsection (b). An

individual who does not notify the court of the termination of

the surrogacy agreement is subject to sanctions.

§ 9822 . Termination of genetic surrogacy agreement.

(a) Time.--An intended parent or a genetic surrogate who is

a party to the surrogacy agreement may terminate the surrogacy

agreement at any time before a gamete or embryo transfer by

giving notice of termination in a record to all other parties.

If a gamete or embryo transfer does not result in a pregnancy, a

party may terminate the surrogacy agreement at any time before a

subsequent gamete or embryo transfer. The notice of termination

must be attested by a notarial officer or witnessed.

(b) Limited release.--On termination of a genetic surrogacy

agreement , the parties are released from all obligations under

the surrogacy agreement, except that each intended parent

remains responsible for all expenses incurred by the genetic

surrogate through the date of termination, which are

reimbursable under the surrogacy agreement.

a case involving fraud, neither a genetic surrogate nor the

genetic surrogate's spouse or former spouse, if any, is liable

to the intended parent or parents for a penalty or liquidated

damages for terminating a genetic surrogacy agreement under this

section.

§ 9823 . Parentage under validated genetic surrogacy agreement.

(a) Intended parents.-- Each intended parent is a parent of a

child conceived by assisted reproduction under a surrogacy

agreement validated under section 9821 (relating to requirements

to validate genetic surrogacy agreement).

(b) Court order.-- On proof of a court order issued under

section 9821 validating the surrogacy agreement, the court shall

issue an order:

(1) declaring that each intended parent is a parent of a

child conceived by assisted reproduction under the surrogacy

agreement and ordering that parental rights and duties vest

exclusively in each intended parent;

(2) declaring that the genetic surrogate and the genetic

surrogate's spouse or former spouse, if any, are not parents

of the child;

(3) designating the contents of the birth certificate in

accordance with the law of this Commonwealth other than this

part and directing the department to designate each intended

parent as a parent of the child;

(4) to protect the privacy of the child and the parties,

declaring that the court record is not open to inspection,

except as authorized under section 9806 (relating to

inspection of documents and records);

(5) that the intended parent or parents have exclusive

custody and control of the child ; and

(6) for other relief the court determines necessary and

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proper.

genetic surrogate is alleged not to have been conceived by

assisted reproduction, the court shall order genetic testing to

determine the genetic parentage of the child. If the child was

not conceived by assisted reproduction, parentage must be

determined under Chapters 91, 92, 93, 95 and 96. Unless the

genetic surrogacy agreement provides otherwise, if the child was

not conceived by assisted reproduction, the genetic surrogate is

not entitled to any nonexpense-related compensation paid for

serving as a genetic surrogate.

(d) Court order of intended parent.--Unless a genetic

surrogate exercises the right under section 9822 (relating to

termination of genetic surrogacy agreement) to terminate the

genetic surrogacy agreement, if an intended parent fails to file

notice required under section 9822(a) , the genetic surrogate or

the department may file with the court, not later than 60 days

after the birth of a child conceived by assisted reproduction

under the surrogacy agreement, notice that the child has been

born to the genetic surrogate. On proof of a court order issued

under section 9821 (relating to requirements to validate genetic

surrogacy agreement) validating the surrogacy agreement, the

court shall issue an order declaring that each intended parent

is a parent of the child.

§ 9824 . Effect of nonvalidated genetic surrogacy agreement.

(a) Enforceable.--A genetic surrogacy agreement, whether or

not in a record, that is not validated under section 9821

(relating to requirements to validate genetic surrogacy

agreement) is enforceable only to the extent provided in this

section and section 9826 (relating to breach of genetic

surrogacy agreement).

