PRINTER'S NO. 4259
No. 2822 Session of 2002
INTRODUCED BY BLAUM, DALLY, STABACK, TRICH, TIGUE, COY,
TANGRETTI, PALLONE, SATHER, KREBS, FRANKEL, SHANER,
E. Z. TAYLOR, CAPPELLI, WANSACZ, MUNDY, YOUNGBLOOD, FEESE,
TRELLO, McCALL, STEELMAN, KIRKLAND, HORSEY, JAMES, WASHINGTON
AND O'BRIEN, AUGUST 21, 2002
REFERRED TO COMMITTEE ON JUDICIARY, AUGUST 21, 2002
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, extensively revising provisions on
3 adoption.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definitions of "agency," "intermediary,"
7 "medical history information" and "parent" in section 2102 of
8 Title 23 of the Pennsylvania Consolidated Statutes are amended
9 and the section is amended by adding definitions 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 "Adoption-related counseling services." Services offered by
16 an agency approved by the Department of Public Welfare, which,
17 at a minimum, provide a birth parent with assistance in
1 understanding the adoption process; the birth parents' rights
2 and obligations; the consequences of a decision to relinquish
3 parental rights or to consent to an adoption; and the
4 alternatives to a relinquishment, consent or adoption.
5 "Agency." [Any incorporated or unincorporated] An agency
6 operated by a public or private organization, corporation,
7 society, institution or [other] entity, [public or voluntary,]
8 which [may receive or provide for the care of children,
9 supervised by the Department of Public Welfare and providing]
10 provides adoption services in accordance with standards
11 established by the [department.] Department of Public Welfare.
12 The term includes a county agency.
13 "Birth sibling." A biological sibling or the half-sibling of
14 the adoptee.
15 "Child." An individual under 18 years of age.
16 * * *
17 "County agency." The county children and youth social
18 service agency established pursuant to section 405 of the act of
19 June 24, 1937 (P.L.2017, No.396), known as the County
20 Institution District Law, or its successor, and supervised by
21 the Department of Public Welfare under Article IX of the act of
22 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
23 * * *
24 "Department." The Department of Public Welfare of the
25 Commonwealth.
26 "Family profile." An agency's formal assessment of the
27 capacity and readiness of a prospective adopting parent to adopt
28 a child. The term includes the agency's written preplacement and
29 postplacement reports and recommendations, conducted in
30 accordance with the provisions of this part.
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1 "Intermediary." Any person [or persons] or agency acting
2 between the [parent or] parents and the proposed adoptive
3 [parent or] parents in arranging an adoption placement.
4 "Medical history information." Medical records and other
5 information concerning an adoptee or an adoptee's [natural]
6 birth family which is relevant to the adoptee's present or
7 future health care or medical treatment. The term includes:
8 (1) otherwise confidential or privileged information
9 provided that identifying contents have been removed pursuant
10 to section 2909 (relating to medical history information);
11 and
12 (2) information about the [natural] birth parents which
13 may be relevant to a potential hereditary or congenital
14 medical problem.
15 * * *
16 "Parent." [Includes adoptive parent.] The birth parent or
17 adoptive parent of the adoptee.
18 "Presumptive father." The husband of the birth mother, or an
19 individual who was her husband at any time within one year of
20 the birth of the adoptee, who is not necessarily the birth
21 father of the adoptee.
22 "Putative father." The alleged birth father of a child
23 conceived or born out of wedlock.
24 "Stepparent." The husband or wife of a parent, who is not
25 the birth or adoptive parent of the adoptee.
26 Section 2. Sections 2302(1), 2313(a) and (b) and 2501(a) of
27 Title 23 are amended to read:
28 § 2302. Venue.
29 Proceedings for voluntary relinquishment, involuntary
30 termination and adoption may be brought in the court of the
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1 county:
2 (1) Where the parent [or parents or], the adoptee or the
3 person [or persons] who [have] has filed a report of
4 intention to adopt required by section 2531 (relating to
5 report of intention to adopt) [reside] resides.
6 * * *
7 § 2313. Representation.
8 (a) Child.--The court shall appoint [counsel] a guardian ad
9 litem who is an attorney at law to represent the child in an
10 involuntary termination proceeding when the proceeding is being
11 contested by one or both of the parents. The court may appoint
12 [counsel or] a guardian ad litem who is an attorney at law to
13 represent any child who has not reached the age of 18 years and
14 is subject to any other proceeding under this part whenever it
15 is in the best interests of the child. No attorney or law firm
16 shall represent both the child and the adopting parent [or
17 parents].
18 * * *
19 (b) Payment of costs.--[The]
20 (1) In a contested involuntary termination proceeding,
21 the court, in its discretion, may order [all or part] that
22 the adopting parent pay up to 50% of the costs [attendant to
23 a proceeding under this part to be paid by the county wherein
24 the case is heard, the adopting parents or apportioned to
25 both, provided that if the adopting parents shall be ordered
26 to bear all or a portion of the costs of this part that:
27 (1) the] of the appointment of a guardian ad litem,
28 commensurate with the ability to pay without causing
29 financial hardship. The court may direct that the payment of
30 the fees [or a portion thereof] may be paid [by] according to
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1 a court ordered schedule of payments extending beyond the
2 date of the involuntary termination hearing[; and].
3 (2) [the fee shall not exceed $150.] The remaining fees
4 and cost for a proceeding under this part shall be paid by
5 the county where the action is heard.
6 § 2501. Relinquishment to agency.
7 (a) Petition.--When any child under the age of 18 years has
8 been in the care of an agency for a minimum period of three days
9 or, whether or not the agency has the physical care of the
10 child, the agency has received a written notice of the present
11 intent to transfer to it custody of the child, executed by the
12 birth parent, the birth parent [or parents] of the child may
13 petition the court for permission to relinquish forever all
14 parental rights and duties with respect to their child. The
15 petition must include an acknowledgment in writing by the birth
16 parent of all of the following:
17 (1) Adoption-related counseling services have been
18 offered to the birth parent.
19 (2) If the birth parent requested adoption-related
20 counseling services, whether the adoption-related counseling
21 services have been provided.
22 (3) If adoption-related counseling services were
23 provided, the name and address of the agency which provided
24 them.
25 * * *
26 Section 3. Section 2502(a) of Title 23 is amended and the
27 section is amended by adding a subsection to read:
28 § 2502. Relinquishment to adult intending to adopt child.
29 (a) Petition.--When any child under the age of 18 years has
30 been for a minimum period of [30] three days in the exclusive
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1 care of an adult or adults who have filed a report of intention
2 to adopt required by section 2531 (relating to report of
3 intention to adopt), the parent [or parents] of the child may
4 petition the court for permission to relinquish forever all
5 parental rights to [their] the child. The petition must include
6 an acknowledgment in writing by the birth parent of all of the
7 following:
8 (1) Adoption-related counseling services have been
9 offered to the birth parent.
10 (2) If the birth parent requested adoption-related
11 counseling services, whether the adoption-related counseling
12 services have been provided.
13 (3) If adoption-related counseling services were
14 provided, the name and address of the agency which provided
15 them.
16 * * *
17 (c) Written authorization.--If a parent or guardian has
18 relinquished a child under this section, the parent or guardian
19 shall furnish to the prospective adoptive parent a signed
20 writing stating that the relinquishment is for the purpose of
21 adoption and authorizes the prospective adoptive parent to
22 provide support and medical and other care for the child until
23 the adoption is finalized.
24 Section 4. Title 23 is amended by adding a section to read:
25 § 2502.1. Placement of abandoned child.
26 (a) Designation of adoptive parent.--Within 30 days after an
27 agency obtains custody of a child found under such circumstances
28 that the identities or whereabouts of the birth parents are
29 unknown, the agency shall make all reasonable efforts to
30 identify and designate an adoptive parent.
20020H2822B4259 - 6 -
1 (b) Diligent search.--The agency shall commence a search for
2 the birth parents of the abandoned child under section
3 2511(a)(4) (relating to grounds for involuntary termination).
4 The search shall be completed within 75 days after the agency
5 obtains custody of the child.
6 (c) Termination petition.--If the requirements of this
7 section and section 2511(a)(4) are met, the agency shall file a
8 petition for termination of parental rights within 120 days
9 after the date on which the child was found.
10 (d) Hearing.--A hearing on a petition under this section
11 shall be conducted by the court on an expedited basis.
12 (e) Report of intention to adopt.--The agency shall assist
13 the prospective adoptive parent with the filing of the report
14 under section 2531 (relating to report of intention to adopt).
15 Section 5. Section 2503 heading and (b)(3), (c), (d) and (e)
16 of Title 23 are amended and the section is amended by adding a
17 subsection to read:
18 § 2503. [Hearing] Voluntary relinquishment hearing.
19 * * *
20 (a.1) Custody of child.--During the pendency of a proceeding
21 under this section, unless the court directs otherwise, custody
22 of the child shall remain with the individual or agency that had
23 custody at the time the petition was filed.
24 (b) Notice.--
25 * * *
26 (3) The [copy of the notice which is given to the]
27 putative father shall [state that his rights may also be
28 subject to termination pursuant to subsection (d) if he fails
29 to file either an acknowledgment of paternity or claim of
30 paternity pursuant to section 5103 (relating to
20020H2822B4259 - 7 -
1 acknowledgment and claim of paternity) and fails to either
2 appear at the hearing for the purpose of objecting to the
3 termination of his rights or file a written objection to such
4 termination with the court prior to the hearing.] receive
5 notice in the form provided in section 2513(b) (relating to
6 hearing). Notice under this paragraph shall state that his
7 rights may also be terminated under subsection (d) if he
8 fails to file with the court prior to the hearing a written
9 objection to the termination or fails to appear at the
10 hearing for the purpose of objecting to the termination of
11 his rights. If the identity or whereabouts of the putative
12 father is unknown, notice shall be given pursuant to section
13 2514(b) (relating to notice if putative father or his
14 whereabouts unknown).
