PRIOR PRINTER'S NO. 68 PRINTER'S NO. 1696
No. 79 Session of 1991
INTRODUCED BY HAGARTY, CALTAGIRONE, REBER, HAYDEN, HECKLER,
GODSHALL, MERRY, LAUGHLIN, NAILOR, JAROLIN, DEMPSEY, NAHILL,
HERMAN, NOYE, MELIO, FLEAGLE, RAYMOND, E. Z. TAYLOR, COWELL,
VEON, DALEY, ULIANA, PRESTON, RITTER, COY, TRELLO, BATTISTO,
PITTS, LEE, FARMER, KASUNIC, HALUSKA, GRUPPO, FREIND, CLYMER,
BUSH, DeLUCA, O'BRIEN, LINTON, SAURMAN, KUKOVICH, CHADWICK,
MARSICO, PICCOLA, G. SNYDER, PHILLIPS, GEIST, TANGRETTI,
HARLEY, FOX, BARLEY, WAMBACH, THOMAS, MICHLOVIC, TELEK AND
SEMMEL, JANUARY 15, 1991
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 15, 1991
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, adding a definition of "newborn
3 child"; further providing for procedures and other matters
4 relating to adoptions; and providing for certain
5 investigations and reports.
6 The General Assembly of the Commonwealth of Pennsylvania
7 hereby enacts as follows:
8 Section 1. Section 2102 of Title 23 of the Pennsylvania
9 Consolidated Statutes is amended by adding a definition to read:
10 § 2102. Definitions.
11 The following words and phrases when used in this part shall
12 have, unless the context clearly indicates otherwise, the
13 meanings given to them in this section:
14 * * *
15 "Newborn child." A child who is six months of age or younger
1 at the time of the filing of any petition pursuant to Chapter 25
2 (relating to proceedings prior to petition to adopt).
3 * * *
4 Section 2. Sections 2313, 2503 and 2504 of Title 23 are
5 amended to read:
6 § 2313. Representation [for child].
7 (a) [General rule] Child.--The court shall appoint counsel
8 to represent the child in an involuntary termination proceeding
9 when the proceeding is being contested by one or both of the
10 parents. The court may appoint counsel or a guardian ad litem to
11 represent any child who has not reached the age of 18 years and
12 is subject to any other proceeding under this part whenever it
13 is in the best interests of the child. No attorney or law firm
14 shall represent both the child and the adopting parent or
15 parents.
16 (a.1) Parent.--The court shall appoint counsel for a parent
17 whose rights are subject to termination in an involuntary
18 termination proceeding, if, upon petition of the parent, the
19 court determines that the parent is unable to pay for counsel or
20 if payment would result in substantial financial hardship.
21 (b) Payment of costs.--The court, in its discretion, may
22 order all or part of the costs attendant to a proceeding under
23 this part to be paid by the county wherein the case is heard,
24 the adopting parents or apportioned to both, provided that if
25 the adopting parents shall be ordered to bear all or a portion
26 of the costs of this part that:
27 (1) the court may direct that the payment of the fees or
28 a portion thereof may be paid by a court ordered schedule of
29 payments extending beyond the date of the involuntary
30 termination hearing; and
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1 (2) the fee shall not exceed $150.
2 § 2503. Hearing.
3 (a) General rule.--Upon presentation of a petition prepared
4 pursuant to section 2501 (relating to relinquishment to agency)
5 or section 2502 (relating to relinquishment to adult intending
6 to adopt child), the court shall fix a time for hearing which
7 shall not be less than ten days after filing of the petition.
8 The petitioner must appear at the hearing.
9 (b) Notice.--[Notice to the petitioner shall be in the form
10 provided in section 2513(b) (relating to hearing). Notice]
11 (1) At least ten days' notice of the hearing shall be
12 given to the petitioner, and a copy of the notice shall be
13 given to the other parent, to the putative father whose
14 parental rights could be terminated pursuant to subsection
15 (d) and to the parents or guardian of a petitioner who has
16 not reached 18 years of age.
