PRIOR PRINTER'S NO. 2121 PRINTER'S NO. 2587
No. 1789 Session of 1981
INTRODUCED BY HAGARTY, CORNELL, REBER, NOYE, NAHILL, COCHRAN,
HORGOS, SPENCER, CAWLEY, PRATT, DAIKELER, SAURMAN, BROWN,
MICOZZIE, KOWALYSHYN, SHOWERS, MAIALE, FREIND, VROON, MORRIS,
J. L. WRIGHT, SALVATORE, WILSON, KUKOVICH, SIEMINSKI, SNYDER
AND ARTY, AUGUST 17, 1981
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, NOVEMBER 24, 1981
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for adoption.
3 The General Assembly of the Commonwealth of Pennsylvania
4 hereby enacts as follows:
5 Section 1. Section 2502(a) 2102 of Title 23, act of November <--
6 25, 1970 (P.L.707, No.230), known as the Pennsylvania
7 Consolidated Statutes, is amended BY ADDING A DEFINITION to <--
8 read:
9 § 2102. DEFINITIONS. <--
10 THE FOLLOWING WORDS AND PHRASES WHEN USED IN THIS PART SHALL
11 HAVE, UNLESS THE CONTEXT CLEARLY INDICATES OTHERWISE, THE
12 MEANINGS GIVEN TO THEM IN THIS SECTION:
13 * * *
14 "MEDICAL HISTORY INFORMATION." MEDICAL RECORDS AND OTHER
15 INFORMATION CONCERNING AN ADOPTEE OR AN ADOPTEE'S NATURAL FAMILY
16 WHICH IS RELEVANT TO THE ADOPTEE'S PRESENT OR FUTURE HEALTH CARE
1 OR MEDICAL TREATMENT. THE TERM INCLUDES OTHERWISE CONFIDENTIAL
2 OR PRIVILEGED INFORMATION PROVIDED THAT IDENTIFYING CONTENTS
3 HAVE BEEN REMOVED PURSUANT TO SECTION 2909 (RELATING TO MEDICAL
4 HISTORY INFORMATION).
5 * * *
6 SECTION 2. SECTION 2502(A) OF TITLE 23 IS AMENDED TO READ:
7 § 2502. Relinquishment to adult intending to adopt child.
8 (a) Petition.--When any child under the age of 18 years has
9 been for a minimum period of [30] 20 days in the exclusive care
10 of an adult or adults who have filed a report of intention to
11 adopt required by section 2531 (relating to report of intention
12 to adopt), the parent or parents of the child may petition the
13 court for permission to relinquish forever all parental rights
14 to their child.
15 * * *
16 SECTION 3. SECTION 2503(B) OF TITLE 23 IS AMENDED AND A <--
17 SUBSECTION IS ADDED TO READ:
18 § 2503. HEARING.
19 * * *
20 (B) NOTICE.--NOTICE TO THE PETITIONER SHALL BE IN THE FORM
21 PROVIDED IN SECTION 2513(B) (RELATING TO HEARING). NOTICE OF THE
22 HEARING SHALL BE GIVEN TO THE OTHER PARENT, TO THE PUTATIVE
23 FATHER WHOSE PARENTAL RIGHTS COULD BE TERMINATED PURSUANT TO
24 SUBSECTION (D) AND TO THE PARENTS OR GUARDIAN OF A PETITIONER
25 WHO HAS NOT REACHED 18 YEARS OF AGE.
26 * * *
27 (D) PUTATIVE FATHER.--IF A PUTATIVE FATHER WILL NOT FILE A
28 PETITION TO VOLUNTARILY RELINQUISH HIS PARENTAL RIGHTS PURSUANT
29 TO SECTION 2501 (RELATING TO RELINQUISHMENT TO AGENCY) OR 2502
30 (RELATING TO RELINQUISHMENT TO ADULT INTENDING TO ADOPT CHILD)
19810H1789B2587 - 2 -
1 AND HAS NOT FILED AN ACKNOWLEDGMENT OF PATERNITY OR CLAIM OF
2 PATERNITY PURSUANT TO SECTION 8302 (RELATING TO ACKNOWLEDGMENT
3 OF PATERNITY) OR 8303 (RELATING TO CLAIM OF PATERNITY), THE
4 COURT MAY ENTER A DECREE TERMINATING THE PARENTAL RIGHTS OF THE
5 PUTATIVE FATHER PURSUANT TO SUBSECTION (C).
6 Section 2 4. Title 23 is amended by adding a section <--
7 SECTIONS to read: <--
8 § 2504. Alternative procedure for relinquishment.
