PRINTER'S NO. 2089
No. 1672 Session of 1997
INTRODUCED BY KREBS, HARHART, SATHER, TRUE, HENNESSEY, GODSHALL,
GORDNER, BATTISTO, HERSHEY, BELFANTI, DALEY, BELARDI, TRELLO,
VAN HORNE, YOUNGBLOOD, BOSCOLA, TIGUE AND CARONE,
JUNE 16, 1997
REFERRED TO COMMITTEE ON JUDICIARY, JUNE 16, 1997
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. Part III of Title 23 of the Pennsylvania
6 Consolidated Statutes is repealed.
7 Section 2. Title 23 is amended by adding a part to read:
8 PART III
9 UNIFORM ADOPTION ACT
10 Chapter
11 21. General Provisions
12 22. Adoption of Minors
13 23. General Procedure for Adoption
14 24. Adoption of Minor Stepchild by Stepparent
15 25. Adoption of Adults and Emancipated Minors
16 26. Records of Adoption Proceeding: Retention,
17 Confidentiality and Access
1 27. Prohibited and Permissible Activities in Connection
2 with Adoption
3 CHAPTER 21
4 GENERAL PROVISIONS
5 Sec.
6 2101. Short title of part.
7 2102. Uniformity of application and construction.
8 2103. Definitions.
9 2104. Who may adopt or be adopted.
10 2105. Name of adoptee after adoption.
11 2106. Legal relationship between adoptee and adoptive parent
12 after adoption.
13 2107. Legal relationship between adoptee and former parent
14 after adoption.
15 2108. Other rights of adoptee.
16 2109. Proceedings subject to Indian Child Welfare Act.
17 2110. Recognition of adoption in another jurisdiction.
18 § 2101. Short title of part.
19 This part shall be known and may be cited as the Uniform
20 Adoption Act.
21 § 2102. Uniformity of application and construction.
22 This part shall be applied and construed to effectuate its
23 general purpose to make uniform the law with respect to the
24 subject of this part among the states enacting it.
25 § 2103. Definitions.
26 Subject to additional definitions contained in subsequent
27 provisions of this part which are applicable to specific
28 provisions of this part, the following words and phrases when
29 used in this part shall have the meanings given to them in this
30 section unless the context clearly indicates otherwise:
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1 "Adoptee." An individual who is adopted or is to be adopted.
2 "Adult." An individual who has attained 18 years of age.
3 "Agency." A public or private entity, including the
4 Department of Public Welfare that is authorized by the law of
5 this Commonwealth to place individuals for adoption.
6 "Child." A minor or adult son or daughter, by birth or
7 adoption.
8 "Court." With reference to a court of this Commonwealth,
9 means the court of common pleas.
10 "Department." The Department of Public Welfare of this
11 Commonwealth.
12 "Guardian." An individual, other than a parent, appointed by
13 a court under applicable law as general guardian or guardian of
14 the person of a minor.
15 "Legal custody." The right and duty to exercise continuing
16 general supervision of a minor as authorized by law. The term
17 includes the right and duty to protect, educate, nurture and
18 discipline the minor and to provide the minor with food,
19 shelter, medical care and a supportive environment.
20 "Minor." An individual who has not attained 18 years of age.
21 "Parent." An individual who is legally recognized as a
22 mother or father or whose consent to the adoption of a minor is
23 required under section 2271(a)(1) (relating to persons whose
24 consent required). The term does not include an individual whose
25 parental relationship to a child has been terminated judicially
26 or by operation of law.
27 "Person." An individual, corporation, business trust,
28 estate, trust, partnership, association, agency, joint venture,
29 government, governmental subdivision or instrumentality, public
30 corporation or any other legal or commercial entity.
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1 "Physical custody." The physical care and supervision of a
2 minor.
3 "Place for adoption." To select a prospective adoptive
4 parent for a minor and transfer physical custody of the minor to
5 the prospective adoptive parent.
6 "Registrar." A representative of the Department of Health
7 who is authorized to register birth certificates in this
8 Commonwealth.
9 "Relative." A grandparent, great-grandparent, sibling, first
10 cousin, aunt, uncle, great-aunt, great-uncle, niece or nephew of
11 an individual, whether related to the individual by the whole or
12 the half blood, affinity or adoption. The term shall not include
13 an individual's stepparent.