15 (c) Decree.--
16 (1) After hearing, which shall be private, the court may
17 enter a decree of termination of parental rights [in the case
18 of their relinquishment to an adult or a decree of
19 termination of parental rights and duties, including the
20 obligation of support, in the case of their relinquishment to
21 an agency].
22 (2) Subject to paragraph (3), a decree of termination of
23 parental rights terminates forever all the subject parent's
24 parental rights and duties with respect to the child,
25 including the obligation of support.
26 (3) A decree of termination of parental rights does not
27 extinguish the duty of a parent to pay arrearages for child
28 support.
29 (d) [Putative father.--] Termination of putative father's
30 parental rights.--If a putative father [will not file a petition
20020H2822B4259 - 8 -
1 to voluntarily relinquish his parental rights pursuant to
2 section 2501 (relating to relinquishment to agency) or 2502
3 (relating to relinquishment to adult intending to adopt child),]
4 has been given notice of the hearing being held pursuant to this
5 section [and], the court may enter a decree terminating his
6 parental rights, whether or not the putative father has filed an
7 acknowledgment of paternity or claim of paternity under section
8 5103, if any of the following paragraphs apply:
9 (1) The putative father fails to [either]:
10 (i) file a written objection to the termination with
11 the court prior to the hearing; or
12 (ii) appear at that hearing for the purpose of
13 objecting to termination of his parental rights [or file
14 a written objection to such termination with the court
15 prior to the hearing and has not filed an acknowledgment
16 of paternity or claim of paternity pursuant to section
17 5103, the court may enter a decree terminating the
18 parental rights of the putative father pursuant to
19 subsection (c)].
20 (2) The court determines, after a hearing, that the
21 putative father has failed to:
22 (i) provide substantial financial support for the
23 child; or
24 (ii) make substantial and ongoing provision for the
25 child's care.
26 (e) Right to file personal and medical history
27 information.--At the time the decree of termination is
28 transmitted to the parent whose rights are terminated, the court
29 shall advise that parent, in writing, of his or her continuing
30 right to place and update personal and medical history
20020H2822B4259 - 9 -
1 information, whether or not the medical condition is in
2 existence or discoverable at the time of adoption, on file with
3 the court, with the Department of Health and with the
4 [Department of Public Welfare] department pursuant to section
5 2905(d) (relating to impounding of proceedings and access to
6 records).
7 Section 6. Sections 2504, 2504.1 and 2505 of Title 23 are
8 amended to read:
9 [§ 2504. Alternative procedure for relinquishment.
10 (a) Petition to confirm consent to adoption.--If the parent
11 or parents of the child have executed consents to an adoption as
12 required by section 2711 (relating to consents necessary to
13 adoption) but have failed for a period of 40 days after
14 executing the consent to file or proceed with the petition for
15 voluntary relinquishment of parental rights provided for in this
16 subchapter, the intermediary may petition the court to hold a
17 hearing for the purpose of confirming the intention of the
18 parent or parents to voluntarily relinquish their rights and
19 duties as evidenced by the consent or consents to the adoption,
20 the original of which shall be attached to the petition. In the
21 case where there is no intermediary, the adoptive parent or
22 parents may file the petition.
23 (b) Hearing.--Upon presentation of a petition filed pursuant
24 to this section, the court shall fix a time for a hearing which
25 shall not be less than ten days after filing of the petition.
26 Notice of the hearing shall be by personal service or by
27 registered mail or by such other means as the court may require
28 upon the consenter and shall be in the form provided in section
29 2513(b) (relating to hearing). Notice of the hearing shall be
30 given to the other parent or parents, to the putative father
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1 whose parental rights could be terminated pursuant to subsection
2 (c) and to the parents or guardian of a consenting parent who
3 has not reached 18 years of age. The notice shall state that the
4 consenting parent's or putative father's rights may be
5 terminated as a result of the hearing. After hearing, which
6 shall be private, the court may enter a decree of termination of
7 parental rights in the case of a relinquishment to an adult or a
8 decree of termination of parental rights and duties, including
9 the obligation of support, in the case of a relinquishment to an
10 agency.
11 (c) Putative father.--If a putative father will not execute
12 a consent to an adoption as required by section 2711, has been
13 given notice of the hearing being held pursuant to this section
14 and fails to either appear at that hearing for the purpose of
15 objecting to termination of his parental rights or file a
16 written objection to such termination with the court prior to
17 the hearing and has not filed an acknowledgment of paternity or
18 claim of paternity pursuant to section 5103 (relating to
19 acknowledgment and claim of paternity), the court may enter a
20 decree terminating the parental rights of the putative father
21 pursuant to subsection (b).
22 (d) Right to file personal and medical history
23 information.--At the time the decree of termination is
24 transmitted to the parent, the court shall also advise, in
25 writing, the parent whose rights have been terminated of his or
26 her continuing right to place and update personal and medical
27 history information, whether or not the medical condition is in
28 existence or discoverable at the time of adoption, on file with
29 the court and with the Department of Public Welfare pursuant to
30 section 2905(d) (relating to impounding of proceedings and
20020H2822B4259 - 11 -
1 access to records).]
2 § 2504.1. Confidentiality.
3 The court shall take such steps as are reasonably necessary
4 to assure that the identity of the adoptive parent [or parents]
5 is not disclosed without [their] that parent's consent in any
6 proceeding under this subchapter or Subchapter B (relating to
7 involuntary termination). The Supreme Court may prescribe
8 uniform rules under this section relating to such
9 confidentiality.
10 § 2505. [Counseling] Adoption-related counseling services.
11 (a) [List of counselors] Information.--Any hospital or other
12 facility providing maternity care shall provide a list of
13 [available counselors and] agencies approved to provide
14 adoption-related counseling services compiled pursuant to
15 subsection (b) to its maternity patients who are known to be
16 considering relinquishment or termination of parental rights or
17 consent to adoption pursuant to this part[.] and information
18 about the counseling fund and how to access it for patients who
19 are unable to pay for counseling. The patient shall sign an
20 acknowledgment of receipt of such list prior to discharge, a
21 copy of which receipt shall be provided to the patient.
22 (b) Compilation of list.--The [court] department shall
23 compile a list, on a county-by-county basis, of [qualified
24 counselors and] agencies approved by the department to provide
25 adoption-related counseling services [(including all adoption
26 agencies)] which are available to [counsel natural] birth
27 parents [within the county] who are contemplating relinquishment
28 or termination of parental rights or consent to adoption, who
29 have filed a petition to relinquish parental rights or who have
30 executed a consent to an adoption, pursuant to this part. Such
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1 list shall be distributed to every court of common pleas,
2 agency, hospital or [other] facility providing maternity care
3 within the county [and]. The department shall [be made] make the
4 list available upon request to any [intermediary or licensed
5 health care professional] person.
6 (c) Court determination and referral.--Prior to entering a
7 decree of termination of parental rights pursuant to section
8 2503 (relating to voluntary relinquishment hearing) or [2504]
9 2711.1 (relating to [alternative procedure for relinquishment),
10 if the parent whose rights are to be terminated is present in
11 court,] termination of parental rights pursuant to consent), the
12 court shall [inquire] determine whether [he or she] the birth
13 parent has [received] been offered adoption-related counseling
14 [concerning the termination and the alternatives thereto from an
15 agency or from a qualified counselor listed by a court pursuant
16 to subsection (b)] services. If the birth parent has not
17 [received such] been offered adoption-related counseling
18 services, the court [may, with the parent's consent, refer]
19 shall provide the birth parent [to an agency or qualified
20 counselor listed by a court] with the list compiled pursuant to
21 subsection (b) [for the purpose of receiving such counseling].
22 In no event shall the court delay the completion of any hearing
23 pursuant to section 2503 or [2504] 2711.1 for more than 15 days
24 in order [to provide] for the birth parent to obtain such
25 counseling.
26 (d) Application for counseling.--[Any parent who has filed]
27 Any of the following may apply to a county agency for referral
28 to an agency listed under subsection (b) for the purpose of
29 receiving adoption-related counseling services, paid from funds
30 under subsection (e):
20020H2822B4259 - 13 -
1 (1) A birth parent, or an intermediary acting on behalf
2 of the birth parent, who is contemplating:
3 (i) relinquishment of parental rights; or
4 (ii) execution of a consent to adoption.
5 (2) A birth parent, or an intermediary acting on behalf
6 of the birth parent, who has not been offered adoption-
7 related counseling services and has:
8 (i) filed a petition to relinquish [his or her]
9 parental rights[,]; or [has]
10 (ii) executed a consent to adoption.[, and is in
11 need of counseling concerning the relinquishment or
12 consent, and the alternatives thereto, may apply to the
13 court for referral to an agency or qualified counselor
14 listed by a court pursuant to subsection (b) for the
15 purpose of receiving such counseling. The court, in its
16 discretion, may make such a referral where it is
17 satisfied that this counseling would be of benefit to the
18 parent.]
19 (d.1) County agency.--
20 (1) Within three business days of receiving the
21 application under subsection (d), the county agency must
22 notify the applicant of approval or disapproval of the
23 application. Disapproval must be in writing and include the
24 reason. Failure to comply with this paragraph shall be deemed
25 approval of the application.
26 (2) The county agency shall advise an approved applicant
27 of procedures to obtain adoption-related counseling services.
