A10314
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
1525
Session of
2015
INTRODUCED BY PETRI, WATSON, COHEN, HARHART, MILLARD, D. PARKER,
PICKETT AND ZIMMERMAN, OCTOBER 14, 2015
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, OCTOBER 14, 2015
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in adoption, further providing for
definitions, for hearing and, for petition for involuntary
termination, providing for notice if identity or whereabouts
of parent or putative father unknown, further providing and
for consents necessary to adoption and repealing provisions
relating to consents not naming adopting parents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2102 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 2102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Denial of paternity." The written statement of a
presumptive father or putative father declaring all of the
following:
(1) The individual is not the father of the child.
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(2) The individual does not acknowledge paternity of the
child.
(3) No court has determined that the individual is the
father of the child.
(4) The individual has no interests in proceedings under
this part concerning the child.
"Household." A group of people who reside together in the
same housing unit.
* * *
"Putative father." An alleged birth father of a child
conceived or born out of wedlock whose parental status has not
been legally established.
Section 2. Sections 2503(a), (b)(3) and (d) and 2512(c) of
Title 23 are amended to read:
§ 2503. Hearing.
(a) General rule.--Upon presentation of a petition prepared
pursuant to section 2501 (relating to relinquishment to agency)
or section 2502 (relating to relinquishment to adult intending
to adopt child), the court shall fix a time for hearing which
shall not be less than ten days, nor more than 20 days, after
filing of the petition. The petitioner must appear at the
hearing.
(b) Notice.--
* * *
(3) The [copy of the notice which is given to the]
putative father shall [state that his rights may also be
subject to termination pursuant to subsection (d) if he fails
to file either an acknowledgment of paternity or claim of
paternity pursuant to section 5103 (relating to
acknowledgment and claim of paternity) and fails to either
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appear at the hearing for the purpose of objecting to the
termination of his rights or file a written objection to such
termination with the court prior to the hearing.] be given
notice in the form provided in section 2513(b) (relating to
hearing). If the identity or whereabouts of the putative
father is unknown, notice shall be given under section
2514(b) (relating to notice if identity or whereabouts of
parent or putative father unknown). Notice under this
paragraph shall state that the putative father's rights may
also be terminated under subsection (d) if any of the
following apply:
(i) He fails to file with the court prior to the
hearing a written objection to the termination.
(ii) He fails to appear at the hearing for the
purpose of objecting to the termination of his rights.
* * *
(d) [Putative father] Termination of putative father's
parental rights.--If a putative father [will not file a petition
to voluntarily relinquish his parental rights pursuant to
section 2501 (relating to relinquishment to agency) or 2502
(relating to relinquishment to adult intending to adopt child),]
has been given notice of the hearing being held pursuant to this
section [and], the court may enter a decree terminating his
parental rights, whether or not the putative father has filed a
claim of paternity under section 5103(b) (relating to
acknowledgment and claim of paternity), if the putative father
fails to [either]:
(1) file a written objection to the termination with the
court prior to the hearing; or
(2) appear at that hearing for the purpose of objecting
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to termination of his parental rights [or file a written
objection to such termination with the court prior to the
hearing and has not filed an acknowledgment of paternity or
claim of paternity pursuant to section 5103, the court may
enter a decree terminating the parental rights of the
putative father pursuant to subsection (c)].
* * *
§ 2512. Petition for involuntary termination.
* * *
[(c) Father not identified.--If the petition does not
identify the father of the child, it shall state whether a claim
of paternity has been filed under section 8303 (relating to
claim of paternity).]
Section 3. Title 23 is amended by adding a section to read:
§ 2514. Notice if identity or whereabouts of parent or putative
father unknown.
(a) Diligent search.--A petitioner under sections 2501
(relating to relinquishment to agency), 2502 (relating to
relinquishment to adult intending to adopt child), 2504
(relating to alternative procedure for relinquishment) and 2512
(relating to petition for involuntary termination) must
establish that a diligent search has been made to identify or
locate a parent or putative father for the purpose of providing
notice in a proceeding under this part.
(b) Notice by publication.--If the petitioner can establish
that an unsuccessful diligent search has been made to identify
or locate a parent or putative father, notice of the proceeding
may be given to the parent or putative father by publication one
time in both a newspaper of general circulation and in the
county legal journal at least 10 days before the date of the
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hearing. Proof of publication of the notice provided under this
subsection must be submitted to the court.
(c) Waiver of diligent search and publication of notice.--If
the putative father knows or has reason to know of the child's
birth, and the putative father has failed to make reasonable
efforts to maintain substantial and continuing contact with the
child and provide substantial financial support for the child,
the court may waive the requirement for a diligent search and
the publication of notice. Notice to a putative father shall be
considered given under this section if the court waives the
requirement for a diligent search and the publication of notice
and makes a specific determination that additional efforts to
locate or identify the putative father and provide notice do not
serve the best interests of the child.
Section 4 3. Section 2711(c) of Title 23 is amended and the
section is amended by adding a subsection to read:
§ 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],
except that the presumptive father or putative father may
execute a consent or a denial of paternity 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
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is executed prior to the birth of the child. Further notice
as required by section 2721 is not required to the birth
mother or her husband if consent is valid.
(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 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 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
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decree.
(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.
* * *
(e) Waiver of notice requirements.--A birth mother, father
or putative father who has consented to an adoption may execute
a waiver of notice of all legal proceedings concerning the
child. A person who has executed a waiver of further notice
under this subsection shall be provided with the advisement
required by section 2504(d) (relating to alternative procedure
for relinquishment) of the continuing right to file personal and
medical history pursuant to Subchapter B of Chapter 29 (relating
to records and access to information).
Section 5 4. 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 6 5. This act shall take effect in 60 days.
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