AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in adoption, further providing for
3report of intention to adopt and for consents necessary to
4adoption; repealing provisions relating to consents not
5naming adopting parents; and further providing for notice of
6hearing.

7The General Assembly of the Commonwealth of Pennsylvania
8hereby enacts as follows:

9Section 1. Sections 2531(b)(6) and 2711(c) and (d) of Title
1023 of the Pennsylvania Consolidated Statutes are amended to
11read:

12§ 2531. Report of intention to adopt.

13* * *

14(b) Contents.--The report shall set forth:

15* * *

16(6) The name, address and signature of the person or
17persons making the report. Immediately above the signature of
18the person or persons intending to adopt the child shall
19appear the following statement:

20I acknowledge that I have been advised or know and

1understand that the birth father or putative father may
2revoke the consent to the adoption of this child within
3[30 days] 96 hours after the later of the birth of the
4child or the date he has executed the consent to an
5adoption and that the birth mother may revoke the consent
6to an adoption of this child within [30 days] 96 hours
7after the date she has executed the consent.

8* * *

9§ 2711. Consents necessary to adoption.

10* * *

11(c) Validity of consent.--

12(1) No consent shall be valid if it was executed prior
13to or within 72 hours after the birth of the child. A
14putative father may execute a consent at any time after
15receiving notice of the expected or actual birth of the
16child. 

17(2) If consent is executed by the putative father prior 
18to the birth of the child, the child shall be named "Baby 
19(Mother's Last Name)" for the purpose of the consent. Further 
20notice as required by section 2721 (relating to notice of 
21hearing) to the putative father is not necessary if consent 
22is executed prior to the birth of the child. Further notice 
23as required by section 2721 is not required to the natural 
24mother or her husband if consent was timely executed.

25(3) Any consent given outside this Commonwealth shall be
26valid for purposes of this section if it was given in
27accordance with the laws of the jurisdiction where it was
28executed.

29(4) A consent to an adoption may only be revoked as set
30forth in this subsection. The revocation of a consent shall

1be in writing and shall be served upon the agency or adult to
2whom the child was relinquished. [The following apply:]

3(c.1) Nature of consent.--

4(1) Except as otherwise provided in paragraph (3):

5(i) For a consent to an adoption executed by a birth
6father or a putative father, the consent is irrevocable
7more than [30 days] 96 hours after the birth of the child
8or the execution of the consent, whichever occurs later.

9(ii) For a consent to an adoption executed by a
10birth mother, the consent is irrevocable more than [30
11days] 96 hours after the execution of the consent.

12(2) An individual may not waive the revocation period
13under paragraph (1).

14(3) Notwithstanding paragraph (1), the following apply:

15(i) An individual who executed a consent to an
16adoption may challenge the validity of the consent only
17by filing a petition alleging fraud or duress [within the
18earlier of the following time frames:

19(A) Sixty days after the birth of the child or
20the execution of the consent, whichever occurs later.

21(B) Thirty days after the entry of the adoption
22decree.] prior to the termination of parental rights.

23(ii) A consent to an adoption may be invalidated
24only if the alleged fraud or duress under subparagraph
25(i) is proven by:

26(A) a preponderance of the evidence in the case
27of consent by a person 21 years of age or younger; or

28(B) clear and convincing evidence in all other
29cases.

30(4) Once the individual's parental rights are terminated

1and the individual has executed a consent to an adoption, the
2individual has no further standing to contest the adoption or
3to revoke his or her consent.

4(d) Contents of consent.--

5(1) The consent of a parent of an adoptee under 18 years
6of age shall set forth the name, age and marital status of
7the parent, the relationship of the consenter to the child,
8the name of the other parent or parents of the child and the
9following:

10I hereby voluntarily and unconditionally consent to
11the adoption of the above named child.

12I understand that by signing this consent I indicate
13my intent to permanently give up all rights to this
14child.

15I understand such child will be placed for adoption.

16I understand I may revoke this consent to permanently
17give up all rights to this child by placing the
18revocation in writing and serving it upon the agency or
19adult to whom the child was relinquished.

20If I am the birth father or putative father of the
21child, I understand that this consent to an adoption is
22irrevocable unless I revoke it within [30 days] 96 hours
23after either the birth of the child or my execution of
24the consent, whichever occurs later, by delivering a
25written revocation to (insert the name and address of the
26agency coordinating the adoption) or (insert the name and
27address of an attorney who represents the individual
28relinquishing parental rights or prospective adoptive
29parent of the child) or (insert the court of the county
30in which the voluntary relinquishment form was or will be

1filed).

2If I am the birth mother of the child, I understand
3that this consent to an adoption is irrevocable unless I
4revoke it within [30 days] 96 hours after executing it by
5delivering a written revocation to (insert the name and
6address of the agency coordinating the adoption) or
7(insert the name and address of an attorney who
8represents the individual relinquishing parental rights
9or prospective adoptive parent of the child) or (insert
10the court of the county in which the voluntary
11relinquishment form was or will be filed).

12I have read and understand the above and I am signing
13it as a free and voluntary act.

14(2) The consent shall include the date and place of its
15execution and names and addresses and signatures of at least
16two persons who witnessed its execution and their
17relationship to the consenter.

18Section 2. Section 2712 of Title 23 is repealed:

19[§ 2712. Consents not naming adopting parents.

20A consent to a proposed adoption meeting all the requirements
21of this part but which does not name or otherwise identify the
22adopting parent or parents shall be valid if it contains a
23statement that it is voluntarily executed without disclosure of
24the name or other identification of the adopting parent or
25parents.]

26Section 3. Section 2721 of Title 23 is amended to read:

27§ 2721. Notice of hearing.

28The court shall fix a time and place for hearing. Notice of
29the hearing shall be given to all persons whose consents are
30required and to such other persons as the court shall direct.

1Notice to the parent or parents of the adoptee[, if required,
2may be given by the intermediary or someone acting on his
3behalf.] is not required if the parents have consented to the 
4adoption and parental rights have been terminated. Notice shall
5be by personal service or by registered mail to the last known
6address of the person to be notified or in such other manner as
7the court shall direct.

8Section 4. This act shall take effect in 60 days.