28 (3) The frequency of adoption-related counseling
29 services shall be determined by the county in accordance with
30 regulations, which take into account the needs of the parent,
20020H2822B4259 - 14 -
1 promulgated by the department.
2 (e) [Counseling fund] Funds.--
3 (1) Except as [hereinafter] provided in paragraph (2),
4 each report of intention to adopt filed pursuant to section
5 2531 (relating to report of intention to adopt) shall be
6 accompanied by a filing fee in the amount of $75 which shall
7 be [paid into a segregated fund established by] transferred
8 to the county[. The county may also make supplemental
9 appropriations to the fund] agency to pay for adoption-
10 related counseling services. All costs of adoption-related
11 counseling services provided pursuant to subsection (c) or
12 (d) to individuals who are unable to pay for such counseling
13 shall be paid from the fund. Costs related to adoption-
14 related counseling services for a birth parent whose child is
15 adjudicated dependent shall be considered a reimbursable
16 expenditure of the county agency as an adoption service, with
17 reimbursement to the county agency by the department of the
18 reasonable costs, under section 704.1(a)(6) of the act of
19 June 13, 1967 (P.L.31, No.21), known as the Public Welfare
20 Code.
21 (2) No filing fee may be exacted under this subsection
22 with respect to the adoption of a special needs child who
23 would be eligible for adoption assistance pursuant to
24 regulations promulgated by the [Department of Public Welfare]
25 department. In addition, the court may reduce or waive the
26 fee in cases of demonstrated financial hardship.
27 (3) On an annual basis, the county agency shall report
28 to the department all of the following:
29 (i) The amount of money made available to the county
30 agency through filing fees established in paragraph (1)
20020H2822B4259 - 15 -
1 and other sources of funding for adoption-related
2 counseling services.
3 (ii) The number of requests to the county agency for
4 referral to adoption-related counseling services.
5 (iii) The amount paid by the county agency for
6 adoption-related counseling services.
7 (iv) The estimated per-parent cost of adoption-
8 related counseling services.
9 Section 7. Section 2511(a)(3) and (6), (b) and (c) of Title
10 23 are amended and subsection (a) is amended by adding
11 paragraphs to read:
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 * * *
17 (3) The parent is the presumptive but not the [natural]
18 birth father of the child.
19 * * *
20 (6) In the case of a newborn child, the parent knows or
21 has reason to know of the child's birth, does not reside with
22 the child, [has not married the child's other parent,] has
23 failed for a period of four months immediately preceding the
24 filing of the petition to make reasonable efforts to maintain
25 substantial and continuing contact with the child and has
26 failed during the same four-month period to provide
27 substantial financial support for the child.
28 * * *
29 (9) The identity or whereabouts of the putative father
30 of the child is unknown and notice has been provided under
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1 section 2514 (relating to notice if putative father or his
2 whereabouts unknown).
3 (10) The parent has engaged in repeated and continued
4 abuse or neglect of the child, the child's sibling or another
5 child residing in the child's household.
6 (11) It is established by clear and convincing evidence
7 that the child, the child's sibling or another child residing
8 in the child's household has been the victim of any of the
9 following by the parent whose rights are to be involuntarily
10 terminated:
11 (i) Serious bodily injury, as defined in section
12 6303(a) (relating to definitions).
13 (ii) An offense under 18 Pa.C.S. Ch. 25 (relating to
14 criminal homicide).
15 (iii) Indecent contact, as defined in 18 Pa.C.S. §
16 3101 (relating to definitions).
17 (iv) An offense under any of the following
18 provisions of 18 Pa.C.S. (relating to crimes and
19 offenses):
20 Section 3121(a) (relating to rape).
21 Section 3122.1 (relating to statutory sexual
22 assault).
23 Section 3123 (relating to involuntary deviate
24 sexual intercourse).
25 Section 3124.1 (relating to sexual assault).
26 Section 3125 (relating to aggravated indecent
27 assault).
28 Section 3126 (relating to indecent assault).
29 Section 4302 (relating to incest).
30 Section 6312 (relating to sexual abuse of
20020H2822B4259 - 17 -
1 children).
2 Section 6320 (relating to sexual exploitation of
3 children).
4 (v) An offense in another jurisdiction similar to an
5 offense listed in this paragraph.
6 (b) Other considerations.--The court in terminating the
7 rights of a parent shall give primary consideration to the
8 developmental, physical and emotional needs and welfare of the
9 child. The rights of a parent shall not be terminated solely on
10 the basis of environmental factors such as inadequate housing,
11 furnishings, income, clothing and medical care if found to be
12 beyond the control of the parent. With respect to any petition
13 filed pursuant to subsection (a)(1), (2), (5), (6) or (8), the
14 court shall not consider any efforts by the parent to remedy the
15 conditions described therein which are first initiated
16 subsequent to the giving of notice of the filing of the
17 petition.
18 (c) Right to file personal and medical history
19 information.--At the time the decree of termination is
20 transmitted to the parent whose rights have been terminated, the
21 court shall advise the parent, in writing, of his or her
22 continuing right to place and update personal and medical
23 history information, whether or not the medical condition is in
24 existence or discoverable at the time of adoption, on file with
25 the court, the Department of Health and [with] the [Department
26 of Public Welfare] department pursuant to section 2905(d)
27 (relating to impounding of proceedings and access to records).
28 Section 8. Section 2512(a)(1) and (c) of Title 23 are
29 amended to read:
30 § 2512. Petition for involuntary termination.
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1 (a) Who may file.--A petition to terminate parental rights
2 with respect to a child under the age of 18 years may be filed
3 by any of the following:
4 (1) [Either] If an adoption by a stepparent is
5 contemplated, either parent when termination is sought with
6 respect to the other parent.
7 * * *
8 [(c) Father not identified.--If the petition does not
9 identify the father of the child, it shall state whether a claim
10 of paternity has been filed under section 8303 (relating to
11 claim of paternity).]
12 Section 9. Section 2513(b), (c) and (d) of Title 23 are
13 amended and the section is amended by adding a subsection to
14 read:
15 § 2513. Hearing.
16 * * *
17 (a.1) Custody of child.--During the pendency of a proceeding
18 under this section, unless the court directs otherwise, custody
19 of the child shall remain with the individual or agency that had
20 custody at the time the petition was filed.
21 (b) Notice.--At least ten days' notice shall be given to the
22 parent [or parents], putative father, or parent of a minor
23 parent whose rights are to be terminated, by personal service or
24 by registered mail to his or their last known address or by such
25 other means as the court may require. A copy of the notice shall
26 be given in the same manner to the other parent, putative father
27 or parent or guardian of a minor parent whose rights are to be
28 terminated. A putative father shall include one who has filed a
29 claim of paternity as provided in section 5103 (relating to
30 acknowledgment and claim of paternity) prior to the institution
20020H2822B4259 - 19 -
1 of proceedings. The notice shall state the following:
2 "A petition has been filed asking the court to put an end
3 to all rights you have to your child (insert name of child).
4 The court has set a hearing to consider ending your rights to
5 your child. That hearing will be held in (insert place,
6 giving reference to exact room and building number or
7 designation) on (insert date) at (insert time). You are
8 warned that even if you fail to appear at the scheduled
9 hearing, the hearing will go on without you and your rights
10 to your child may be ended by the court without [your] you
11 being present. You have a right to be represented at the
12 hearing by a lawyer. You should take this paper to your
13 lawyer at once. If you do not have a lawyer or cannot afford
14 one, go to or telephone the office set forth below to find
15 out where you can get legal help.
16 (Name)...................
17 (Address)................
18 .........................
19 (Telephone number)......."
20 (c) Mother competent witness on paternity issue.--The
21 [natural] birth mother shall be a competent witness as to
22 whether the presumptive or putative father is the [natural]
23 birth father of the child.
24 (d) Decree.--
25 (1) After hearing, which may be private, the court shall
26 make a finding relative to the pertinent provisions of
27 section 2511 (relating to grounds for involuntary
28 termination) and upon such finding may enter a decree of
29 termination of parental rights.
30 (2) Subject to paragraph (3), a decree of termination of
20020H2822B4259 - 20 -
1 parental rights terminates forever all the subject parent's
2 parental rights and duties with respect to the child,
3 including the obligation of support.
4 (3) A decree of termination of parental rights does not
5 extinguish the duty of a parent to pay arrearages for child
6 support.
7 Section 10. Title 23 is amended by adding a section to read:
8 § 2514. Notice if putative father or his whereabouts unknown.
9 (a) Reasonable efforts.--
10 (1) A petitioner under sections 2501 (relating to
11 relinquishment to agency), 2502 (relating to relinquishment
12 to adult intending to adopt child), 2512 (relating to
13 petition for involuntary termination) and 2711.1 (relating to
14 termination of parental rights pursuant to consent) must
15 establish that reasonable efforts were made to identify or
16 locate a putative father for the purpose of providing notice
17 in a proceeding under this part.
18 (2) In determining whether the petitioner's efforts to
19 provide notice were sufficient under this part, the court
20 shall consider all of the following:
21 (i) The extent to which inquiries were made as to
22 whether:
23 (A) The birth mother was married or cohabitating
24 with a man at the probable time of conception of the
25 child.
26 (B) The birth mother has received payments or
27 promises of support, other than from a governmental
28 agency, with respect to the child or because of her
29 pregnancy.
30 (C) The birth mother has named any individual as
20020H2822B4259 - 21 -
1 the father on the birth certificate of the child or
2 in connection with applying for or receiving public
3 assistance.
4 (D) An individual has formally or informally
5 acknowledged or claimed paternity of the child in a
6 jurisdiction in which the birth mother resided during
7 or since her pregnancy or in which the child has
8 resided or resides at the time of the inquiry.