17 (2) The notice to the petitioner shall state the
18 following:
19 "To: (insert petitioner's name)
20 A petition has been filed asking the court to put an
21 end to all rights you have to your child (insert name of
22 child). The court has set a hearing to consider ending
23 your rights to your child. That hearing will be held in
24 (insert place, giving reference to exact room and
25 building number or designation) on (insert date) at
26 (insert time). Your presence is required at the hearing.
27 You have a right to be represented at the hearing by a
28 lawyer. You should take this paper to your lawyer at
29 once. If you do not have a lawyer or cannot afford one,
30 go to or telephone the office set forth below to find out
19910H0079B1696 - 3 -
1 where you can get legal help.
2 (Name)....................
3 (Address).................
4 ..........................
5 (Telephone number)........"
6 (3) The copy of the notice which is given to the
7 putative father shall state that his rights may also be
8 subject to termination pursuant to subsection (d) if he fails
9 to file either an acknowledgment of paternity or claim of
10 paternity pursuant to section 5103 (relating to
11 acknowledgment and claim of paternity), and fails to either
12 appear at the hearing for the purpose of objecting to the
13 termination of his rights or file a written objection to such
14 termination with the court prior to the hearing.
15 (c) Decree.--After hearing, which shall be private, the
16 court may enter a decree of termination of parental rights in
17 the case of their relinquishment to an adult or a decree of
18 termination of parental rights and duties, including the
19 obligation of support, in the case of their relinquishment to an
20 agency.
21 (d) Putative father.--If a putative father will not file a
22 petition to voluntarily relinquish his parental rights pursuant
23 to section 2501 (relating to relinquishment to agency) or 2502
24 (relating to relinquishment to adult intending to adopt child),
25 has been given notice of the hearing being held pursuant to this
26 section and fails to either appear at that hearing for the
27 purpose of objecting to termination of his parental rights, or
28 file a written objection to such termination with the court
29 prior to the hearing and has not filed an acknowledgment of
30 paternity or claim of paternity pursuant to [section 8302
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1 (relating to acknowledgment of paternity) or 8303 (relating to
2 claim of paternity)] section 5103, the court may enter a decree
3 terminating the parental rights of the putative father pursuant
4 to subsection (c).
5 (e) Right to file personal information.--At the time the
6 decree of termination is transmitted to the parent whose rights
7 are terminated, the court shall advise that parent, in writing,
8 of his or her right to place personal information on file with
9 the court and with the Department of Health pursuant to section
10 2905(d) (relating to impounding of proceedings and access to
11 records).
12 § 2504. Alternative procedure for relinquishment.
13 (a) Petition to confirm consent to adoption.--If the parent
14 or parents of the child have executed consents to an adoption as
15 required by section 2711 (relating to consents necessary to
16 adoption) but have failed for a period of 40 days after
17 executing the consent to file or proceed with the petition for
18 voluntary relinquishment of parental rights provided for in this
19 subchapter, the intermediary may petition the court to hold a
20 hearing for the purpose of confirming the intention of the
21 parent or parents to voluntarily relinquish their rights and
22 duties as evidenced by the consent or consents to the adoption,
23 the original of which shall be attached to the petition. In the
24 case where there is no intermediary, the adoptive parent or
25 parents may file the petition.
26 (b) Hearing.--Upon presentation of a petition filed pursuant
27 to this section, the court shall fix a time for a hearing which
28 shall not be less than ten days after filing of the petition.
29 Notice of the hearing shall be by personal service or by
30 registered mail or by such other means as the court may require
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1 upon the consenter and shall be in the form provided in section
2 2513(b) (relating to hearing). Notice of the hearing shall be
3 given to the other parent or parents, to the putative father
4 whose parental rights could be terminated pursuant to subsection
5 (c) and to the parents or guardian of a consenting parent who
6 has not reached 18 years of age. The notice shall state that the
7 consenting parent's or putative father's rights may be
8 terminated as a result of the hearing. After hearing, which
9 shall be private, the court may enter a decree of termination of
10 parental rights in the case of a relinquishment to an adult or a
11 decree of termination of parental rights and duties, including
12 the obligation of support, in the case of a relinquishment to an
13 agency.
