PRINTER'S NO. 2295
No. 1906 Session of 1991
INTRODUCED BY CIVERA, GANNON, ADOLPH, MICOZZIE, DURHAM, RAYMOND
AND HAGARTY, JULY 15, 1991
REFERRED TO COMMITTEE ON AGING AND YOUTH, JULY 15, 1991
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for adoption
3 eligibility and timing.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Sections 2311 and 2901 of Title 23 of the
7 Pennsylvania Consolidated Statutes are amended to read:
8 § 2311. Who may be adopted.
9 (a) General rule.--Any individual may be adopted, regardless
10 of his age or residence.
11 (b) Deceased children.--A child may be adopted posthumously,
12 subject to the requirements of section 2901(b) (relating to time
13 of entry of decree of adoption).
14 § 2901. Time of entry of decree of adoption.
15 (a) General rule.--Unless the court for cause shown
16 determines otherwise, no decree of adoption shall be entered
17 unless the natural parent or parents' rights have been
18 terminated, the investigation required by section 2535 (relating
1 to investigation) has been completed, the report of the
2 intermediary has been filed pursuant to section 2533 (relating
3 to report of intermediary) and all other legal requirements have
4 been met. If all legal requirements have been met, the court may
5 enter a decree of adoption at any time.
6 (b) Deceased children.--
7 (1) The court may enter a decree of adoption for a
8 deceased child if all of the following apply:
9 (i) Adoption proceedings for the child had commenced
10 prior to the child's death.
11 (ii) All requirements of this title which remain
12 relevant to this type of adoption situation have been
13 satisfied, and the court would have otherwise entered the
14 decree had the child lived.
15 (2) If a decree of adoption is entered under paragraph
16 (1), the court shall also order the appropriate revision to
17 the child's death certificate.
18 Section 2. The amendments to 23 Pa.C.S. §§ 2311 and 2901
19 shall apply to adoption proceedings commenced after June 30,
20 1990.
21 Section 3. This act shall take effect immediately.
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