AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in adoption, further providing for
3original birth record.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Section 2937 of Title 23 of the Pennsylvania
7Consolidated Statutes, is amended to read:

8§ 2937. Original birth record.

<-9[(a) General rule.--No disclosure of information shall be
10made by a court, an agency, the Department of Health or any
11other Commonwealth agency regarding an adoptee's original birth
12record or regarding the documents or proof on which an amended
13certificate of birth is based or relating in any way to the
14birth parents unless the disclosure is made pursuant to the
15provisions of this section.

16(b) Filing of consent to issue copy of summary of original
 

1birth record.--

2(1) The birth parents may, at the time their parental
3rights are terminated or at any time thereafter, place on
4file with the court and the Department of Health a consent
5form granting permission for the court or the Department of
6Health to issue a copy of the summary of the adoptee's
7original birth record, which summary discloses the identity
8of the birth parents, at any time after the adoptee turns 18
9years of age or, if less than 18 years of age, to the
10adoptive parent or legal guardian.

11(2) If only one birth parent has filed a consent, a copy
12of the summary of the original birth record naming only the
13consenting birth parent shall be issued.

14(3) The consent of a birth parent may be withdrawn at
15any time by filing a withdrawal of consent form with the
16court and the Department of Health.

17(c) Duty of Department of Health.--The Department of Health
18shall prescribe by regulation the procedure and forms to be
19utilized for the giving, updating and withdrawal of consent.<-]

<-20(d) Exception.--Notwithstanding the provisions of this
21section, the Bureau of Vital Statistics of the Department of
22Health shall disclose, at the written request of an adoptee, the
23original or amended certificate of birth of the adoptee in
24accordance with the provisions of the act of June 29, 1953
25(P.L.304, No.66), known as the Vital Statistics Law of 1953.

<-26(a) General rule.--Notwithstanding any other provision of
27law, an adoptee who is 19 years of age or older may apply to the
28Department of Health for a copy of the summary of the adoptee's
29original birth record. The Department of Health shall issue a
30copy of the summary of the adoptee's original birth record

1within 45 days of receipt of an application, if the application
2complies with the requirements of subsection (b).

3(b) Application.--An application under this section shall be
4in a form acceptable to the Department of Health and shall
5include the following information:

6(1) The adoptee's current name and name assumed at the
7time of adoption.

8(2) The adoptee's address.

9(3) The adoptee's age and date of birth.

10(4) The adoptee's gender at birth.

11(5) Proof of identification.

12(6) The adoptee's telephone number.

13(7) Any other information required by the Department of
14Health, but only to the extent the information is necessary
15for the Department of Health to verify the identity of the
16applicant, locate the relevant records or provide a copy of
17the summary of the adoptee's original birth record to the
18adoptee.

19(c) Application procedures.--The Department of Health shall
20develop policies and procedures necessary to comply with this
21section within 180 days of the effective date of this
22subsection.

23(d) Fee.--The Department of Health may charge a fee for 
24issuing a copy of the summary of an adoptee's original birth 
25record as required by this section. The fee charged shall not 
26exceed the fee for a certified copy of an original birth record 
27provided in section 609-A of the act of April 9, 1929 (P.L.177, 
28No.175), known as The Administrative Code of 1929.

29Section 2. This act shall take effect <-April 25, 2014, or in 
3060 days, whichever is later. <-as follows:

1(1) Except as set forth in paragraph (2), the amendment
2of 23 Pa.C.S. § 2937 shall take effect in 60 days.

3(2) The addition of 23 Pa.C.S. § 2937(c) shall take
4effect immediately.

5(3) The remainder of this act shall take effect
6immediately.