14 "Relinquishment." The voluntary surrender to an agency by a
15 minor's parent or guardian, for purposes of the minor's
16 adoption, of the rights of the parent or guardian with respect
17 to the minor, including legal and physical custody of the minor.
18 "State." A state of the United States, the District of
19 Columbia, the Commonwealth of Puerto Rico or any territory or
20 insular possession subject to the jurisdiction of the United
21 States.
22 "Stepparent." An individual who is the spouse or surviving
23 spouse of a parent of a child, but who is not a parent of the
24 child.
25 § 2104. Who may adopt or be adopted.
26 Subject to this part, any individual may adopt or be adopted
27 by another individual for the purpose of creating the
28 relationship of parent and child between them.
29 § 2105. Name of adoptee after adoption.
30 The name of an adoptee designated in a decree of adoption
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1 takes effect as specified in the decree.
2 § 2106. Legal relationship between adoptee and adoptive parent
3 after adoption.
4 After a decree of adoption becomes final, each adoptive
5 parent and the adoptee have the legal relationship of parent and
6 child and have all the rights and duties of that relationship.
7 § 2107. Legal relationship between adoptee and former parent
8 after adoption.
9 Except as otherwise provided in section 2271 (relating to
10 persons whose consent required), after a decree of adoptive
11 becomes final:
12 (1) The legal relationship of parent and child between
13 each of the adoptee's former parents and the adoptee
14 terminates, except for a former parent's duty to pay
15 arrearages for child support.
16 (2) A prior court order for visitation or communication
17 with an adoptee terminates.
18 § 2108. Other rights of adoptee.
19 A decree of adoption does not affect any right or benefit
20 vested in the adoptee before the decree becomes final.
21 § 2109. Proceedings subject to Indian Child Welfare Act.
22 A proceeding under this part which pertains to an Indian
23 Child, as defined in the Federal Indian Child Welfare Act (25
24 U.S.C. § 1901 et seq.), is subject to that act.
25 § 2110. Recognition of adoption in another jurisdiction.
26 A decree or order of adoption issued by a court of any other
27 state which is entitled to full faith and credit in this
28 Commonwealth or by a court or administrative entity in another
29 country acting pursuant to that country's law or to any
30 convention or treaty on intercountry adoption which the United
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1 States has ratified shall be recognized in this Commonwealth and
2 the rights and obligations of the parties as to matters within
3 the jurisdiction of this Commonwealth shall be determined as
4 though the decree or order were issued by a court of this
5 Commonwealth.
6 CHAPTER 22
7 ADOPTION OF MINORS
8 Subchapter
9 A. Placement of Minor for Adoption
10 B. Preplacement Evaluation
11 C. Transfer of Physical Custody of Minor by Health Care
12 Facility for Purposes of Adoption
13 D. Consent to and Relinquishment for Adoption
14 SUBCHAPTER A
15 PLACEMENT OF MINOR FOR ADOPTION
16 Sec.
17 2201. Who may place minor for adoption.
18 2202. Direct placement for adoption by parent or guardian.
19 2203. Placement for adoption by agency.
20 2204. Preferences for placement when agency places minor.
21 2205. Recruitment of adoptive parents by agency.
22 2206. Disclosure of information on background.
23 2207. Interstate placement.
24 2208. Intercountry placement.
25 § 2201. Who may place minor for adoption.
26 (a) Limitations.--The only persons who may place a minor for
27 adoption are:
28 (1) a parent having legal and physical custody of the
29 minor as provided in subsections (b) and (c);
30 (2) a guardian expressly authorized by the court to
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1 place the minor for adoption;
2 (3) an agency to which the minor has been relinquished
3 for purposes of adoption; or
4 (4) an agency expressly authorized to place the minor
5 for adoption by a court order terminating the relationship
6 between the minor and the minor's parent or guardian.
7 (b) Single relinquishment sufficient.--Except as provided in
8 subsection (c), a parent having legal and physical custody of a
9 minor may place the minor for adoption, even if the other parent
10 has not executed a consent or a relinquishment or the other
11 parent's relationship to the minor has not been terminated.