9 (ii) Documentation that notice has been sent
10 unsuccessfully to the identified putative father at his
11 last known address.
12 (iii) Documentation that inquiry regarding the last
13 known address or residence of the putative father was
14 made to the following entities if applicable:
15 (A) Local post office.
16 (B) State agency with jurisdiction over drivers'
17 licenses.
18 (C) State agency with jurisdiction over public
19 assistance.
20 (D) State or local voter registration agency.
21 (E) State and local probation and parole
22 offices.
23 (b) Notice by publication.--If the petitioner can establish
24 that reasonable but unsuccessful efforts were made to identify
25 or locate a putative father, notice of the proceeding may be
26 given to the putative father by publication one time in both a
27 newspaper of general circulation and in the county legal journal
28 at least ten days before the date of the hearing. Proof of
29 publication of the notice provided under this subsection must be
30 submitted to the court.
20020H2822B4259 - 22 -
1 (c) Affidavit of service.--At the hearing on a petition to
2 terminate the parental rights of a putative father whose
3 identity or whereabouts are unknown, the petitioner must submit
4 to the court an affidavit of the reasonable efforts made to
5 identify or locate a putative father for the purpose of
6 providing notice of the proceedings.
7 (d) Determination by the court.--A specific finding must be
8 made by the court that reasonable efforts were made by the
9 petitioner under paragraph (1), including publication of notice
10 required under subsection (b), and that the putative father is
11 unknown or cannot be located for the purpose of providing
12 notice.
13 Section 11. Sections 2530 and 2531(b) of Title 23 are
14 amended to read:
15 § 2530. [Home study and preplacement report] Family profile.
16 (a) General rule.--No [intermediary shall place a] child may
17 be placed in the physical care or custody of a prospective
18 adoptive parent [or parents] unless a [home study] family
19 profile containing a favorable recommendation for placement of a
20 child with the prospective parent [or parents] has been
21 completed within three years prior thereto and which has been
22 supplemented within one year prior thereto. The [home study]
23 family profile shall be conducted by a local public child-care
24 agency[,] or an adoption agency [or a licensed social worker
25 designated by the court to perform such study]. The family
26 profile is not required if a parent or guardian places a child
27 directly with a relative of the child, as identified in section
28 2531(c) (relating to report of intention to adopt) for purposes
29 of adoption.
30 (b) [Preplacement report.--A preplacement report shall be
20020H2822B4259 - 23 -
1 prepared by the agency or person conducting the home study.]
2 Contents.--
3 (1) The [preplacement report] family profile shall set
4 forth all pertinent information relating to the parental
5 fitness of the adopting [parents as parents] parent.
6 (2) The [preplacement report] family profile shall be
7 based upon a study which shall include an investigation of
8 the home environment, family life, parenting skills, age,
9 physical and mental health, social, cultural and religious
10 background, facilities and resources of the adoptive
11 [parents] parent and [their] that parent's ability to manage
12 [their] resources. The [preplacement report] family profile
13 shall also include the information required by section
14 6344(b) (relating to information relating to prospective
15 child-care personnel), as well as a report of Federal
16 criminal history record information.
17 (3) The [preplacement report] family profile shall
18 include a determination regarding the parental fitness of the
19 adopting [parents as parents] parent.
20 (4) The [preplacement report] family profile shall be
21 dated and verified.
22 (5) The family profile shall be based on a personal
23 interview with the petitioner in the petitioner's residence.
24 (c) Interim placement.--Where a [home study] family profile
25 required under this section is in process, but not yet
26 completed, [an intermediary may place] a child may be placed in
27 the physical care or custody of a prospective adoptive parent
28 [or parents] if all of the following conditions are met:
29 (1) The [intermediary] agency preparing the family
30 profile has no reason to believe that the prospective
20020H2822B4259 - 24 -
1 adoptive parent [or parents] would not receive a favorable
2 recommendation for placement as a result of the [home study]
3 family profile.
4 (2) The [individual or] agency [conducting] preparing
5 the [home study] family profile assents to the interim
6 placement.
7 (3) The [intermediary] agency immediately notifies the
8 court of the interim placement and [the identity of the
9 individual or agency conducting the home study] that it is
10 preparing the family profile. If at any time prior to the
11 completion of the [home study] family profile, the court is
12 notified by the [individual or] agency [conducting] preparing
13 the [home study] family profile that it withdraws its assent
14 to the interim placement, the court may order the placement
15 of the child in temporary foster care with an agency until a
16 favorable recommendation for placement is received.
17 § 2531. Report of intention to adopt.
18 * * *
19 (b) Contents.--The report shall set forth:
20 (1) The circumstances surrounding the persons receiving
21 or retaining custody or physical care of the child, including
22 the date upon which a [preplacement investigation] family
23 profile was concluded.
24 (2) The name, sex, racial background, age, date and
25 place of birth and religious affiliation of the child.
26 (3) The name and address of the intermediary.
27 (4) An itemized accounting of moneys and consideration
28 paid or to be paid to the intermediary.
29 (5) Whether the parent [or parents] whose parental
30 rights are to be terminated [have] has received counseling
20020H2822B4259 - 25 -
1 with respect to the termination and the alternatives thereto.
2 If so, the report shall state the dates on which the
3 counseling was provided and the name and address of the
4 counselor or agency which provided the counseling.
5 (6) The name, address and signature of the person or
6 persons making the report. Immediately above the signature of
7 the person or persons intending to adopt the child shall
8 appear the following statement:
9 I acknowledge that I have been advised or know and
10 understand that the [natural] birth parent may revoke the
11 consent to the adoption of this child [until a court has
12 entered a decree terminating the parental rights and,
13 unless a decree terminating parental rights has been
14 entered, the natural parent may revoke] within 30 days of
15 signing the consent [until a court enters the final
16 adoption decree].
17 (7) A copy of the [preplacement report prepared pursuant
18 to section 2530 (relating to home study and preplacement
19 report).] family profile. The copy of the family profile must
20 be provided to the court within 30 days of filing the report.
21 (8) Either:
22 (i) a copy of the medical and personal history of
23 the birth parents; or
24 (ii) the reason that the copy under subparagraph (i)
25 has not been obtained.
26 When a person receives or retains custody or physical care of a
27 child from an agency, the report shall set forth only the name
28 and address of the agency, the circumstances surrounding such
29 person receiving or retaining custody or physical care of the
30 child and a copy of the [preplacement report] family profile
20020H2822B4259 - 26 -
1 prepared pursuant to section 2530 (relating to family profile).
2 * * *
3 Section 12. Title 23 is amended by adding a section to read:
4 § 2531.1. Criminal background checks for stepparent or relative
5 adoptions.
6 The criminal history record information required under
7 section 2530(b)(2) (relating to family profile) must be obtained
8 for any prospective adoptive parent who is a stepparent or other
9 relative of the adoptee. This information must be attached to
10 the petition for adoption.
11 Section 13. Section 2533(a), (b)(3) and (12) and (d)
12 introductory paragraph, (1) and (3) of Title 23 are amended and
13 subsections (b) and (d) are amended by adding paragraphs to
14 read:
15 § 2533. Report of intermediary.
16 (a) General rule.--Within six months after filing the report
17 of intention to adopt, the intermediary who or which arranged
18 the adoption placement of any child under the age of 18 years
19 shall make a written report under oath to the court in which the
20 petition for adoption will be filed and shall thereupon
21 forthwith notify in writing the adopting parent [or parents] of
22 the fact that the report has been filed and the date thereof.
23 (b) Contents.--The report shall set forth:
24 * * *
25 (3) The date of the placement of the child with the
26 adopting parent [or parents].
27 * * *
28 (12) A statement:
29 (i) that personal and medical history information
30 was obtained [and if not obtained, a statement]; or
20020H2822B4259 - 27 -
1 (ii) of the reason [therefor.] that the information
2 under subparagraph (i) was not obtained.
3 (13) A list of the dates of supervision of the adoptive
4 placement by the supervising agency.
5 * * *
6 (d) Permissible reimbursement of expenses.--Payments made by
7 the adoptive [parents] parent to an intermediary or a third
8 party for reimbursement of the following expenses, calculated
9 without regard to the income of the adoptive [parents] parent,
10 are permissible and are not in violation of 18 Pa.C.S. § 4305
11 (relating to dealing in infant children):
12 (1) Medical [and], hospital, nursing, pharmaceutical,
13 travel or other similar expenses incurred by the [natural
14 mother for prenatal care and those medical and hospital
15 expenses incurred by the natural] birth mother [and] or her
16 child incident to birth or any illness of the child.
17 * * *
18 (3) Reasonable expenses incurred by the agency or a
19 third party for adjustment counseling and training services
20 provided to the adoptive parents [and for home studies], for
21 family profiles or investigations.
22 * * *
23 (5) Expenses for adoption-related counseling services
24 for a birth parent or a child for a reasonable time before
25 and after the child's placement for adoption.
26 (6) Living expenses of a birth mother, which are limited
27 to food, clothing and shelter, for a reasonable time before
28 the birth of her child and for no more than six weeks after
29 the birth.
30 (7) Foster care expenses for a child who is not in the
20020H2822B4259 - 28 -
1 custody of a county agency.
2 (8) Expenses for legal services performed for a birth
3 parent who consents to the adoption of a child or
4 relinquishes the child to an agency.
5 (9) Expenses for any other service the court finds to be
6 reasonably necessary.
7 Section 14. Section 2534 of Title 23 is amended by adding
8 paragraphs to read:
9 § 2534. Exhibits.
10 The report of the intermediary shall have attached to it the
11 following exhibits:
12 * * *
13 (4) A copy of the supervisory reports prepared by the
14 supervising agency.