9 (a) Petition to confirm consent to adoption.--If the parent
10 or parents of the child have executed consents to an adoption as
11 required by section 2711 (relating to consents necessary to
12 adoption) but have failed for a period of 40 days after
13 executing the consent to file or proceed with the petition for
14 voluntary relinquishment of parental rights provided for in this
15 subchapter, the intermediary may petition the court to hold a
16 hearing for the purpose of confirming the intention of the
17 parent or parents to voluntarily relinquish their rights and
18 duties as evidenced by the consent or consents to the adoption,
19 the original of which shall be attached to the petition. In the
20 case where there is no intermediary, the adoptive parent or
21 parents may file the petition.
22 (b) Validity of consent.--No consent shall be valid if it
23 was executed prior to or within 72 hours after the birth of the
24 child. Any consent given outside this Commonwealth shall be
25 valid for purposes of this section if it was given in accordance
26 with the laws of the jurisdiction where it was executed. A
27 consent to an adoption may only be revoked prior to the earlier
28 of either the entry of a decree of termination of parental
29 rights or the entry of a decree of adoption. The revocation of a
30 consent shall be in writing and shall be served upon the agency
19810H1789B2587 - 3 -
1 or adult to whom the child was relinquished.
2 (c) Contents of consent.--
3 (1) The consent shall set forth the name, address, age
4 and marital status of the parent, the relationship of the
5 consenter to the child, the name and address of the other
6 parent or parents of the child and 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 I may not revoke this consent after a
14 court has entered a decree confirming this consent or
15 otherwise terminating my parental rights to this child.
16 Even if a decree has not been entered terminating my
17 parental rights I may not revoke this consent after a
18 decree of adoption of this child is entered.
19 I have read and understand the above and I am signing
20 it as a free and voluntary act.
21 (2) The consent shall include the date and place of its
22 execution and names and addresses of all persons who witness <--
23 AND SIGNATURES OF AT LEAST TWO PERSONS WHO WITNESSED its <--
24 execution and their relationship to the consenter.
25 (d) Hearing.--Upon presentation of a petition filed pursuant
26 to this section, the court shall fix a time for a hearing which
27 shall not be less than ten days after filing of the petition.
28 Notice of the hearing shall be personally served upon the
29 consenter and shall be in the form provided in section 2513(b)
30 (relating to hearing). Notice of the hearing shall be given to
19810H1789B2587 - 4 -
1 the other parent or parents, TO THE PUTATIVE FATHER WHOSE <--
2 PARENTAL RIGHTS COULD BE TERMINATED PURSUANT TO SUBSECTION (E)
3 and to the parents or guardian of a consenting parent who has
4 not reached 18 years of age. After hearing, which shall be
5 private, the court may enter a decree of termination of parental
6 rights in the case of a relinquishment to an adult or a decree
7 of termination of parental rights and duties, including the
8 obligation of support, in the case of a relinquishment to an
9 agency.
10 (E) PUTATIVE FATHER.--IF A PUTATIVE FATHER WILL NOT EXECUTE <--
11 A CONSENT TO AN ADOPTION AS REQUIRED BY SECTION 2711 (RELATING
12 TO CONSENTS NECESSARY TO ADOPTION) AND HAS NOT FILED AN
13 ACKNOWLEDGMENT OF PATERNITY OR CLAIM OF PATERNITY PURSUANT TO
14 SECTION 8302 (RELATING TO ACKNOWLEDGMENT OF PATERNITY) OR 8303
15 (RELATING TO CLAIM OF PATERNITY), THE COURT MAY ENTER A DECREE
16 TERMINATING THE PARENTAL RIGHTS OF THE PUTATIVE FATHER PURSUANT
17 TO SUBSECTION (D).
18 § 2505. COUNSELING.