12 (c) Exception.--A parent having legal and physical custody
13 of a minor may not place the minor for adoption if the other
14 parent has legal custody or a right of visitation with the minor
15 and that parent's whereabouts are known, unless that parent
16 agrees in writing to the placement or, before the placement, the
17 parent who intends to place the minor sends notice of the
18 intended placement by certified mail to the other parent's last
19 known address.
20 (d) Agency termination.--An agency authorized under this
21 part to place a minor for adoption may place the minor for
22 adoption, even if only one parent has executed a relinquishment
23 or has had his or her parental relationship to the minor
24 terminated.
25 § 2202. Direct placement for adoption by parent or guardian.
26 (a) Preplacement evaluation required.--A parent or guardian
27 authorized to place a minor directly for adoption may place the
28 minor only with a prospective adoptive parent for whom a
29 favorable preplacement evaluation has been prepared under
30 sections 2201 (relating to who may place minor for adoption) and
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1 2206 (relating to disclosure of information on background) or
2 for whom a preplacement evaluation is not required under
3 subsection (b) or (c).
4 (b) Direct placement by relinquishing parent.--A parent or
5 guardian shall personally select a prospective adoptive parent
6 for the direct placement of a minor, but, subject to the
7 limitations of Chapter 27 (relating to prohibited and
8 permissible activities in connection with adoption), may be
9 assisted by another person, including a lawyer, health care
10 provider or agency, in locating a prospective adoptive parent
11 and transferring legal and physical custody of the minor to that
12 individual.
13 (c) Use of preplacement evaluation.--A prospective adoptive
14 parent shall furnish a copy of the preplacement evaluation to
15 the parent or guardian and may provide additional information
16 requested by the parent or guardian. The evaluation and any
17 additional information shall be edited to exclude identifying
18 information unless the parties agree to its disclosure. Subject
19 to the limitations of Chapter 27, a prospective adoptive parent
20 may be assisted by another person in locating a minor who is
21 available for adoption.
22 (d) Consent for placement to be in writing.--If a consent to
23 a minor's adoption is not executed at the time the minor is
24 placed for adoption, the parent or guardian who places the minor
25 shall furnish to the prospective adoptive parent a signed
26 writing stating that the transfer of physical custody is for
27 purposes of adoption and that the parent or guardian has been
28 informed of the provisions of this part relevant to placement
29 for adoption, consent, relinquishment and termination of
30 parental rights. The writing shall authorize the prospective
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1 adoptive parent to provide medical and other care and support
2 for the minor pending execution of the consent within a time
3 specified in the writing, and the prospective adoptive parent
4 shall acknowledge in a signed writing responsibility for the
5 minor's medical and other care and support and for returning the
6 minor to the custody of the parent or guardian if the consent is
7 not executed within the time specified.
8 (e) Statement of services and fees.--A person who provides
9 services with respect to direct placements for adoption shall
10 furnish to an individual who inquires about the person's
11 services a written statement of the person's services and a
12 schedule of fees.
13 § 2203. Placement for adoption by agency.
14 (a) Information from agency to consumer.--An agency
15 authorized to place a minor for adoption shall furnish to an
16 individual who inquires about its services a written statement
17 of its services, including the agency's procedure for selecting
18 a prospective adoptive parent for a minor and a schedule of
19 fees.
20 (b) Written authorization for medical care pending decree.--
21 An agency that places a minor for adoption shall furnish to the
22 prospective adoptive parent a signed written authorization to
23 provide medical and other care and support for the minor pending
24 entry of a decree of adoption and the prospective adoptive
25 parent shall acknowledge in a signed writing responsibility for
26 the minor's medical and other care and support.
27 (c) Notification to relinquishing parent that child has been
28 placed.--Upon request by a parent who has relinquished a minor
29 child under Subchapter D (relating to consent to and
30 relinquishment for adoption), the agency shall promptly inform
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1 the parent as to whether the minor has been placed for adoption,
2 whether a petition for adoption has been granted, denied or
3 withdrawn, and, if the petition was not granted, whether another
4 placement has been made.
5 § 2204. Preferences for placement when agency places minor.
6 (a) Preferred order of placement.--An agency may place a
7 minor for adoption only with an individual for whom a favorable
8 preplacement evaluation has been prepared under sections 2201
9 (relating to who may place minor for adoption) through 2206
10 (relating to disclosure of information on background). Placement
11 shall be made as follows:
12 (1) If the agency has agreed to place the minor with a
13 prospective adoptive parent selected by the parent or
14 guardian, with the individual selected by the parent or
15 guardian.
