PRINTER'S NO. 4385
No. 2847 Session of 2004
INTRODUCED BY VANCE, TRUE, DeWEESE, BIRMELIN, ARMSTRONG,
BALDWIN, BELFANTI, BENNINGHOFF, BOYD, CAPPELLI, CRAHALLA,
DeLUCA, DENLINGER, FLEAGLE, FRANKEL, GEIST, GOOD, GOODMAN,
HARRIS, HENNESSEY, HERSHEY, LEACH, LEH, McNAUGHTON,
R. MILLER, NICKOL, PISTELLA, ROSS, RUBLEY, B. SMITH, STERN,
E. Z. TAYLOR, THOMAS, TIGUE, WALKO, WATSON, WEBER, WILT,
YUDICHAK, WANSACZ, YOUNGBLOOD AND SCHRODER,
SEPTEMBER 27, 2004
REFERRED TO COMMITTEE ON JUDICIARY, SEPTEMBER 27, 2004
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for foreign decree
3 of adoption.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2908 of Title 23 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2908. Foreign decree of adoption.
9 [When a decree of adoption of a minor is made or entered in
10 conformity with the laws of another state or a foreign country
11 whereby a child is adopted by a resident of this Commonwealth, a
12 copy of the final decree, properly authenticated, may be filed
13 with the clerk in the county of residence of the adopting
14 parents. The decree and such other documents as may be filed
15 therewith shall be kept in the files of the court as a permanent
1 record thereof and shall be withheld from inspection except on
2 order of court granted upon cause shown. Upon the filing of a
3 foreign decree of adoption, the clerk shall enter upon the
4 docket an entry showing the foreign court, identification of the
5 proceedings therein and the date of the decree. Information
6 identifying the natural parents shall not be required.]
7 (a) Registration.--When a final decree of adoption of a
8 minor is made or entered in conformity with the laws of another
9 state or a foreign country whereby a child is adopted by a
10 resident of this Commonwealth, a copy of the foreign decree of
11 adoption, properly authenticated, may be filed with the clerk of
12 the orphans' court in the county of residence of the parent or
13 parents. The clerk may charge a filing fee in accordance with
14 the court's regular fee schedule as approved by the president
15 judge. The foreign decree of adoption and such other documents
16 as may be filed therewith shall be kept in the files of the
17 court as a permanent record thereof and shall be withheld from
18 inspection except on order of court granted upon cause shown.
19 Information identifying the birth parents of the adoptee shall
20 not be required.
21 (b) Certificate of adoption.--Upon the filing of a properly
22 authenticated foreign decree of adoption, the clerk shall enter
23 upon the docket an entry showing the foreign court,
24 identification of the proceedings therein and the date of the
25 decree. The clerk shall issue to the parent or parents a
26 certificate of adoption evidencing that the adoption has been
27 registered in the county court. The clerk shall also send a
28 certificate of adoption to the Bureau of Vital Statistics of the
29 Department of Health. No hearing shall be required prior to the
30 issuance of the certificate of adoption and the parent or
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1 parents shall not be required to obtain counsel.
2 (c) Change of name of adoptee.--If requested, the name of
3 the adoptee may be changed from that set forth on the foreign
4 decree of adoption and the new name shall be set forth on the
5 certificate of adoption issued under subsection (b).
6 (d) Readoption.--The readoption of a child referenced in
7 subsection (a) is not required unless:
8 (1) in the case of a married couple seeking to jointly
9 register a foreign decree of adoption, the adoption in the
10 foreign country was not finalized as to both the husband and
11 the wife; or
12 (2) the adoption was not finalized in the foreign
13 country.
14 Section 2. This act shall take effect in 60 days.
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