15 (5) If obtained, a copy of the medical and personal
16 history information of the birth parents.
17 Section 15. Section 2535(a) of Title 23 is amended to read:
18 § 2535. Investigation.
19 (a) General rule.--When a report required by section 2531
20 (relating to report of intention to adopt) has been filed, the
21 court shall cause an investigation to be made and a report to be
22 filed by a [local public child care] county agency[, a voluntary
23 child care] or an adoption agency with its consent [or an
24 appropriate person designated by the court]. In lieu of the
25 investigation, the court may accept an investigation made by the
26 agency which placed the child and the report of investigation in
27 such cases may be incorporated into the report of the
28 intermediary required by section 2533 (relating to report of
29 intermediary).
30 * * *
20020H2822B4259 - 29 -
1 Section 16. Title 23 is amended by adding a section to read:
2 § 2536. Postplacement supervision.
3 An agency supervising an adoption shall conduct postplacement
4 supervision, consisting of a minimum of three visits to the
5 adoptive home.
6 Section 17. Sections 2551, 2552, 2553, 2554, 2555, 2556 and
7 2558(2) of Title 23 are amended to read:
8 § 2551. Definitions.
9 The following words and phrases when used in this subchapter
10 shall have the meanings given to them in this section unless the
11 context clearly indicates otherwise:
12 ["Department." The Department of Public Welfare of the
13 Commonwealth.]
14 "[PACE] PAR." The Pennsylvania Adoption [Cooperative
15 Exchange] Registry established in section 2552 (relating to
16 Pennsylvania Adoption Registry).
17 § 2552. Pennsylvania Adoption [Cooperative Exchange] Registry.
18 There shall be a Pennsylvania Adoption [Cooperative Exchange]
19 Registry in the Office of Children, Youth and Families of the
20 [Department of Public Welfare] department.
21 § 2553. Registration of children.
22 (a) Mandatory registration.--[PACE] PAR shall register and
23 be responsible for the review and referral of children for whom
24 parental rights have been terminated for [90] 30 days and for
25 whom no report of intention to adopt has been filed in the court
26 of common pleas.
27 (b) Optional registration.--[PACE may also]
28 (1) PAR may register children [where] if:
29 (i) restoration to the biological family is neither
30 possible nor appropriate[,];
20020H2822B4259 - 30 -
1 (ii) a petition to terminate parental rights has
2 been filed; and
3 (iii) adoption is planned pending identification of
4 an adoptive parent [or parents. However, information].
5 (2) PAR may register children with a court-approved goal
6 of adoption if:
7 (i) the court-approved goal of adoption has not been
8 appealed within 30 days; and
9 (ii) a petition to terminate parental rights has not
10 been filed.
11 (3) Information about these children shall not be
12 publicized without prior approval by the department, which
13 shall ensure the anonymity of these children until such time
14 as parental rights are terminated.
15 (c) Children excluded from registration.--A child for whom
16 termination of parental rights is being appealed in a court
17 shall not be registered with [PACE] PAR as available for
18 adoption. Identifying information of such children shall be
19 forwarded to [PACE] PAR by the agency, with reference to the
20 specific reason for which the child is not to be placed on the
21 listing service.
22 § 2554. Responsibilities of [PACE] PAR.
23 [PACE] PAR shall be responsible for the following:
24 (1) Registration of adoptive parent applicants who have
25 been approved by agencies.
26 (2) Accumulation and dissemination of statistical
27 information regarding all children registered with [PACE]
28 PAR.
29 (3) Creation and administration of a public information
30 program designed to inform potential adoptive parents of the
20020H2822B4259 - 31 -
1 need for adoptive homes for children registered with [PACE]
2 PAR.
3 (4) Preparation and distribution of a photographic
4 listing service on children registered with [PACE] PAR.
5 (5) Preparation of annual [reports] report concerning
6 functions of [PACE] PAR regarding the children and the
7 prospective parents listed with [PACE] it. The [reports]
8 report shall be submitted annually by May 1 to the [Health
9 and Welfare and Judiciary Committees] Governor and the
10 appropriate standing committees of the Senate and of the
11 House of Representatives[, to the Public Health and Welfare
12 and Judiciary Committees of the Senate and to the Governor].
13 The report shall include program and fiscal information
14 regarding additional Commonwealth and local initiatives
15 involving the recruitment of families interested in adopting
16 a child with special needs. As used in this paragraph, the
17 term "child with special needs" means an "eligible child," as
18 defined in section 772 of the act of June 13, 1967 (P.L.31,
19 No.21), known as the Public Welfare Code.
20 (6) Coordination of its functions with other state,
21 regional and national adoption exchanges.
22 § 2555. Responsibilities of [public and private] agencies.
23 [All public and licensed private child service agencies] An
24 agency shall register with PAR all children [with PACE] for whom
25 parental rights have been terminated for [90] 30 days and for
26 whom no report of intention to adopt has been filed in the court
27 of common pleas. [A public or licensed private] An agency may
28 register other children as set forth in section 2553(b)
29 (relating to registration of children). An agency shall advise
30 prospective adopting parents of the existence of PAR.
20020H2822B4259 - 32 -
1 § 2556. Related activities of agencies unaffected.
2 This subchapter shall not be construed to limit or delay
3 actions by agencies [or institutions] to arrange for adoptions
4 or other related matters on their own initiative and shall not
5 alter or restrict the duties, authority and confidentiality of
6 the agencies [and institutions] in those matters.
7 § 2558. Retroactive application of subchapter.
8 This subchapter shall apply retroactively to all children for
9 whom:
10 * * *
11 (2) Restoration to the biological family is neither
12 possible nor appropriate, a petition to terminate parental
13 rights has been filed and adoption is planned pending
14 identification of an adoptive parent [or parents].
15 Section 18. Section 2701(1), (2) and (4) of Title 23 are
16 amended and the section is amended by adding paragraphs to read:
17 § 2701. Contents of petition for adoption.
18 A petition for adoption shall set forth:
19 (1) The full name, residence, marital status, age,
20 occupation, religious affiliation and racial background of
21 the adopting parent [or parents] and [their] the
22 relationship, if any, to the adoptee.
23 (2) That the reports under sections 2530 (relating to
24 [home study and preplacement report] family profile), 2531
25 (relating to report of intention to adopt) and 2533 (relating
26 to report of intermediary) have been filed, if required.
27 (2.1) That the criminal history record information,
28 including Federal and State criminal background checks,
29 required by sections 2530(b)(2) and 2531.1 (relating to
30 criminal background checks for stepparent or relative
20020H2822B4259 - 33 -
1 adoptions), has been filed with the court.
2 * * *
3 (4) The full name of the adoptee and the fact and length
4 of time of the residence of the adoptee with the adopting
5 parent [or parents].
6 * * *
7 (10) That an investigation required under section 2535
8 (relating to investigation) has been completed.
9 (11) Either:
10 (i) that the medical and personal history of the
11 birth parents has been obtained; or
12 (ii) the reason that the information under
13 subparagraph (i) has not been obtained.
14 (12) The dates of the supervision of the adoptive
15 placement.
16 Section 19. Section 2702 of Title 23 is amended by adding
17 paragraphs to read:
18 § 2702. Exhibits.
19 The petition shall have attached to it the following
20 exhibits:
21 * * *
22 (3) Any report of investigation required under section
23 2535 (relating to investigation).
24 (4) If obtained, the personal and medical history of the
25 birth parents.
26 (5) A copy of the postplacement supervisory reports.
27 Section 20. Section 2711(b), (c) and (d) of Title 23 are
28 amended and the section is amended by adding subsections to
29 read:
30 § 2711. Consents necessary to adoption.
20020H2822B4259 - 34 -
1 * * *
2 (b) Husband of natural mother.--The consent of the [husband
3 of the mother] presumptive father shall not be necessary if,
4 after notice to [the husband, it is proved to the satisfaction
5 of] him, the court finds, by clear and convincing evidence,
6 including testimony of the [natural] birth mother, that the
7 [husband of the natural mother] presumptive father is not the
8 [natural] birth father of the child. [Absent such proof, the
9 consent of a former husband of the natural mother shall be
10 required if he was the husband of the natural mother at any time
11 within one year prior to the birth of the adoptee.]
12 (c) Validity of consent.--[No] The consent of the birth
13 mother shall not be valid if it was executed prior to [or
14 within] 72 hours after the birth of the child. A presumptive or
15 putative father may execute a consent at any time after
16 receiving notice of the expected or actual birth of the child.
17 [Any consent given outside this Commonwealth shall be valid for
18 purpose of this section if it was given in accordance with the
19 laws of the jurisdiction where it was executed.] A consent to an
20 adoption [may only be revoked prior to the earlier of either the
21 entry of a decree of termination of parental rights or the entry
22 of a decree of adoption] is irrevocable 30 days after signing.
23 (c.1) Revocation of consent.--The revocation of a consent
24 shall be in writing and shall be [served upon] delivered, within
25 30 days after the consent is signed, to the agency or adult to
26 whom the child was relinquished.
27 (c.2) Consent from another jurisdiction.--The validity and
28 revocability of a consent to adoption or a similar document
29 executed outside this Commonwealth shall be determined by the
30 law of the jurisdiction in which the document was executed.
20020H2822B4259 - 35 -
1 (d) Contents of consent.--
2 (1) The consent of a parent of an adoptee under 18 years
3 of age shall set forth the name, age and marital status of
4 the parent, the relationship of the consenter to the child,
5 the name of the other parent [or parents] of the child and
6 the following:
7 I hereby voluntarily and unconditionally consent to
8 the adoption of the above named child.