14 (c) Putative father.--If a putative father will not execute
15 a consent to an adoption as required by section 2711, has been
16 given notice of the hearing being held pursuant to this section
17 and fails to either appear at that hearing for the purpose of
18 objecting to termination of his parental rights or file a
19 written objection to such termination with the court prior to
20 the hearing and has not filed an acknowledgment of paternity or
21 claim of paternity pursuant to [section 8302 (relating to
22 acknowledgment of paternity) or 8303 (relating to claim of
23 paternity)] section 5103 (relating to acknowledgment and claim
24 of paternity), the court may enter a decree terminating the
25 parental rights of the putative father pursuant to subsection
26 (b).
27 (d) Right to file personal information.--At the time the
28 decree of termination is transmitted to the parent, the court
29 shall also advise, in writing, the parent whose rights have been
30 terminated of his or her right to place personal information on
19910H0079B1696 - 6 -
1 file with the court and with the Department of Health pursuant
2 to section 2905(d) (relating to impounding of proceedings and
3 access to records).
4 Section 3. Title 23 is amended by adding a section to read:
5 § 2504.1. Confidentiality.
6 The court shall take such steps as are reasonably necessary
7 to assure that the identity of the adoptive parent or parents is
8 not disclosed without their consent in any proceeding under
9 Subchapter A (relating to voluntary relinquishment) or B
10 (relating to involuntary termination). The Supreme Court may
11 prescribe uniform rules under this section relating to such
12 confidentiality.
13 Section 4. Sections 2505, 2511 and 2513(b) of Title 23 are
14 amended to read:
15 § 2505. Counseling.
16 (a) List of counselors.--Any hospital or other facility
17 providing maternity care shall provide a list of available
18 counselors and counseling services compiled pursuant to
19 subsection (b) to its maternity patients who are known to be
20 considering relinquishment or termination of parental rights
21 pursuant to this part. The patient shall sign an acknowledgment
22 of receipt of such list prior to discharge, a copy of which
23 receipt shall be provided to the patient.
24 (b) Compilation of list.--The court shall compile a list of
25 qualified counselors and counseling services (including all
26 adoption agencies) which are available to counsel natural
27 parents within the county who are contemplating relinquishment
28 or termination of parental rights pursuant to this part. Such
29 list shall be [made available upon request to any agency,
30 intermediary] distributed to every agency, hospital or other
19910H0079B1696 - 7 -
1 facility providing maternity care[.] within the county and shall
2 be made available upon request to any intermediary or licensed
3 health care professional.
4 (c) Court referral.--Prior to entering a decree of
5 termination of parental rights pursuant to section 2503
6 (relating to hearing) or 2504 (relating to alternative procedure
7 for relinquishment), if the parent whose rights are to be
8 terminated is present in court, the court shall inquire whether
9 he or she has received counseling concerning the termination and
10 the alternatives thereto from an agency or from a qualified
11 counselor listed by a court pursuant to subsection (b). If the
12 parent has not received such counseling, the court may, with the
13 parent's consent, refer the parent to an agency or qualified
14 counselor listed by a court pursuant to subsection (b) for the
15 purpose of receiving such counseling. In no event shall the
16 court delay the completion of any hearing pursuant to section
17 2503 or 2504 for more than 15 days in order to provide for such
18 counseling.
19 (d) Application for counseling.--Any parent who has filed a
20 petition to relinquish his or her parental rights, or has
21 executed a consent to adoption, and is in need of counseling
22 concerning the relinquishment or consent, and the alternatives
23 thereto, may apply to the court for referral to an agency or
24 qualified counselor listed by a court pursuant to subsection (b)
25 for the purpose of receiving such counseling. The court, in its
26 discretion, may make such a referral where it is satisfied that
27 this counseling would be of benefit to the parent.
