PRINTER'S NO. 1687
No. 1471 Session of 1991
INTRODUCED BY HECKLER, FARGO, MELIO, TRELLO, NAHILL, JOHNSON,
BILLOW, NICKOL, STRITTMATTER, BELFANTI, WOGAN, LAUGHLIN,
MERRY, KRUSZEWSKI, M. N. WRIGHT, S. H. SMITH, CLYMER AND
GEIST, MAY 15, 1991
REFERRED TO COMMITTEE ON JUDICIARY, MAY 15, 1991
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for duties of the
3 clerk of the orphans' court division and district justices
4 and for fees relating to marriages; authorizing certain
5 officers in home rule municipalities to solemnize marriages;
6 making technical and editorial corrections; and making a
7 repeal.
8 The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10 Section 1. Sections 1104, 1105, 1301, 1304(b), 1305(d),
11 1306, 1309 and 1503(a) of Title 23 of the Pennsylvania
12 Consolidated Statutes, added December 19, 1990 (P.L.1240,
13 No.206), are amended to read:
14 § 1104. Forms.
15 Marriage license applications, consent certificates, marriage
16 licenses and other necessary forms shall be supplied to the
17 clerk at the expense of the county and shall be uniform
18 throughout this Commonwealth as prescribed by the department.
19 Statements of physicians and laboratories relative to
1 examinations for syphilis shall be prepared and furnished by the
2 department.
3 § 1105. Fees.
4 [(a) General rule.--]The fee to be charged for issuing a
5 marriage license or declaration and for returns thereof to the
6 department shall be [$3 of which $2.50 shall be retained by the
7 county wherein the license is issued and 50¢ shall be remitted
8 to the Commonwealth.
9 (b) Transmitting Commonwealth moneys.--All moneys collected
10 under this section for the Commonwealth shall be transmitted to
11 the State Treasurer no later than the tenth day of the following
12 month.] the amount provided by law, of which 50¢ shall be
13 remitted to the Commonwealth. There shall be an additional
14 charge of $10 which shall be forwarded to the Commonwealth as
15 provided by law and shall be used by the Department of Public
16 Welfare for victims of domestic violence in accordance with the
17 provisions of section 2333 of the act of April 9, 1929 (P.L.177,
18 No.175), known as The Administrative Code of 1929. The foregoing
19 fee and charge is in addition to the surcharge provided by
20 section 8 of the act of December 15, 1988 (P.L.1235, No.151),
21 known as the Children's Trust Fund Act, which shall be forwarded
22 to the Commonwealth for payment into the Children's Trust Fund.
23 The Commonwealth shall certify that the additional charges will
24 not be used to supplant Federal and State funds otherwise
25 available for domestic violence services or for the purposes of
26 the Children's Trust Fund.
27 § 1301. Marriage license required.
28 (a) General rule.--No person shall be joined in marriage in
29 this Commonwealth until a marriage license has been obtained
30 from the clerk.
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1 (b) Place of marriage ceremony.--A license issued under this
2 part shall authorize a marriage ceremony to be performed in any
3 county of this Commonwealth.
4 (c) Identity of applicants.--Prior to issuance of the
5 license, the [person issuing the license] clerk must be
6 satisfied as to the identity of both of the applicants.
7 § 1304. Restrictions on issuance of license.
8 * * *
9 (b) Minors.--
10 (1) No marriage license may be issued if either of the
11 applicants for a license is under 16 years of age unless the
12 court decides that it is to the best interest of the
13 applicant and authorizes the issuance of the license.
14 (2) No marriage license may be issued if either of the
15 applicants is under 18 years of age unless the consent of a
16 parent or guardian of the applicant is personally given
17 before the [person issuing the license] clerk or is certified
18 under the hand of a parent or guardian attested by two adult
19 witnesses and, in the latter case, the signature of the
20 parent or guardian is acknowledged before an officer
21 authorized by law to take acknowledgments. When the minor has
22 no guardian and a judge of the court is absent or not
23 accessible for any reason, the office issuing the license may
24 appoint a guardian pro hac vice for the minor.