(b) Court validation with agreement of parties.--If all

parties agree, a court may validate a genetic surrogacy

agreement after assisted reproduction has occurred but before

the birth of a child conceived by assisted reproduction under

the surrogacy agreement if, upon examination of the parties, the

court finds that:

(1) Sections 9802 (relating to eligibility to enter into

surrogacy agreement), 9803 (relating to requirements of

surrogacy agreement: process) and 9804 (relating to

requirements of surrogacy agreement) have been satisfied; and

(2) all parties entered into the surrogacy agreement

voluntarily and understood its terms.

assisted reproduction under a genetic surrogacy agreement that

is not validated under section 9821 is born , the genetic

surrogate is not automatically a parent and the court shall

adjudicate parentage of the child based on the best interest of

the child, taking into account the factors in section 9613(a)

(relating to adjudicating competing claims of parentage) and the

intent of the parties at the time of the execution of the

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surrogacy agreement.

(d) Standing.--The parties to a genetic surrogacy agreement

have standing to maintain a proceeding to adjudicate parentage

under this section.

§ 9825 . Genetic surrogacy agreement: parentage of deceased

intended parent.

(a) Death after gamete or embryo transfer.--Except as

otherwise provided in section 9823 (relating to parentage under

validated genetic surrogacy agreement) or 9824 (relating to

effect of nonvalidated genetic surrogacy agreement), on birth of

a child conceived by assisted reproduction under a genetic

surrogacy agreement, each intended parent is, by operation of

law, a parent of the child, notwithstanding the death of an

intended parent during the period between the transfer of a

gamete or embryo and the birth of the child.

(b) Death before gamete or embryo transfer.--Except as

otherwise provided in section 9823 or 9824 , an intended parent

is not a parent of a child conceived by assisted reproduction

under a genetic surrogacy agreement if the intended parent dies

before the transfer of a gamete or embryo unless:

(1) the surrogacy agreement provides otherwise;

(2) the transfer of the gamete or embryo occurs not

later than 36 months after the death of the intended parent

or birth of the child occurs not later than 45 months after

the death of the intended parent ; and

(3) the estate of the deceased intended parent is

notified not later than six months after the death of the

intended parent that the transfer may occur.

§ 9826 . Breach of genetic surrogacy agreement.

(a) Remedies for breach.--Subject to section 9822(b)

(relating to termination of genetic surrogacy agreement), if a

genetic surrogacy agreement is breached by a genetic surrogate

or one or more intended parents, the nonbreaching party is

entitled to the remedies available at law or in equity.

(b) When specific performance prohibited.--Specific

performance is not a remedy available for breach by a genetic

surrogate of a requirement of a validated or nonvalidated

genetic surrogacy agreement that the genetic surrogate be

impregnated, terminate or not terminate a pregnancy or submit to

medical procedures.

otherwise provided in subsection (b), specific performance is a

remedy available for:

(1) breach of a validated genetic surrogacy agreement by

a genetic surrogate of a requirement which prevents an

intended parent from exercising the full rights of parentage

after the birth of the child; or

(2) breach by an intended parent which prevents the

intended parent's acceptance of duties of parentage after the

birth of the child.

CHAPTER 99

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INFORMATION ABOUT DONOR

Sec.

9901. Definitions.

9902. Applicability.

9903. Collection of information.

9904. Declaration regarding identity disclosure.

9905. Disclosure of identifying information and medical

history.

9906. Recordkeeping.

§ 9901. Definitions.

The following words and phrases when used in this chapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Identifying information." All of the following:

(1) the full name of a donor;

(2) the date of birth of the donor; and

(3) the permanent and, if different, current telephone

number, email address and address of the donor at the time of

the donation.

"Medical history." Information regarding any:

(1) present illness of a donor;

(2) past illness of the donor; and

(3) genetic and family history pertaining to the health

of the donor.

§ 9902. Applicability.

This chapter applies only to gametes collected on or after

the effective date of this section.

§ 9903. Collection of information.

A gamete bank or fertility clinic authorized by law to

operate in this Commonwealth shall:

(1) collect from a donor the donor's identifying

information and medical history at the time of the donation;

(2) collect from any other gamete bank or fertility

clinic from which it receives gametes of a donor the name,

address, telephone number and email address of the other

gamete bank or fertility clinic; and

(3) disclose the information collected under paragraphs

(1) and (2) in accordance with section 9905 (relating to

disclosure of identifying information and medical history).

§ 9904. Declaration regarding identity disclosure.