28 (e) Counseling fund.--Except as hereinafter provided, each
29 report of intention to adopt filed pursuant to section 2531
30 (relating to report of intention to adopt) shall be accompanied
19910H0079B1696 - 8 -
1 by a filing fee in the amount of $75 which shall be paid into a
2 segregated fund established by the county. The county may also
3 make supplemental appropriations to the fund. All costs of
4 counseling provided pursuant to subsection (c) or (d) to
5 individuals who are unable to pay for such counseling shall be
6 paid from the fund. No filing fee may be exacted under this
7 subsection with respect to the adoption of a special needs child
8 who would be eligible for adoption assistance pursuant to
9 regulations promulgated by the Department of Public Welfare. In
10 addition, the court may reduce or waive the fee in cases of
11 demonstrated financial hardship.
12 § 2511. Grounds for involuntary termination.
13 (a) General rule.--The rights of a parent in regard to a
14 child may be terminated after a petition filed on any of the
15 following grounds:
16 (1) The parent by conduct continuing for a period of at
17 least six months immediately preceding the filing of the
18 petition either has evidenced a settled purpose of
19 relinquishing parental claim to a child or has refused or
20 failed to perform parental duties.
21 (2) The repeated and continued incapacity, abuse,
22 neglect or refusal of the parent has caused the child to be
23 without essential parental care, control or subsistence
24 necessary for his physical or mental well-being and the
25 conditions and causes of the incapacity, abuse, neglect or
26 refusal cannot or will not be remedied by the parent.
27 (3) The parent is the presumptive but not the natural
28 father of the child.
29 (4) The child is in the custody of an agency, having
30 been found under such circumstances that the identity or
19910H0079B1696 - 9 -
1 whereabouts of the parent is unknown and cannot be
2 ascertained by diligent search and the parent does not claim
3 the child within three months after the child is found.
4 (5) The child has been removed from the care of the
5 parent by the court or under a voluntary agreement with an
6 agency for a period of at least six months, the conditions
7 which led to the removal or placement of the child continue
8 to exist, the parent cannot or will not remedy those
9 conditions within a reasonable period of time, the services
10 or assistance reasonably available to the parent are not
11 likely to remedy the conditions which led to the removal or
12 placement of the child within a reasonable period of time and
13 termination of the parental rights would best serve the needs
14 and welfare of the child.
15 (6) In the case of a newborn child, the parent knows or
16 has reason to know of the child's birth, does not reside with
17 the child, has not married the child's other parent, has
18 failed for a period of four months immediately preceding the
19 filing of the petition to make reasonable efforts to maintain
20 substantial and continuing contact with the child, and has
21 failed during the same four-month period to provide
22 substantial financial support for the child.
23 (7) The parent is the father of a child who was
24 conceived as a result of a rape.
25 (b) Other considerations.--The court in terminating the
26 rights of a parent shall give primary consideration to the needs
27 and welfare of the child. The rights of a parent shall not be
28 terminated solely on the basis of environmental factors such as
29 inadequate housing, furnishings, income, clothing and medical
30 care if found to be beyond the control of the parent. With
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1 respect to any petition filed pursuant to subsection (a)(1) or
2 (6), the court shall not consider any efforts by the parent to
3 remedy the conditions described therein which are first
4 initiated subsequent to the giving of notice of the filing of
5 the petition.
6 (c) Right to file personal information.--At the time the
7 decree of termination is transmitted to the parent whose rights
8 have been terminated, the court shall advise the parent, in
9 writing, of his or her right to place personal information on
10 file with the court and with the Department of Health pursuant
11 to section 2905(d) (relating to impounding of proceedings and
12 access to records).
13 § 2513. Hearing.