25 * * *
26 § 1305. Examination and tests for syphilis.
27 * * *
28 (d) Forms and confidentiality.--The statements of the
29 physician who examined the applicant and the laboratory which
30 made the serological test shall be uniform throughout this
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1 Commonwealth and shall be upon forms provided by the department.
2 These forms shall be filed by the clerk separately from the
3 applications for marriage licenses and shall be regarded as
4 absolutely confidential by every person whose duty it may be to
5 obtain, make, transmit or receive the information or report.
6 § 1306. Oral examination.
7 (a) General rule.--Each of the applicants for a marriage
8 license shall appear in person before the clerk of the county in
9 which the license is to be issued and shall be examined under
10 oath or affirmation as to:
11 (1) The legality of the contemplated marriage.
12 (2) Any prior marriage or marriages and its or their
13 dissolution.
14 (3) The restrictions set forth in section 1304 (relating
15 to restrictions on issuance of license).
16 (4) All the information required to be furnished on the
17 application for license as prepared and approved by the
18 department.
19 (b) District justices.--In those judicial districts where
20 the president judge has issued an order authorizing marriage
21 applications to be completed by district justices, each
22 applicant for a marriage license may appear and be examined as
23 provided in subsection (a) by the district justice or an
24 employee of the district justice. Upon the completion of the
25 application on the forms provided by the clerk, the application
26 shall be promptly transmitted to the clerk of the county in
27 which the license is to be issued.
28 § 1309. Filing applications and consent certificates.
29 The applications for marriage licenses and consent
30 certificates shall be immediately filed with the clerk and
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1 docketed as public records.
2 § 1503. Persons qualified to solemnize marriages.
3 (a) General rule.--The following are authorized to solemnize
4 marriages between persons that produce a marriage license issued
5 under this part:
6 (1) A justice, judge or district justice of this
7 Commonwealth.
8 (2) A former or retired justice, judge or district
9 justice of this Commonwealth who is serving as a senior judge
10 or senior district justice as provided or prescribed by law.
11 (3) An active or senior judge or full-time magistrate of
12 the District Courts of the United States for the Eastern,
13 Middle or Western District of Pennsylvania.
14 (4) An active or senior judge of the United States Court
15 of Appeals for the Third Circuit who is a resident of this
16 Commonwealth.
17 (5) A mayor of any city or borough of this Commonwealth
18 or the comparable officer in a municipality which has adopted
19 a home rule charter under the act of April 13, 1972 (P.L.184,
20 No.62), known as the Home Rule Charter and Optional Plans
21 Law.
22 (6) A minister, priest or rabbi of any regularly
23 established church or congregation.
24 * * *
25 Section 2. Sections 2503(d), 2504(c), 2512(c) and 2513(b) of
26 Title 23 are amended to read:
27 § 2503. Hearing.
28 * * *
29 (d) Putative father.--If a putative father will not file a
30 petition to voluntarily relinquish his parental rights pursuant
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1 to section 2501 (relating to relinquishment to agency) or 2502
2 (relating to relinquishment to adult intending to adopt child)
3 and has not filed an acknowledgment of paternity or claim of
4 paternity pursuant to section [8302 (relating to acknowledgment
5 of paternity) or 8303 (relating to claim of paternity)] 5103
6 (relating to acknowledgment and claim of paternity), the court
7 may enter a decree terminating the parental rights of the
8 putative father pursuant to subsection (c).
9 § 2504. Alternative procedure for relinquishment.
10 * * *
11 (c) Putative father.--If a putative father will not execute
12 a consent to an adoption as required by section 2711 and has not
13 filed an acknowledgment of paternity or claim of paternity
14 pursuant to section [8302 (relating to acknowledgment of
15 paternity) or 8303 (relating to claim of paternity)] 5103
16 (relating to acknowledgment and claim of paternity), the court
17 may enter a decree terminating the parental rights of the
18 putative father pursuant to subsection (b).
