THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY PETRI, BOYD, CALTAGIRONE, D. COSTA, DENLINGER, GEIST, MILLARD, MILLER, MURT, PICKETT, RAPP AND WATSON, FEBRUARY 4, 2011

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 4, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in adoption, further providing for

report of intention to adopt and for consents necessary to

adoption; repealing provisions relating to consents not

naming adopting parents; and further providing for notice of

hearing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2531(b)(6) and 2711(c) and (d) of Title

23 of the Pennsylvania Consolidated Statutes are amended to

read:

§ 2531.  Report of intention to adopt.

* * *

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

* * *

(6)  The name, address and signature of the person or

persons making the report. Immediately above the signature of

the person or persons intending to adopt the child shall

appear the following statement:

I acknowledge that I have been advised or know and

understand that the birth father or putative father may

revoke the consent to the adoption of this child within

[30 days] 96 hours after the later of the birth of the

child or the date he has executed the consent to an

adoption and that the birth mother may revoke the consent

to an adoption of this child within [30 days] 96 hours 

after the date she has executed the consent.

* * *

§ 2711.  Consents necessary to adoption.

* * *

(c)  Validity of consent.--

(1)  No consent shall be valid if it was executed prior

to or within 72 hours after the birth of the child. A

putative father may execute a consent at any time after

receiving notice of the expected or actual birth of the

child.

(2)  If consent is executed by the putative father prior

to the birth of the child, the child shall be named "Baby

(Mother's Last Name)" for the purpose of the consent. Further

notice as required by section 2721 (relating to notice of

hearing) to the putative father is not necessary if consent

is executed prior to the birth of the child. Further notice

as required by section 2721 is not required to the natural

mother or her husband if consent was timely executed.

(3)  Any consent given outside this Commonwealth shall be

valid for purposes of this section if it was given in

accordance with the laws of the jurisdiction where it was

executed.

(4)  A consent to an adoption may only be revoked as set

forth in this subsection. The revocation of a consent shall

be in writing and shall be served upon the agency or adult to

whom the child was relinquished. [The following apply:]

(c.1)  Nature of consent.--

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

(i)  For a consent to an adoption executed by a birth

father or a putative father, the consent is irrevocable

more than [30 days] 96 hours after the birth of the child

or the execution of the consent, whichever occurs later.

(ii)  For a consent to an adoption executed by a

birth mother, the consent is irrevocable more than [30

days] 96 hours after the execution of the consent.

(2)  An individual may not waive the revocation period

under paragraph (1).

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

(i)  An individual who executed a consent to an

adoption may challenge the validity of the consent only

by filing a petition alleging fraud or duress [within the

earlier of the following time frames:

(A)  Sixty days after the birth of the child or

the execution of the consent, whichever occurs later.

(B)  Thirty days after the entry of the adoption

decree.] prior to the termination of parental rights.

(ii)  A consent to an adoption may be invalidated

only if the alleged fraud or duress under subparagraph

(i) is proven by:

(A)  a preponderance of the evidence in the case

of consent by a person 21 years of age or younger; or

(B)  clear and convincing evidence in all other

cases.

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

and the individual has executed a consent to an adoption, the

individual has no further standing to contest the adoption or

to revoke his or her consent.

(d)  Contents of consent.--

(1)  The consent of a parent of an adoptee under 18 years

of age shall set forth the name, age and marital status of

the parent, the relationship of the consenter to the child,

the name of the other parent or parents of the child and the

following:

I hereby voluntarily and unconditionally consent to

the adoption of the above named child.

I understand that by signing this consent I indicate

my intent to permanently give up all rights to this

child.

I understand such child will be placed for adoption.

I understand I may revoke this consent to permanently

give up all rights to this child by placing the

revocation in writing and serving it upon the agency or

adult to whom the child was relinquished.

If I am the birth father or putative father of the

child, I understand that this consent to an adoption is

irrevocable unless I revoke it within [30 days] 96 hours 

after either the birth of the child or my execution of

the consent, whichever occurs later, by delivering a

written revocation to (insert the name and address of the

agency coordinating the adoption) or (insert the name and

address of an attorney who represents the individual

relinquishing parental rights or prospective adoptive

parent of the child) or (insert the court of the county

in which the voluntary relinquishment form was or will be

filed).

If I am the birth mother of the child, I understand

that this consent to an adoption is irrevocable unless I

revoke it within [30 days] 96 hours after executing it by

delivering a written revocation to (insert the name and

address of the agency coordinating the adoption) or

(insert the name and address of an attorney who

represents the individual relinquishing parental rights

or prospective adoptive parent of the child) or (insert

the court of the county in which the voluntary

relinquishment form was or will be filed).

I have read and understand the above and I am signing

it as a free and voluntary act.

(2)  The consent shall include the date and place of its

execution and names and addresses and signatures of at least

two persons who witnessed its execution and their

relationship to the consenter.

Section 2.  Section 2712 of Title 23 is repealed:

[§ 2712.  Consents not naming adopting parents.

A consent to a proposed adoption meeting all the requirements

of this part but which does not name or otherwise identify the

adopting parent or parents shall be valid if it contains a

statement that it is voluntarily executed without disclosure of

the name or other identification of the adopting parent or

parents.]

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

§ 2721.  Notice of hearing.

The court shall fix a time and place for hearing. Notice of

the hearing shall be given to all persons whose consents are

required and to such other persons as the court shall direct.

Notice to the parent or parents of the adoptee[, if required,

may be given by the intermediary or someone acting on his

behalf.] is not required if the parents have consented to the

adoption and parental rights have been terminated. Notice shall

be by personal service or by registered mail to the last known

address of the person to be notified or in such other manner as

the court shall direct.

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