19 (A) LIST OF COUNSELORS.--ANY HOSPITAL OR OTHER FACILITY
20 PROVIDING MATERNITY CARE SHALL PROVIDE A LIST OF AVAILABLE
21 COUNSELORS AND COUNSELING SERVICES COMPILED PURSUANT TO
22 SUBSECTION (B) TO MATERNITY PATIENTS WHO ARE KNOWN TO BE
23 CONSIDERING RELINQUISHMENT OR TERMINATION OF PARENTAL RIGHTS
24 PURSUANT TO THIS PART.
25 (B) COMPILATION OF LIST.--THE COURT SHALL COMPILE A LIST OF
26 COUNSELORS AND COUNSELING SERVICES WHICH ARE AVAILABLE TO
27 COUNSEL NATURAL PARENTS WHO ARE CONTEMPLATING RELINQUISHMENT OR
28 TERMINATION OF PARENTAL RIGHTS PURSUANT TO THIS ACT. SUCH LIST
29 SHALL BE MADE AVAILABLE UPON REQUEST TO ANY AGENCY,
30 INTERMEDIARY, HOSPITAL OR OTHER FACILITY PROVIDING MATERNITY
19810H1789B2587 - 5 -
1 CARE.
2 Section 3 5. Sections 2513(b) and 2531(b) of Title 23 are <--
3 amended to read:
4 § 2513. Hearing.
5 * * *
6 (b) Notice.--At least ten days' notice shall be given to the
7 parent or parents, putative parent, or parent of a minor parent
8 whose rights are to be terminated, by registered mail to his or
9 their last known address or by such other means as the court may
10 require. A putative parent shall include one who has filed a
11 claim of paternity as provided in section 8303 (relating to
12 claim of paternity) prior to the institution of proceedings. The
13 notice shall state the following:
14 "A petition has been filed asking the court to put an end
15 to all rights you have to your child (insert name of child).
16 The court has set a hearing to consider ending your rights to
17 your child. That hearing will be held in (insert place,
18 giving reference to exact room and building number or
19 designation) on (insert date) at (insert time). [If you do
20 not appear at this hearing, the court may decide that you are
21 not interested in retaining your rights to your child and
22 your failure to appear may affect the court's decision on
23 whether to end your rights to your child.] You are warned
24 that even if you fail to appear at the scheduled hearing, the
25 hearing will go on without you and your rights to your child
26 may be ended by the court without your being present. You
27 have a right to be represented at the hearing by a lawyer.
28 You should take this paper to your lawyer at once. If you do
29 not have a lawyer or cannot afford one, go to or telephone
30 the office set forth below to find out where you can get
19810H1789B2587 - 6 -
1 legal help.
2 (Name)...................
3 (Address)................
4 .........................
5 (Telephone number)......"
6 * * *
7 § 2531. Report of intention to adopt.
8 * * *
9 (b) Contents.--The report shall set forth:
10 (1) The circumstances surrounding the persons receiving
11 or retaining custody or physical care of the child.
12 (2) The name, sex, racial background, age, date and
13 place of birth and religious affiliation of the child.
14 (3) The name and address of the intermediary.
15 (4) An itemized accounting of moneys and consideration
16 paid or to be paid to the intermediary.
17 (5) The name [and], address and signature of the person
18 or persons making the report. Immediately above the signature
19 of the person or persons intending to adopt the child shall
20 appear the following statement:
21 I acknowledge that I have been advised or know and
22 understand that the natural parent may revoke the consent
23 to the adoption of this child until a court has entered a
24 decree terminating the parental rights and, unless a
25 decree terminating parental rights has been entered, the
26 natural parent may revoke the consent until a court
27 enters the final adoption decree.