16 (2) If the agency has not so agreed, with an individual
17 selected by the agency in accordance with the best interest
18 of the minor.
19 (b) Order of preference for selection by agency.--In
20 determining the best interest of the minor under subsection
21 (a)(2), the agency shall consider the following individuals in
22 order of preference:
23 (1) An individual who has previously adopted a sibling
24 of the minor and who makes a written request to adopt the
25 minor.
26 (2) An individual with characteristics requested by a
27 parent or guardian, if the agency agrees to comply with the
28 request and locates the individual within a time agreed to by
29 the parent or guardian and the agency.
30 (3) An individual who has had physical custody of the
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1 minor for six months or more within the preceding 24 months
2 or for half of the minor's life, whichever is less, and makes
3 a written request to adopt the minor.
4 (4) A relative with whom the minor has established a
5 positive emotional relationship and who makes a written
6 request to adopt the minor.
7 (5) Any other individual selected by the agency.
8 (c) Delay prohibited.--Unless necessary to comply with a
9 request under subsection (b)(2), an agency may not delay or deny
10 a minor's placement for adoption solely on the basis of the
11 minor's race, national origin or ethnic background. In addition
12 to any remedies provided under applicable Federal law, a
13 guardian ad litem of a minor or an individual with a favorable
14 preplacement evaluation who makes a written request to an agency
15 to adopt the minor may maintain an action or proceeding for
16 equitable relief against an agency that violates this
17 subsection.
18 (d) Sibling placement.--If practicable and in the best
19 interest of minors who are siblings, an agency shall place
20 siblings with the same prospective adoptive parent selected in
21 accordance with subsections (a) through (b).
22 (e) Challenge to placement by agency.--If an agency places a
23 minor pursuant to this section, an individual described in
24 subsection (b)(3) may commence an action or proceeding within 30
25 days after the placement to challenge the agency's placement. If
26 the individual proves by a preponderance of the evidence that
27 the minor has substantial emotional ties to the individual and
28 that an adoptive placement of the minor with the individual
29 would be in the best interest of the minor, the court shall
30 place the minor with the individual.
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1 § 2205. Recruitment of adoptive parents by agency.
2 An agency receiving public funds under Title IV-E of the
3 Federal Adoption Assistance and Child Welfare Act (42 U.S.C. §
4 670 et seq.) or under an adoption subsidy program of this
5 Commonwealth, shall make a diligent search for and actively
6 recruit prospective adoptive parents for minors in the agency's
7 custody who are eligible for funding from those sources and who
8 are difficult to place for adoption because of a special need as
9 described in section 772 of the act of June 13, 1967 (P.L.31,
10 No.21), known as the Public Welfare Code. The department shall
11 prescribe the procedure for recruiting prospective adoptive
12 parents under this section.
13 § 2206. Disclosure of information on background.
14 (a) Biography of child.--As early as practicable before a
15 prospective adoptive parent accepts physical custody of a minor,
16 a person placing the minor for adoption shall furnish to the
17 prospective adoptive parent a written report containing all of
18 the following information reasonably available from any person
19 who has had legal or physical custody of the minor or who has
20 provided medical, psychological, education or similar services
21 to the minor:
22 (1) A current medical and psychological history of the
23 minor, including an account of the minor's prenatal care,
24 medical condition at birth, any drug or medication taken by
25 the minor's mother during pregnancy, any subsequent medical,
26 psychological or psychiatric examination and diagnosis, any
27 physical, sexual or emotional abuse suffered by the minor and
28 a record of any immunizations and health care received while
29 in foster or other care.
30 (2) Relevant information concerning the medical and
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1 psychological history of the minor's genetic parents and
2 relatives, including any known disease or hereditary
3 predisposition to disease, any addiction to drugs or alcohol,
4 the health of the minor's mother during her pregnancy and the
5 health of each parent at the minor's birth.
6 (3) Relevant information concerning the social history
7 of the minor and the minor's parents and relatives, including
8 the following:
9 (i) The minor's enrollment and performance in
10 school, results of educational testing and any special
11 educational needs.