14 * * *
15 (b) Notice.--At least ten days' notice shall be given to the
16 parent or parents, putative [parent] father, or parent of a
17 minor parent whose rights are to be terminated, by personal
18 service or by registered mail to his or their last known address
19 or by such other means as the court may require. A copy of the
20 notice shall be given in the same manner to the other parent,
21 putative father or parent or guardian of a minor parent whose
22 rights are to be terminated. A putative [parent] father shall
23 include one who has filed a claim of paternity as provided in
24 section [8303] 5103 (relating to ACKNOWLEDGMENT AND claim of <--
25 paternity) prior to the institution of proceedings. The notice
26 shall state the following:
27 "A petition has been filed asking the court to put an end
28 to all rights you have to your child (insert name of child).
29 The court has set a hearing to consider ending your rights to
30 your child. That hearing will be held in (insert place,
19910H0079B1696 - 11 -
1 giving reference to exact room and building number or
2 designation) on (insert date) at (insert time). You are
3 warned that even if you fail to appear at the scheduled
4 hearing, the hearing will go on without you and your rights
5 to your child may be ended by the court without your being
6 present. You have a right to be represented at the hearing by
7 a lawyer. You should take this paper to your lawyer at once.
8 If you do not have a lawyer or cannot afford one, go to or
9 telephone the office set forth below to find out where you
10 can get legal help.
11 (Name)...................
12 (Address)................
13 .........................
14 (Telephone number)......."
15 * * *
16 Section 5. Title 23 is amended by adding a section to read:
17 § 2530. Preplacement investigation and HOME STUDY AND <--
18 PREPLACEMENT report.
19 (a) General rule.--No intermediary shall place a child in
20 the physical care or custody of a prospective adoptive parent or
21 parents unless a preplacement investigation HOME STUDY <--
22 containing a favorable recommendation for placement of a child
23 with the prospective parent or parents has been completed within
24 three years prior thereto and which has been supplemented within
25 one year prior thereto. The preplacement investigation HOME <--
26 STUDY shall be conducted by a local public child-care agency, an
27 adoption agency or a licensed social worker designated by the
28 court to perform such investigations STUDY. <--
29 (b) Preplacement report.--A preplacement report shall be
30 prepared by the agency or person conducting the preplacement <--
19910H0079B1696 - 12 -
1 investigation HOME STUDY. <--
2 (1) The PREPLACEMENT report shall set forth all <--
3 pertinent information relating to the fitness of the adopting
4 parents as parents.
5 (2) The PREPLACEMENT report shall be based upon a study <--
6 which shall include an investigation of the home environment,
7 family life, parenting skills, age, physical and mental
8 health, social, cultural and religious background, facilities
9 and resources of the adoptive parents and their ability to
10 manage their resources. The PREPLACEMENT report shall also <--
11 include the information required by section 6344(b) (relating
12 to information relating to prospective child-care personnel).
13 (3) The PREPLACEMENT report shall include a <--
14 determination regarding the fitness of the adopting parents
15 as parents.
16 (4) The PREPLACEMENT report shall be dated and verified. <--
17 (c) Interim placement.--Where an investigation A HOME STUDY <--
18 required under this section is in process, but not yet
19 completed, an intermediary may place a child in the physical
20 care or custody of a prospective adoptive parent or parents if
21 all of the following conditions are met:
22 (1) The intermediary has no reason to believe that the
23 prospective adoptive parent or parents would not receive a
24 favorable recommendation for placement as a result of the
25 investigation HOME STUDY. <--
26 (2) The individual or agency conducting the
27 investigation HOME STUDY assents to the interim placement. <--
28 (3) The intermediary immediately notifies the court of
29 the interim placement and the identity of the individual or
30 agency conducting the investigation HOME STUDY. <--
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1 If, at any time prior to the completion of the investigation <--
2 HOME STUDY, the court is notified by the individual or agency <--
3 conducting the investigation HOME STUDY that it withdraws its <--
4 assent to the interim placement, the court may order the
5 placement of the child in temporary foster care with an agency
6 until a favorable recommendation for placement is received.
7 Section 6. Sections 2531(b), 2701, 2711(c) and (d), 2725 and
8 2905(a) and (d) of Title 23 are amended to read:
9 § 2531. Report of intention to adopt.