9 I understand that by signing this consent I indicate
10 my intent to permanently give up all rights to this
11 child.
12 I understand such child will be placed for adoption.
13 I understand that I have a right to consult an
14 attorney who is not the attorney for the adopting
15 parents. I understand that if I am less than 18 years of
16 age, I must be represented by an attorney.
17 I have been informed of the meaning and consequences
18 of adoption.
19 I have been offered adoption-related counseling
20 services.
21 I understand the consequences of misidentifying the
22 other birth parent of the child.
23 I understand that I have the right to place personal
24 and medical history information on file with the court,
25 the Department of Health and the Department of Public
26 Welfare under section 2905(d) (relating to impounding of
27 proceedings and access to records).
28 I understand I may revoke this consent to permanently
29 give up all rights to this child by placing the
30 revocation in writing and [serving] delivering it [upon]
20020H2822B4259 - 36 -
1 to the agency or adult to whom the child was
2 relinquished, within 30 days after signing.
3 I understand I may not revoke this consent after [a
4 court has entered a decree confirming this consent or
5 otherwise terminating my parental rights to this child.
6 Even if a decree has not been entered terminating my
7 parental rights I may not revoke this consent after a
8 decree of adoption of this child is entered] 30 days.
9 I have read and understand the above and I am signing
10 it as a free and voluntary act.
11 (2) The consent shall include the date and place of its
12 execution and names and addresses and signatures of at least
13 two persons who witnessed its execution and their
14 relationship to the consenter.
15 (3) A consent to a proposed adoption may identify the
16 adopting parent.
17 (4) If a parent executing the consent is a minor, the
18 consent must state that the parent has been:
19 (i) represented by an attorney who is not
20 representing an adoptive parent; and
21 (ii) advised of the parent's legal rights.
22 (5) The consent must state that the parent has been
23 informed of the right to have an attorney who is not
24 representing an adoptive parent.
25 (6) The consent shall not be valid unless the parent
26 provides a written acknowledgment that adoption-related
27 counseling services have been offered. If counseling services
28 have been provided, the name and address of the agency which
29 provided the counseling must be set forth in the consent.
30 (e) Information.--Before executing a consent, a parent must
20020H2822B4259 - 37 -
1 be informed of the meaning and consequences of adoption, the
2 consequences of misidentifying the other birth parent, and the
3 right to place personal and medical history information on file
4 with the court, the Department of Health and the department
5 under section 2905(d).
6 Section 21. Title 23 is amended by adding a section to read:
7 § 2711.1. Termination of parental rights pursuant to consent.
8 (a) Petition.--
9 (1) If the parent of the child executes a consent to
10 adoption under section 2711 (relating to consents necessary
11 to adoption) and 30 days have passed since the execution of
12 the consent, the intermediary may petition the court to hold
13 a hearing for the purpose of determining whether the
14 irrevocable consent is valid under section 2711, and to
15 terminate parental rights pursuant to the consent. In the
16 case where there is no intermediary, the adopting parent may
17 file the petition.
18 (2) The original consent, and any other documentation
19 which demonstrates the validity of the consent, must be
20 attached to the petition.
21 (b) Hearing.--
22 (1) Upon presentation of a petition under subsection
23 (a), the court shall fix a time for a hearing not less than
24 ten days after filing of the petition.
25 (2) Notice of the hearing must be by personal service or
26 by registered mail to the last known address or by such other
27 means as the court may require upon the individual who
28 executed the consent and must be in the following form:
29 A petition has been filed asking the court to
30 determine the validity of the consent to adoption that
20020H2822B4259 - 38 -
1 you signed regarding your child (name of child). If the
2 court determines that your consent to the adoption of
3 your child is valid, your rights as a parent to your
4 child shall be terminated. The hearing will be held in
5 (insert place, giving reference to exact room and
6 building number or designation) on (insert date) at
7 (insert time). You are not required to attend the
8 hearing. You should take this paper to your lawyer at
9 once. If you do not have a lawyer or cannot afford one,
10 go to or telephone the office set forth below to find out
11 where you can get legal help.
12 (Name)...................
13 (Address)................
14 .........................
15 (Telephone number).......
16 (3) Notice of the hearing must be given to the other
17 parents, to the putative father and to the parent or guardian
18 of a consenting parent who has not reached 18 years of age.
19 (4) The notice which is given to the putative father
20 must state that his rights may also be subject to termination
21 under subsection (d) if he fails to file a written objection
22 to the termination with the court prior to the hearing or
23 fails to appear at the hearing for the purpose of objecting
24 to the termination of his rights. If the identity or
25 whereabouts of the putative father are unknown, notice must
26 be given under section 2514 (relating to notice if putative
27 father or his whereabouts unknown).
28 (c) Custody of child.--During the pendency of a proceeding
29 under this section, unless the court directs otherwise, custody
30 of the child shall remain with the individual or agency that had
20020H2822B4259 - 39 -
1 custody at the time the petition was filed.
2 (d) Termination of parental rights of putative father.--If a
3 putative father has been given notice of the hearing being held
4 under this section, the court may enter a decree terminating his
5 parental rights whether or not he has filed an acknowledgment of
6 paternity or claim of paternity under section 5103 (relating to
7 acknowledgment and claim of paternity), if any of the following
8 paragraphs apply:
9 (1) The putative father fails to:
10 (i) file a written objection to the termination of
11 his parental rights with the court prior to the hearing;
12 or
13 (ii) appear at the hearing for the purpose of
14 objecting to such termination.
15 (2) The court determines, after a hearing, that the
16 putative father has failed to:
17 (i) provide substantial financial support for the
18 child; or
19 (ii) make substantial and ongoing provision for the
20 child's care.
21 (e) Right to file personal and medical history
22 information.--At the time the decree of termination is
23 transmitted to the parent, the court shall, in writing, advise
24 the parent whose rights have been terminated of the parent's
25 continuing right to place and update personal and medical
26 history information, on file with the court, the Department of
27 Health and the department under section 2905(d) (relating to
28 impounding of proceedings and access to records).
29 Section 22. Section 2712 of Title 23 is amended to read:
30 [§ 2712. Consents not naming adopting parents.
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1 A consent to a proposed adoption meeting all the requirements
2 of this part but which does not name or otherwise identify the
3 adopting parent or parents shall be valid if it contains a
4 statement that it is voluntarily executed without disclosure of
5 the name or other identification of the adopting parent or
6 parents.]
7 Section 23. Title 23 is amended by adding a section to read:
8 § 2715. Judicial set-aside.
9 A consent which is otherwise irrevocable under section 2711
10 (relating to consents necessary to adoption) or a decree
11 terminating parental rights under section 2711.1 (relating to
12 termination of parental rights pursuant to consent) shall be set
13 aside by the court, before a decree of adoption is entered,
14 under any of the following circumstances:
15 (1) It is proven by clear and convincing evidence that
16 the consent was obtained by fraud or duress.
17 (2) The parental rights of the other birth parent have
18 not been terminated, except for an adoption by a stepparent.
19 (3) A prospective adoptive parent named in the consent
20 fails to file a petition for adoption.
21 (4) The petition for adoption filed by a prospective
22 parent named in the consent is denied or withdrawn.
23 Section 24. Sections 2721, 2722, 2723, 2724(b), 2725, 2901,
24 2902, 2904 and 2905 of Title 23 are amended to read:
25 § 2721. Notice of adoption hearing.
26 The court shall fix a time and place for the adoption
27 hearing. Notice of the hearing shall be given to all persons
28 whose consents are required and to such other persons as the
29 court shall direct. Notice to the parent [or parents] of the
30 adoptee, if required, may be given by the intermediary or
20020H2822B4259 - 41 -
1 someone acting on his behalf. Notice shall be by personal
2 service or by registered mail to the last known address of the
3 person to be notified or in such other manner as the court shall
4 direct.
5 § 2722. Place of adoption hearing.
6 The adoption hearing shall be private or in open court as the
7 court deems appropriate.
8 § 2723. Attendance at adoption hearing.
9 The adopting parent [or parents] and the adoptee must appear
10 at and, if required, testify at the adoption hearing under oath
11 unless the court determines their presence is unnecessary. In
12 addition, the court may require the appearance and testimony of
13 all persons whose consents are required by this part and
14 representatives of agencies or individuals who have acted as an
15 intermediary if their appearance or testimony would be necessary
16 or helpful to the court.
17 § 2724. Testimony and investigation.
18 * * *
19 (b) Investigation.--The court may request that an
20 investigation be made by a [person or public] county agency or,
21 with its consent, [a voluntary] an adoption agency,
22 [specifically] designated by the court to verify the statements
23 of the petition and such other facts that will give the court
24 full knowledge of the desirability of the proposed adoption, [or
25 the court may rely in whole or in part upon a report] unless an
26 earlier investigation has been made under section 2535 (relating
27 to investigation). In any case, the age, sex, health, social and
28 economic status or racial, ethnic or religious background of the
29 child or adopting [parents] parent shall not preclude an
30 adoption but the court shall decide its desirability on the
20020H2822B4259 - 42 -
1 basis of the physical, mental and emotional needs and welfare of
2 the child.
3 * * *
4 § 2725. Religious belief.
5 The intermediary may honor the preference of the [natural]
6 birth parents as to the religious faith in which the adoptive
7 parents intend to rear the adopted child. No person shall be
8 denied the benefits of this part because of a religious belief
9 in the use of spiritual means or prayer for healing.
10 § 2901. Time of entry of decree of adoption.