12 (ii) The minor's racial, ethnic and religious
13 background and a general description of the minor's
14 parents.
15 (iii) An account of the minor's past and existing
16 relationship with any individual with whom the minor has
17 regularly lived or visited.
18 (iv) The level of educational and vocational
19 achievement of the minor's parents and relatives and any
20 unusual athletic, scientific or artistic accomplishments.
21 (4) Information concerning a criminal conviction of a
22 parent for a felony, a judicial order terminating the
23 parental rights of a parent and a proceeding in which the
24 parent was alleged to have abused, neglected, abandoned or
25 otherwise mistreated the minor.
26 (5) Information necessary to determine the minor's
27 eligibility for Federal or State benefits, including
28 subsidies for adoption and other financial, medical or
29 similar assistance.
30 (b) Supplemental biography to be furnished before hearing.--
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1 Before a hearing on a petition for adoption, the person who
2 placed a minor for adoption shall furnish to the prospective
3 adoptive parent a supplemental written report containing
4 information required by subsection (a) which was unavailable
5 before the minor was placed for adoption, but becomes reasonably
6 available to the person after the placement.
7 (c) Indication of preparer.--A report furnished under this
8 section shall indicate who prepared the report and be edited to
9 exclude the identity of any individual who furnished information
10 or about whom information is reported unless the individual
11 agrees in writing to the disclosure of his or her identity.
12 (d) Immunity of disclosures.--Information furnished under
13 this section may not be used as evidence in any civil action or
14 criminal proceeding against an individual who is the subject of
15 the information.
16 (e) Department to prescribe forms.--The department shall
17 prescribe forms designed to obtain the specific information
18 sought under this section and shall furnish the forms to a
19 person who is authorized to place a minor for adoption or who
20 provides services with respect to placements for adoption.
21 § 2207. Interstate placement.
22 (a) Jurisdiction.--An adoption in this Commonwealth of a
23 minor brought into this Commonwealth from another state by a
24 prospective adoptive parent, or by a person who places the minor
25 for adoption in this Commonwealth, is governed by the laws of
26 this Commonwealth, including this part and the Interstate
27 Compact on the Placement of Children.
28 (b) Local adoptions of out-of-state minors.--An adoption in
29 this Commonwealth of a minor brought into this Commonwealth from
30 another state by a prospective adoptive parent or by a person
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1 who intends to place the minor for adoption in this Commonwealth
2 is governed by this part.
3 § 2208. Intercountry placement.
4 An adoption in this Commonwealth of a minor brought into this
5 Commonwealth from another country by a prospective adoptive
6 parent or by a person who intends to place the minor for
7 adoption in this Commonwealth is governed by this part, subject
8 to any convention or treaty on intercountry adoption which the
9 United States has ratified and any relevant Federal law.
10 SUBCHAPTER B
11 PREPLACEMENT EVALUATION
12 Sec.
13 2231. Preplacement evaluation required.
14 2232. Preplacement evaluator.
15 2233. Timing and content of preplacement evaluation.
16 2234. Determining suitability to be adoptive parent.
17 2235. Filing and copies of preplacement evaluation.
18 2236. Judicial review of evaluation.
19 2237. Action by department.
20 § 2231. Preplacement evaluation required.
21 (a) Adopting party shall receive favorable evaluation.--
22 Except as otherwise provided in subsections (b) and (c), only an
23 individual for whom a favorable written preplacement evaluation
24 has been prepared may accept custody of a minor for purposes of
25 adoption. An evaluation is favorable if it contains a finding
26 that the individual is suited to be an adoptive parent, either
27 in general or for a particular minor, and it is completed or
28 brought current within the 18 months next preceding a placement
29 of a minor with the individual for adoption.
30 (b) Waiver of evaluation.--A court may waive the requirement
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1 of a preplacement evaluation for good cause shown, but an
2 individual who is the subject of a waiver shall be evaluated
3 during the pendency of a proceeding for adoption.
4 (c) Placement with relative relieves evaluation
5 requirements.--A preplacement evaluation is not required if a
6 parent or guardian places a minor directly with a relative of
7 the minor for purposes of adoption, but an evaluation of the
8 relative is required during the pendency of a proceeding for
9 adoption.
10 § 2232. Preplacement evaluator.