10 * * *
11 (b) Contents.--The report shall set forth:
12 (1) The circumstances surrounding the persons receiving
13 or retaining custody or physical care of the child, including
14 the date upon which a preplacement investigation was
15 concluded.
16 (2) The name, sex, racial background, age, date and
17 place of birth and religious affiliation of the child.
18 (3) The name and address of the intermediary.
19 (4) An itemized accounting of moneys and consideration
20 paid or to be paid to the intermediary.
21 (5) Whether the parent or parents whose parental rights
22 are to be terminated have received counseling with respect to
23 the termination and the alternatives thereto. If so, the
24 report shall state the dates on which the counseling was
25 provided and the name and address of the counselor or agency
26 which provided the counseling.
27 (6) The name, address and signature of the person or
28 persons making the report. Immediately above the signature of
29 the person or persons intending to adopt the child shall
30 appear the following statement:
19910H0079B1696 - 14 -
1 I acknowledge that I have been advised or know and
2 understand that the natural parent may revoke the consent
3 to the adoption of this child until a court has entered a
4 decree terminating the parental rights and, unless a
5 decree terminating parental rights has been entered, the
6 natural parent may revoke the consent until a court
7 enters the final adoption decree.
8 (7) A copy of the preplacement report prepared pursuant
9 to section 2530 (relating to HOME STUDY AND preplacement <--
10 investigation and report). <--
11 When a person receives or retains custody or physical care of a
12 child from an agency, the report shall set forth only the name
13 and address of the agency [and], the circumstances surrounding
14 such person receiving or retaining custody or physical care of
15 the child and a copy of the preplacement report prepared
16 pursuant to section 2530.
17 * * *
18 § 2701. Contents of petition for adoption.
19 A petition for adoption shall set forth:
20 (1) The full name, residence, marital status, age,
21 occupation, religious affiliation and racial background of
22 the adopting parent or parents and their relationship, if
23 any, to the adoptee.
24 (2) That the reports under sections 2530 (relating to
25 HOME STUDY AND preplacement investigation and report), 2531 <--
26 (relating to report of intention to adopt) and 2533 (relating
27 to report of intermediary) have been filed, if required.
28 (3) The name and address of the intermediary, if any.
29 (4) The full name of the adoptee and the fact and length
30 of time of the residence of the adoptee with the adopting
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1 parent or parents.
2 (5) If there is no intermediary or if no report of the
3 intermediary has been filed or if the adoptee is over the age
4 of 18 years, all vital statistics and other information
5 enumerated and required to be stated of record by section
6 2533, so far as applicable.
7 (6) If a change in name of the adoptee is desired, the
8 new name.
9 (7) That all consents required by section 2711 (relating
10 to consents necessary to adoption) are attached as exhibits
11 or the basis upon which such consents are not required.
12 (8) That it is the desire of the petitioner or the
13 petitioners that the relationship of parent and child be
14 established between the petitioner or petitioners and the
15 adoptee.
16 (9) If no birth certificate or certification of
17 registration of birth can be obtained, a statement of the
18 reason therefor and an allegation of the efforts made to
19 obtain the certificate with a request that the court
20 establish a date and place of birth at the adoption hearing
21 on the basis of the evidence presented.
22 § 2711. Consents necessary to adoption.
23 * * *
24 (c) Validity of consent.--No consent shall be valid if it
25 was executed prior to or within 72 hours after the birth of the
26 child. A putative father may execute a consent at any time after
27 receiving notice of the expected or actual birth of the child.
28 Any consent given outside this Commonwealth shall be valid for
29 purposes of this section if it was given in accordance with the
30 laws of the jurisdiction where it was executed. A consent to an
19910H0079B1696 - 16 -
1 adoption may only be revoked prior to the earlier of either the
2 entry of a decree of termination of parental rights or the entry
3 of a decree of adoption. The revocation of a consent shall be in
4 writing and shall be served upon the agency or adult to whom the
5 child was relinquished.