(a) Duties.--A gamete bank or fertility clinic authorized by

law to operate in this Commonwealth which collects gametes from

a donor shall:

(1) provide the donor with information in a record about

the donor's choice regarding identity disclosure; and

(2) obtain a declaration from the donor regarding

identity disclosure.

(b) Options for donors.--A gamete bank or fertility clinic

authorized by law to operate in this Commonwealth shall give a

donor the choice to sign a declaration, attested by a notarial

officer or witnessed, that either:

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(1) states that the donor agrees to disclose the donor's

identity to a child conceived by assisted reproduction with

the donor's gametes on request once the child attains 18

years of age; or

(2) states that the donor does not agree presently to

disclose the donor's identity to the child.

clinic authorized by law to operate in this Commonwealth shall

permit a donor who has signed a declaration under subsection (b)

(2) to withdraw the declaration at any time by signing a

declaration under subsection (b)(1).

§ 9905. Disclosure of identifying information and medical

history.

(a) Duty to provide identifying information.--On request of

a child conceived by assisted reproduction who attains 18 years

of age, a gamete bank or fertility clinic authorized by law to

operate in this Commonwealth which collected the gametes used in

the assisted reproduction shall make a good faith effort to

provide the child with identifying information of the donor who

provided the gametes, unless the donor signed and did not

withdraw a declaration under section 9904(b)(2) (relating to

declaration regarding identity disclosure). If the donor signed

and did not withdraw the declaration, the gamete bank or

fertility clinic shall make a good faith effort to notify the

donor, who may elect under section 9904(c) to withdraw the

donor's declaration.

(b) Duty to provide nonidentifying medical history of

donor.--Regardless of whether a donor signed a declaration under

section 9904(b)(2), on request by a child conceived by assisted

reproduction who attains 18 years of age, or, if the child is a

minor, by a parent or guardian of the child, a gamete bank or

fertility clinic authorized by law to operate in this

Commonwealth which collected the gamete used in the assisted

reproduction shall make a good faith effort to provide the child

or, if the child is a minor, the parent or guardian of the

child, access to nonidentifying medical history of the donor.

fertility clinic.--On request of a child conceived by assisted

reproduction who attains 18 years of age, a gamete bank or

fertility clinic authorized by law to operate in this

Commonwealth which received gametes used in the assisted

reproduction from another gamete bank or fertility clinic shall

disclose the name, address, telephone number and email address

of the other gamete bank or fertility clinic from which it

received the gametes.

§ 9906. Recordkeeping.

(a) Donor information.--A gamete bank or fertility clinic

authorized by law to operate in this Commonwealth which collects

gametes for use in assisted reproduction shall maintain

identifying information and medical history about each gamete

donor. The gamete bank or fertility clinic shall maintain

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records of gamete screening and testing and comply with

reporting requirements, in accordance with Federal law and

applicable law of this Commonwealth other than this part.

(b) Gamete bank or fertility clinic information.--A gamete

bank or fertility clinic authorized by law to operate in this

Commonwealth which receives gametes from another gamete bank or

fertility clinic shall maintain the name, address, telephone

number and email address of the gamete bank or fertility clinic

from which it received the gametes.

CHAPTER 99A

MISCELLANEOUS PROVISIONS

Sec.

99A01. Uniformity of application and construction.

99A02. Relation to Electronic Signatures in Global and National

Commerce Act.

99A03. Transitional provision.

§ 99A01. Uniformity of application and construction.

In applying and construing this uniform act, consideration

must be given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

§ 99A02. Relation to Electronic Signatures in Global and

National Commerce Act.

To the extent permitted by section 102 of the Electronic

Signatures in Global and National Commerce Act (Public Law 106-

229, 15 U.S.C. § 7002), this part may supersede provisions of

that act.

§ 99A03. Transitional provision.

This part applies to a pending proceeding to adjudicate

parentage commenced before the effective date of this section

for an issue on which a judgment has not been entered.

Section 5. All acts and parts of acts are repealed insofar

as they are inconsistent with this act.

Section 6. This act shall take effect in 60 days.

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