11 Unless the court for cause shown determines otherwise, no
12 decree of adoption shall be entered unless the [natural parent
13 or] parents' rights have been terminated, the investigation
14 required by section 2535 (relating to investigation) or 2724(b)
15 (relating to testimony and investigation) has been completed,
16 the report of the intermediary has been filed pursuant to
17 section 2533 (relating to report of intermediary) and all other
18 legal requirements have been met. If all legal requirements have
19 been met, the court may enter a decree of adoption at any time.
20 § 2902. Requirements and form of decree of adoption.
21 (a) General rule.--If satisfied that the statements made in
22 the adoption petition are true, that the needs and welfare of
23 the person proposed to be adopted will be promoted by the
24 adoption and that all requirements of this part have been met,
25 the court shall enter a decree so finding and directing that the
26 person proposed to be adopted shall have all the rights of a
27 child and heir of the adopting parent [or parents] and shall be
28 subject to the duties of a child to [him or them] the adopting
29 parent.
30 (b) Withdrawal or dismissal of petition.--In any case in
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1 which the adoption petition is withdrawn or dismissed, the court
2 shall enter an appropriate order in regard to the custody of the
3 child.
4 (c) Finality.--
5 (1) A decree or order issued under this part may not be
6 set aside, vacated, annulled or reversed upon application of
7 a person who waived notice or who was properly served with
8 notice under this part and failed to respond or appear or to
9 file an answer within the time allowed.
10 (2) A decree of adoption or other order issued under
11 this part is not subject to a challenge filed more than 60
12 days after the decree or order is issued.
13 § 2904. Name of adoptee.
14 If requested by the petitioners, the decree may provide that
15 the adoptee shall assume the name of the adopting parent [or
16 parents] and any given first or middle names that may be chosen.
17 § 2905. Impounding of proceedings and access to records.
18 (a) General rule.--All petitions, exhibits, reports, notes
19 of testimony, decrees, and other papers pertaining to any
20 proceeding under this part or former statutes relating to
21 adoption shall be kept in the files of the court as a permanent
22 record thereof and withheld from inspection [except on an order
23 of court granted upon cause shown or] except as [otherwise]
24 provided in this section. Only the court in the county in which
25 an adoption was finalized, the agency that handled the adoption
26 or a successor agency authorized by the court may access records
27 relating to the adoption for purposes of releasing
28 nonidentifying or identifying information pursuant to this
29 section. Any report required to be filed under sections 2530
30 (relating to [home study and preplacement report] family
20020H2822B4259 - 44 -
1 profile), 2531 (relating to report of intention to adopt) [and],
2 2535 (relating to investigation) and 2724(b) (relating to
3 testimony and investigation) shall be made available to parties
4 to an adoption proceeding only after all identifying names and
5 addresses in the report have been extirpated by the court.
6 (b) Petition to court or request to agency for [limited]
7 nonidentifying information.--[Upon petition by any adoptee at
8 least 18 years of age or, if less than 18, his adoptive parent
9 or legal guardian to the court in the judicial district in which
10 the permanent records relating to the adoption have been
11 impounded, the court shall furnish to the adoptee as much
12 information concerning the adoptee's natural parents as will not
13 endanger the anonymity of the natural parents. The information
14 shall first be reviewed, in camera, by the court to insure that
15 no information is revealed which would endanger the anonymity of
16 the natural parents. The court shall, upon motion of the
17 adoptee, examine the entire record to determine if any
18 additional information can safely be revealed without
19 endangering the anonymity of the natural parents.] If the court
20 or agency receives a petition or request for nonidentifying
21 information from an adoptee who is at least 18 years of age or
22 from an adoptive parent or legal guardian of an adoptee who is
23 under 18 years of age, it shall notify the petitioner or
24 requester within 30 days whether it has in its possession any
25 records relating to the adoptee. If records are located, the
26 court or agency shall, within 90 days, review the records and
27 furnish to the petitioner or requester information concerning
28 the adoption which will not compromise the confidentiality of
29 the biological relationship between the adoptee and the
30 adoptee's birth parent. Unless the court or agency determines,
20020H2822B4259 - 45 -
1 due to unusual circumstances, that disclosure of one or more of
2 these items may facilitate the identification of the birth
3 parents or their extended family, nonidentifying information
4 about the birth parents shall include, to the extent available,
5 the following:
6 (1) Race/ethnic background.
7 (2) Religion.
8 (3) Approximate ages at time of adoptee's birth.
9 (4) Marital status.
10 (5) Occupation.
11 (6) Physical description. This paragraph includes
12 height, weight, complexion, eye and hair color.
13 (7) Education.
14 (8) Hobbies.
15 (9) Medical information of birth parents and adoptee.
16 (10) Other children at time of adoptee's birth,
17 including age and sex.
18 (11) Circumstances leading to adoption.
19 (c) [Access to identity of natural parents] Petition to
20 court or request to agency for identifying information or
21 contact.--
22 [(1) Upon petition of an adoptee at least 18 years of
23 age or, if less than 18, his adoptive parent or legal
24 guardian, the court may also, through its designated agent,
25 attempt to contact the natural parents, if known, to obtain
26 their consent to release their identity and present place of
27 residence to the adoptee. The petition may state the reasons
28 why the adoptee desires to contact his natural parents, which
29 reasons shall be disclosed to the natural parents if
30 contacted. However, the court and its agents shall take care
20020H2822B4259 - 46 -
1 that none but the natural parents themselves are informed of
2 the adoptee's existence and relationship to them. The court
3 may refuse to contact the natural parents if it believes
4 that, under the circumstances, there would be a substantial
5 risk that persons other than the natural parents would learn
6 of the adoptee's existence and relationship to the natural
7 parents. The court shall appoint either the county children
8 and youth agency, or a private agency which provides adoption
9 services in accordance with standards established by the
10 Department of Public Welfare, to contact the natural parents
11 as its designated agent.
12 (2) In addition to petitioning the court to contact the
13 natural parents, an adoptee at least 18 years of age or, if
14 less than 18, his adoptive parent or legal guardian may
15 request the agency that placed the adoptee to contact his
16 natural parents. If the agency agrees to attempt to contact
17 the natural parents, it shall do so pursuant to the same
18 safeguards provided for court inquiries in paragraph (1).
19 (3) If the court or an agency contacts the natural
20 parents of an adoptee pursuant to a petition or request made
21 under paragraph (1) or (2), except as hereinafter provided,
22 information relating to both natural parents shall only be
23 disclosed to the adoptee if both natural parents agree to the
24 disclosure. If both of the natural parents are deceased,
25 their identities may be disclosed. If one parent is deceased,
26 his or her identity may be disclosed. If only one parent
27 agrees to the disclosure, then only the information relating
28 to the agreeing parent shall be disclosed.
29 (4) The Department of Public Welfare may, by regulation,
30 prescribe procedures related to contact of natural parents by
20020H2822B4259 - 47 -
1 designated agents of the court.]
2 (1) A petition or request for identifying information or
3 contact may be made by the following individuals:
4 (i) An adoptee 18 years of age or older.
5 (ii) The adoptive parent or legal guardian of an
6 adoptee under 18 years of age.
7 (iii) The birth parent of an adoptee 21 years of age
8 or older.
9 (iv) The parents of a birth parent of an adoptee 21
10 years of age or older if the birth parent is deceased or
11 has been legally adjudicated incapacitated.
12 (v) A birth sibling of an adoptee, if:
13 (A) the birth sibling and the adoptee are 21
14 years of age or older;
15 (B) the birth sibling remained in the custody of
16 the birth parent; and
17 (C) the birth parent:
18 (I) consents;
19 (II) is deceased; or
20 (III) has been legally adjudicated
21 incapacitated.
22 (vi) A birth sibling of an adoptee if both the birth
23 sibling and adoptee are at least 21 years of age and:
24 (A) both the birth sibling and the adoptee were
25 adopted out of the same birth family; or
26 (B) the birth sibling remained in foster care.
27 (2) The following individuals may be the subject of a
28 search:
29 (i) An adoptee 21 years of age or older.
30 (ii) A birth parent.
20020H2822B4259 - 48 -
1 (iii) A parent of a birth parent of an adoptee 21
2 years of age or older if the birth parent is deceased or
3 has been legally adjudicated incapacitated.
4 (iv) A birth sibling of an adoptee if both the
5 adoptee and the birth sibling are at least 21 years of
6 age and:
7 (A) both the birth sibling and the adoptee were
8 adopted out of the same birth family; or
9 (B) the birth sibling remained in foster care.
10 (3) If the court or agency receives a petition or
11 request for identifying information or contact, within 60
12 days it shall do all of the following:
13 (i) Determine whether it has in its possession any
14 records relating to the adoptee.
15 (ii) Notify any other court or agency listed in its
16 records of the existence of a petition or request.
17 (iii) Notify the individual filing the petition or
18 request of its findings pursuant to this subsection.
19 (4) If records are located, a good faith search for
20 identifying information shall be commenced within 90 days.
21 The search shall only be conducted by the court in which the
22 adoption was finalized; by the agency which handled the
23 adoption; by a successor, by merger or acquisition, of the
24 agency which handled the adoption; or, if neither the agency
25 nor a successor exists, by an agency authorized by the court.
26 The court or agency shall appoint an authorized
27 representative to conduct a search. The following apply:
28 (i) The representative shall review the court and
29 agency records for identifying information regarding the
30 birth or adoptive family.
20020H2822B4259 - 49 -
1 (ii) The representative shall use reasonable efforts
2 to locate the subject of a search.
3 (iii) If the subject of a search is located, the
4 representative shall obtain written authorization from
5 the subject before identifying information can be
6 released or contact between the parties is made.