28 When a person receives or retains custody or physical care of a
29 child from an agency the report shall set forth only the name
30 and address of the agency and the circumstances surrounding such
19810H1789B2587 - 7 -
1 person receiving or retaining custody or physical care of the
2 child.
3 * * *
4 SECTION 6. SECTION 2533 OF TITLE 23 IS AMENDED BY ADDING A <--
5 SUBSECTION TO READ:
6 § 2533. REPORT OF INTERMEDIARY.
7 * * *
8 (C) APPROPRIATE RELIEF.--THE COURT MAY PROVIDE APPROPRIATE
9 RELIEF WHERE IT FINDS THAT THE MONEYS OR CONSIDERATION REPORTED
10 OR REPORTABLE PURSUANT TO SUBSECTION (B)(8) ARE EXCESSIVE.
11 SECTION 7. SECTION 2901 OF TITLE 23 IS AMENDED TO READ:
12 § 2901. TIME OF ENTRY OF DECREE OF ADOPTION.
13 UNLESS THE COURT FOR CAUSE SHOWN DETERMINES OTHERWISE, NO
14 DECREE OF ADOPTION SHALL BE ENTERED UNLESS THE [ADOPTEE HAS
15 RESIDED WITH THE PETITIONER FOR AT LEAST SIX MONTHS PRIOR
16 THERETO OR, IN LIEU OF SUCH RESIDENCE, THE ADOPTEE IS AT LEAST
17 18 YEARS OF AGE OR IS RELATED BY BLOOD OR MARRIAGE TO THE
18 PETITIONER] NATURAL PARENT OR PARENTS' RIGHTS HAVE BEEN
19 TERMINATED, THE INVESTIGATION REQUIRED BY SECTION 2535 (RELATING
20 TO INVESTIGATION) HAS BEEN COMPLETED, THE REPORT OF THE
21 INTERMEDIARY HAS BEEN FILED PURSUANT TO SECTION 2533 (RELATING
22 TO REPORT OF INTERMEDIARY) AND ALL OTHER LEGAL REQUIREMENTS HAVE
23 BEEN MET. IF ALL LEGAL REQUIREMENTS HAVE BEEN MET, THE COURT MAY
24 ENTER A DECREE OF ADOPTION AT ANY TIME.
25 SECTION 8. TITLE 23 IS AMENDED BY ADDING A SECTION TO READ:
26 § 2909. MEDICAL HISTORY INFORMATION.
27 (A) DELIVERY OF INFORMATION.--MEDICAL HISTORY INFORMATION
28 SHALL, WHERE PRACTICABLE, BE DELIVERED BY THE ATTENDING
29 PHYSICIAN OR OTHER DESIGNATED PERSON TO THE INTERMEDIARY WHO
30 SHALL DELIVER SUCH INFORMATION TO THE ADOPTING PARENTS OR THEIR
19810H1789B2587 - 8 -
1 PHYSICIAN. IN CASES WHERE THERE IS NO INTERMEDIARY, MEDICAL
2 HISTORY INFORMATION SHALL BE DELIVERED DIRECTLY TO THE ADOPTING
3 PARENTS OR THEIR PHYSICIAN.
4 (B) EDITING OF INFORMATION.--IN ALL CASES, MEDICAL HISTORY
5 INFORMATION SHALL BE EDITED BEFORE DELIVERY SO AS TO REMOVE ANY
6 CONTENTS WHICH WOULD IDENTIFY THE ADOPTEE'S NATURAL FAMILY.
7 (C) REGULATIONS.--THE PENNSYLVANIA DEPARTMENT OF HEALTH
8 SHALL IMPLEMENT THE PROVISIONS OF THIS SECTION BY REGULATION.
9 SECTION 9. EXCEPT FOR THE PROVISIONS OF 23 PA.C.S. § 2909
10 WHICH SHALL TAKE EFFECT IN ONE YEAR, THIS ACT SHALL TAKE EFFECT
11 IN 60 DAYS.
12 Section 4. This act shall take effect in 60 days. <--
H11L23DGS/19810H1789B2587 - 9 -