6 (d) Contents of consent.--
7 (1) The consent of a parent of an adoptee under 18 years
8 of age shall set forth the name, age and marital status of
9 the parent, the relationship of the consenter to the child,
10 the name of the other parent or parents of the child and the
11 following:
12 I hereby voluntarily and unconditionally consent to
13 the adoption of the above named child.
14 I understand that by signing this consent I indicate
15 my intent to permanently give up all rights to this
16 child.
17 I understand such child will be placed for adoption.
18 I understand I may revoke this consent to permanently
19 give up all rights to this child by placing the
20 revocation in writing and serving it upon the agency or
21 adult to whom the child was relinquished.
22 I understand I may not revoke this consent after a
23 court has entered a decree confirming this consent or
24 otherwise terminating my parental rights to this child.
25 Even if a decree has not been entered terminating my
26 parental rights I may not revoke this consent after a
27 decree of adoption of this child is entered.
28 I have read and understand the above and I am signing
29 it as a free and voluntary act.
30 (2) The consent shall include the date and place of its
19910H0079B1696 - 17 -
1 execution and names and addresses and signatures of at least
2 two persons who witnessed its execution and their
3 relationship to the consenter.
4 § 2725. Religious belief.
5 [Whenever possible, the adopting parents shall be of the same
6 religious faith as the natural parents of the adoptee] The
7 intermediary may honor the preference of the natural parents as
8 to the religious faith in which the adoptive parents intend to
9 rear the adopted child. No person shall be denied the benefits
10 of this part because of a religious belief in the use of
11 spiritual means or prayer for healing.
12 § 2905. Impounding of proceedings and access to records.
13 (a) General rule.--All petitions, exhibits, reports, notes
14 of testimony, decrees, and other papers pertaining to any
15 proceeding under this part or former statutes relating to
16 adoption shall be kept in the files of the court as a permanent
17 record thereof and withheld from inspection except on an order
18 of court granted upon cause shown or except as otherwise
19 provided in this section. Any report required to be filed under
20 sections 2530 (relating to HOME STUDY AND preplacement <--
21 investigation and report), 2531 (relating to report of intention <--
22 to adopt) and 2535 (relating to investigation) shall be made
23 available to parties to an adoption proceeding only after all
24 identifying names and addresses in the report have been
25 extirpated by the court.
26 * * *
27 (d) Disclosure of information on original certificate of
28 birth.--
29 (1) No disclosure of information shall be made by the
30 court, an agency, the Department of Health or any other
19910H0079B1696 - 18 -
1 Commonwealth agency regarding the adopted person's original
2 certificate of birth or regarding the documents of proof on
3 which the amended certificate of birth is based or relating
4 in any way to the natural parents unless the disclosure is
5 made pursuant to the provisions of this section.
6 (2) Notwithstanding any other provision in this section
7 to the contrary, the natural parents may, at the time of the
8 [relinquishment] termination of their parental rights
9 pursuant to Chapter 25 (relating to proceedings prior to
10 petition to adopt) or at any time thereafter, place on file,
11 with the court and with the Department of Health, a consent
12 form granting permission for the court or the department to
13 disclose the information contained in the adoptee's original
14 certificate of birth, or any other identifying or
15 nonidentifying information pertaining to the natural parents,
16 at any time after the adoptee attains the age of 18 or, if
17 less than 18, to his adoptive parent or legal guardian. If
18 both parents give their consent, the information on the birth
19 certificate may be disclosed. If only one parent gives
20 consent, only the identity of the consenting parent shall be
21 disclosed. The natural parents shall be entitled to update
22 those records, as necessary, to reflect the natural parent's
23 current address or any other information pertaining to the
24 natural parents. The information may only be disclosed upon
25 the request of the adoptee or his adoptive parent or legal
26 guardian, and the consent of the natural parents may be
27 withdrawn at any time by filing a withdrawal of consent form
28 with the court and the department. The department shall
29 prescribe by regulation the procedure and forms to be
30 utilized for the giving, updating and withdrawal of the
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1 consent.
2 Section 7. This act shall take effect in 60 days.
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