7 (iv) If the petitioner is an adoptee seeking the
8 identity of a birth parent, the identity of a deceased
9 parent may be disclosed. If the petitioner is an adoptee
10 seeking the identity of both birth parents and only one
11 birth parent agrees to the disclosure, only the
12 information relating to the agreeing birth parent shall
13 be disclosed.
14 (5) The department shall make available to authorized
15 representatives a standardized training program on conducting
16 searches under this part.
17 (c.1) Limitations of search.--No representative of the court
18 or agency conducting the search shall be required to make
19 inquiries which the representative believes may compromise the
20 confidentiality of the biological relationship between the
21 adoptee and the adoptee's birth parent.
22 (c.2) Refusal to search.--Notwithstanding subsection (c),
23 the following apply:
24 (1) An agency receiving a request for identifying
25 information or contact may decline to perform a search if it
26 is satisfied that the request could cause physical or
27 emotional harm to the petitioner or others. The declining
28 agency shall refer the request to the court which handled the
29 adoption and inform the court of its reasons for declining
30 the petitioner's request. The agency shall notify the
20020H2822B4259 - 50 -
1 petitioner of the referral and identify the court to which
2 the referral was made.
3 (2) A court receiving a petition for identifying
4 information or contact may decline to perform a search if it
5 is satisfied that the request could cause physical or
6 emotional harm to the petitioner or others.
7 (d) Disclosure of information.--
8 (1) No disclosure of information shall be made by the
9 court, an agency, the Department of Health or any other
10 Commonwealth agency regarding the adopted person's original
11 certificate of birth or regarding the documents of proof on
12 which the amended certificate of birth is based or relating
13 in any way to the [natural] birth parents unless the
14 disclosure is made pursuant to the provisions of this
15 section.
16 (2) Notwithstanding any other provision in this section
17 to the contrary, the [natural] birth parents may, at the time
18 of the termination of their parental rights pursuant to
19 Chapter 25 (relating to proceedings prior to petition to
20 adopt) or at any time thereafter, place on file, with the
21 court and with the Department of Health, a consent form
22 granting permission for the court or the department to
23 disclose the information contained in the adoptee's original
24 certificate of birth, or any other identifying or
25 nonidentifying information pertaining to the [natural] birth
26 parents, at any time after the adoptee attains the age of 18
27 or, if less than 18, to his adoptive parent or legal
28 guardian. If both parents give their consent, the information
29 on the birth certificate may be disclosed. If only one parent
30 gives consent, only the identity of the consenting parent
20020H2822B4259 - 51 -
1 shall be disclosed. The [natural parents] birth parent shall
2 be entitled to update those records, as necessary, to reflect
3 the [natural] birth parent's current address or any other
4 information pertaining to the [natural parents] birth parent.
5 The [information may only be disclosed upon the request of
6 the adoptee or his adoptive parent or legal guardian, and
7 the] consent of the [natural] birth parents may be withdrawn
8 at any time by filing a withdrawal of consent form with the
9 court and the department. The department shall prescribe by
10 regulation the procedure and forms to be utilized for the
11 giving, updating and withdrawal of the consent.
12 (3) An adoptee at least 18 years of age or, if less than
13 18 years of age, the parent or legal guardian of the adoptee
14 shall have access to any original or updated medical history
15 information on file with the court which entered the decree
16 of termination or the [Department of Public Welfare]
17 department. No medical history information shall be released
18 which would [endanger the anonymity of the natural parents.]
19 compromise the confidentiality of the biological relationship
20 between the adoptee and the adoptee's birth parents.
21 (e) Immunity from liability.--Any person or agency,
22 including the Commonwealth or its political subdivision, that in
23 good faith acted or failed to act concerning any requirement of
24 this section shall be immune from civil or criminal liability
25 due to providing or refusing to provide services under this
26 section. In any proceeding, the good faith of a person or agency
27 acting under this section shall be presumed.
28 (f) Costs and fees.--A court or agency providing services
29 under subsection (b) or (c) may establish a schedule of fees for
30 services. The fees shall be reasonably related to the direct and
20020H2822B4259 - 52 -
1 indirect costs associated with providing services.
2 Section 25. Title 23 is amended by adding a section to read:
3 § 2905.1. Mutual consent registry.
4 The department shall do all of the following:
5 (1) Establish a Statewide confidential registry for
6 receiving, filing and retaining documents requesting,
7 authorizing or prohibiting the release of identifying
8 information or contact.
9 (2) Prescribe and distribute forms or documents on which
10 an individual may request, authorize or refuse to authorize
11 the release of identifying information or contact.
12 (3) Devise a procedure for releasing identifying
13 information in the possession of the court or agency which
14 handled the adoption, upon receipt of an appropriate written
15 request and authorization.
16 (4) Cooperate with registries in other states to
17 facilitate the matching of documents under this chapter by
18 individuals in different states.
19 (5) Announce and publicize to the general public the
20 existence of the registry and the procedure for the
21 consensual release of identifying information or contact.
22 Section 26. Sections 2906, 2907, 2908, 2909 and 2910 of
23 Title 23 are amended to read:
24 § 2906. Docket entries.
25 Upon the filing of any decree under this part, the clerk
26 shall enter on the docket an entry showing the date of the
27 decree. Information identifying the [natural] birth parents
28 shall not be entered on the docket.
29 § 2907. Certificate of adoption.
30 The clerk shall issue to the adopting parent [or parents] a
20020H2822B4259 - 53 -
1 certificate reciting that the court has granted the adoption.
2 The certificate shall not disclose the name of any [natural]
3 birth parent or the original name of the person adopted. The
4 certificate shall be accepted in any legal proceedings in this
5 Commonwealth as evidence of the fact that the adoption has been
6 granted.
7 § 2908. Foreign decree of adoption.
8 When a decree of adoption of a minor is made or entered in
9 conformity with the laws of another state or a foreign country
10 whereby a child is adopted by a resident of this Commonwealth, a
11 copy of the final decree, properly authenticated, may be filed
12 with the clerk in the county of residence of the adopting
13 [parents] parent. The decree and such other documents as may be
14 filed therewith shall be kept in the files of the court as a
15 permanent record thereof and shall be withheld from inspection
16 except on order of court granted upon cause shown. Upon the
17 filing of a foreign decree of adoption, the clerk shall enter
18 upon the docket an entry showing the foreign court,
19 identification of the proceedings therein and the date of the
20 decree. Information identifying the [natural] birth parents
21 shall not be required.
22 § 2909. Medical history information.
23 (a) Delivery of information.--Prior to the finalization of
24 an adoption, medical history information shall, where
25 practicable, be delivered by the attending physician or other
26 designated person to the intermediary who shall deliver such
27 information to the adopting [parents] parent or [their] parent's
28 physician. In cases where there is no intermediary, medical
29 history information shall be delivered directly to the adopting
30 [parents] parent or [their] parent's physician.
20020H2822B4259 - 54 -
1 (b) Editing of information.--Except as provided in section
2 2905 (relating to impounding of proceedings and access to
3 records), medical history information shall be edited before
4 delivery or release by the [Department of Public Welfare]
5 department so as to remove any contents which would identify the
6 adoptee's [natural] birth family.
7 (c) Availability of information forms.--The [Department of
8 Public Welfare] department shall[, upon request, make available]
9 distribute to courts[,] and adoption agencies [and], and make
10 available upon request to individuals, medical history
11 information forms that enable parents whose rights have been
12 terminated to register and update medical history information
13 with the [Department of Public Welfare] department and with the
14 court which entered the decree of termination.
15 (c.1) Release of updated information.--Medical history
16 information may be updated by a birth parent at any time. If the
17 court which entered the decree of termination, the department or
18 the agency which placed the child for adoption receives updated
19 medical history information from a birth parent, it may deliver
20 such information, as edited under subsection (b), to the adoptee
21 or, if the adoptee is under 18 years of age, to the adoptive
22 parent or guardian of the adoptee. Nothing in this part shall
23 make the court, the department or an adoption agency liable for
24 the accuracy of any updated medical history information so
25 provided.
26 (d) Regulations.--The [Department of Public Welfare]
27 department shall, in consultation with the Department of Health,
28 prescribe by regulation the procedure to be utilized and to
29 develop the content of medical history information forms.
30 § 2910. Penalty for unauthorized disclosure.
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1 Any officer or employee of the court, other than a judge
2 thereof, the Department of Health, the [Department of Public
3 Welfare] department or any agency who willfully discloses
4 impounded or otherwise confidential information relating to an
5 adoption, other than as expressly authorized and provided in
6 this chapter, commits a misdemeanor of the third degree.
7 Section 27. The amendment or addition of the following
8 provisions of Title 23 shall apply to actions initiated on or
9 after the effective date of this act:
10 (1) Section 2102.
11 (2) Section 2313.
12 (3) Section 2501(a).
13 (4) Section 2502(a) and (c).
14 (5) Section 2503(b)(3), (c) and (d).
15 (6) Section 2504.
16 (7) Section 2505(c) and (d.1).
17 (8) Section 2511(a)(3) and (9) through (11).
18 (9) Section 2512(a)(1) and (c).
19 (10) Section 2513(c) and (d).
20 (11) Section 2514.
21 (12) Section 2531(b).
22 (13) Section 2535(a).
23 (14) Section 2701(2), (2.1) and (10).
24 (15) Section 2702(3).
25 (16) Section 2711(b), (c), (c.2), (d) and (e).
26 (17) Section 2711.1.
27 (18) Section 2712.
28 (19) Section 2715.
29 (20) Section 2724(b).
30 (21) Section 2901.
20020H2822B4259 - 56 -
1 (22) Section 2902(c).
2 (23) Section 2905(b), (c) and (c.2).
3 Section 28. This act shall take effect in 60 days.
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