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PRINTER'S NO. 169
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
57
Session of
2017
INTRODUCED BY PETRI, D. COSTA, DOWLING, PHILLIPS-HILL, MILLARD,
MURT, STAATS, WATSON AND DeLUCA, JANUARY 25, 2017
REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, JANUARY 25, 2017
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 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[.] unless the petitioner requests a later
date, in which case the hearing shall be scheduled not later
than 30 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
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paternity pursuant to section 5103 (relating to
acknowledgment and claim of paternity) and fails to either
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
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court prior to the hearing; or
(2) appear at that hearing for the purpose of objecting
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.--
(1) 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
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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 hearing.
(2) 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.--
(1) 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.
(2) 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.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
" Diligent search." A search made to identify and locate a
parent or putative father for the purpose of providing notice in
an adoption proceeding. A diligent search shall include, but not
be limited to, all of the following:
(1) An inquiry to the United States Postal Service to
determine the last known address of the individual.
(2) An inquiry to or search of the records of the
Department of Human Services, or its equivalent in the state
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in which the individual may reside, including public
assistance or benefits, child support payments and any other
records maintained by the department that may contain a last
known address for the subject of the inquiry.
(3) An inquiry to or search of the records of the
Department of Transportation, or its equivalent in the state
in which the individual may reside, relating to personal
identification, driver's licensing, vehicle registration,
traffic violations and other driving or vehicle related
records that may contain a last known address for the subject
of the inquiry.
(4) An inquiry to or search of the records of the
Department of Corrections, the Department of State and the
Department of Revenue or their equivalents in the state in
which the individual may reside, that may contain a last
known address for the subject of the inquiry.
(5) A search of marriage and divorce records, wills and
estates, deeds and land records and any other public records
filed with the jurisdiction in which the individual may
reside.
(6) Inquiries to local law enforcement agencies and
databases in the jurisdiction in which the individual may
reside.
(7) An inquiry to the Pennsylvania State Police or other
statewide law enforcement entities in the state where the
person may reside.
(8) An inquiry to or search of the records of the armed
forces of the United States as to whether there is any
information as to the person.
(9) An Internet search, including online search engines,
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social media, genealogy websites and any other online source
that may provide the current residence or whereabouts of the
subject of the inquiry.
(10) An inquiry to the United States Department of
Homeland Security.
(11) An inquiry to the United States Department of
State.
(12) Any other source the court determines to be
necessary to identify and locate a parent or putative father
for the purpose of providing notice in an adoption
proceeding.
Section 4. Section 2711(c) of Title 23 is amended and the
section is amended by adding subsections 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
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.
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(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
decree.
(ii) A consent to an adoption may be invalidated
only if the alleged fraud or duress under subparagraph
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(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.--
(1) 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.
(2) 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. 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. This act shall take effect in 60 days.
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