19 § 2512. Petition for involuntary termination.
20 * * *
21 (c) Father not identified.--If the petition does not
22 identify the father of the child, it shall state whether a claim
23 of paternity has been filed under section [8303 (relating to
24 claim of paternity)] 5103(b) (relating to acknowledgment and
25 claim of paternity).
26 § 2513. Hearing.
27 * * *
28 (b) Notice.--At least ten days' notice shall be given to the
29 parent or parents, putative parent, or parent of a minor parent
30 whose rights are to be terminated, by personal service or by
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1 registered mail to his or their last known address or by such
2 other means as the court may require. A putative parent shall
3 include one who has filed a claim of paternity as provided in
4 section [8303 (relating to claim of paternity)] 5103(b)
5 (relating to acknowledgment and claim of paternity) prior to the
6 institution of proceedings. The notice shall state the
7 following:
8 "A petition has been filed asking the court to put an end
9 to all rights you have to your child (insert name of child).
10 The court has set a hearing to consider ending your rights to
11 your child. That hearing will be held in (insert place,
12 giving reference to exact room and building number or
13 designation) on (insert date) at (insert time). You are
14 warned that even if you fail to appear at the scheduled
15 hearing, the hearing will go on without you and your rights
16 to your child may be ended by the court without your being
17 present. You have a right to be represented at the hearing by
18 a lawyer. You should take this paper to your lawyer at once.
19 If you do not have a lawyer or cannot afford one, go to or
20 telephone the office set forth below to find out where you
21 can get legal help.
22 (Name)...................
23 (Address)................
24 .........................
25 (Telephone number)......"
26 * * *
27 Section 3. Section 4346 of Title 23 is repealed.
28 Section 4. Sections 5303(a) and 5310 of Title 23 are amended
29 to read:
30 § 5303. Award of custody, partial custody or visitation.
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1 (a) General rule.--In making an order for custody, partial
2 custody or visitation to either parent, the court shall
3 consider, among other factors, which parent is more likely to
4 encourage, permit and allow frequent and continuing contact and
5 physical access between the noncustodial parent and the child.
6 In addition, the court shall consider each parent and adult
7 household member's present and past violent or abusive conduct
8 which may include, but is not limited to, abusive conduct as
9 defined under [the act of October 7, 1976 (P.L.1090, No.218),
10 known as the Protection From Abuse Act] Chapter 61 (relating to
11 protection from abuse).
12 * * *
13 § 5310. Modification of existing custody orders.
14 Any order for the custody of the child of a marriage entered
15 by a court in this Commonwealth or any state may, subject to the
16 jurisdictional requirements set forth in [42 Pa.C.S. §§]
17 sections 5342 (relating to purposes and construction of
18 subchapter) and 5344 (relating to jurisdiction), be modified at
19 any time to an order of shared custody in accordance with this
20 subchapter.
21 Section 5. Title 23 is amended by adding a section to read:
22 § 5315. Contempt for noncompliance with visitation or partial
23 custody order.
24 (a) General rule.--A party who willfully fails to comply
25 with any visitation or partial custody order may, as prescribed
26 by general rule, be adjudged in contempt. Contempt shall be
27 punishable by any one or more of the following:
28 (1) Imprisonment for a period of not more than six
29 months.
30 (2) A fine of not more than $500.
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1 (3) Probation for a period of not more than six months.
2 (b) Condition for release.--An order committing a person to
3 jail under this section shall specify the condition which, when
4 fulfilled, will result in the release of the obligor.
5 Section 6. The amendment of 23 Pa.C.S. § 1503(a)(5) shall
6 apply retroactively and any marriage performed prior to the
7 effective date of this act by an officer added by the amendment
8 of 23 Pa.C.S. § 1503(a)(5) is hereby validated.
9 Section 7. Section 19 of the act of August 22, 1953
10 (P.L.1344, No.383), known as The Marriage Law, is repealed.
11 Section 8. This act shall take effect immediately.
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