11 (a) Who may prepare evaluation.--A preplacement evaluation
12 may be prepared only by a social worker or other individual
13 qualified by a State-approved licensing, certifying or other
14 procedure to make the evaluation.
15 (b) Private agency preparer.--An agency from which an
16 individual is seeking to adopt a minor may require the
17 individual to be evaluated by its own qualified employee or
18 independent contractor, even if the individual has received a
19 favorable preplacement evaluation from another qualified
20 evaluator.
21 § 2233. Timing and content of preplacement evaluation.
22 (a) When evaluation may commence.--An individual requesting
23 a preplacement evaluation need not have located a prospective
24 minor adoptee when the request is made, and the individual may
25 request more than one evaluation or may direct that an
26 evaluation not be completed.
27 (b) Time of preparation.--A preplacement evaluation shall be
28 completed within 45 days after it is requested. An evaluator
29 shall give priority to a request from an individual who has
30 located a prospective adoptee.
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1 (c) Personal interview and residential visit required.--A
2 preplacement evaluation shall be based upon a personal interview
3 and visit at the residence of the individual being evaluated,
4 any personal interview of others who know the individual and the
5 information required by subsection (d).
6 (d) Contents of evaluation.--A preplacement evaluation shall
7 contain the following information about the individual being
8 evaluated:
9 (1) Age and date of birth, nationality, racial or ethnic
10 background and any religious affiliation.
11 (2) Marital status and family history, including the age
12 and location of any child of the individual and the identity
13 of and relationship to anyone else living in the individual's
14 household.
15 (3) Physical and mental health and any history of abuse
16 of alcohol or drugs.
17 (4) Educational and employment history and any special
18 skills.
19 (5) Property and income, including outstanding financial
20 obligations as indicated in a current credit report or
21 financial statement furnished by the individual.
22 (6) Any previous request for an evaluation or
23 involvement in an adoptive placement and the outcome of the
24 evaluation or placement.
25 (7) Whether the individual has been subject to a
26 restraining order for domestic violence, found liable for a
27 violation of Chapter 63 (relating to child protective
28 services), listed on the Commonwealth's child abuse or
29 neglect registry or subject to a court order restricting the
30 individual's right to custody or visitation with a child.
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1 (8) Whether the individual has been convicted of a crime
2 other than a minor traffic violation.
3 (9) Whether the individual has located a parent
4 interested in placing a minor with the individual for
5 adoption and, if so, a brief description of the parent and
6 the minor.
7 (10) Any other fact or circumstance that may be relevant
8 in determining whether the individual is suited to be an
9 adoptive parent, including the quality of the environment in
10 the home and the functioning of other children in the
11 individual's household.
12 (e) Fingerprint check.--An individual being evaluated shall
13 be fingerprinted and shall sign a release permitting the
14 evaluator to obtain from an appropriate law enforcement agency
15 any record indicating that the individual has been convicted of
16 a crime other than a minor traffic violation.
17 (f) Releases.--An evaluator may request an individual being
18 evaluated to sign any release necessary for the evaluator to
19 obtain other information required by subsection (d).
20 § 2234. Determining suitability to be adoptive parent.
21 (a) Evaluation assessment.--An evaluator shall assess the
22 information required by section 2233 (relating to timing and
23 content of preplacement evaluation) to determine whether it
24 raises a specific concern that suggests that placement of any
25 minor or a particular minor in the home of the individual would
26 pose a significant risk of harm to the physical or psychological
27 well-being of the minor.
28 (b) Requirement for determination of suitability.--If an
29 evaluator determines that the information assessed does not
30 raise a specific concern, the evaluator shall find that the
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1 individual is suited to be an adoptive parent. The evaluator may
2 comment about any factor that in the evaluator's opinion makes
3 the individual suited in general or for a particular minor.
4 (c) Determination of risk.--If an evaluator determines that
5 the information assessed does raise a specific concern, the
6 evaluator, on the basis of the original or any further
7 investigation, may find that the individual is not suited to be
8 an adoptive parent. In that case, the evaluator shall support
9 the finding with a written explanation of why the concern poses
10 a risk.
11 § 2235. Filing and copies of preplacement evaluation.
12 (a) Furnishing copies of favorable evaluation.--If a
13 preplacement evaluation contains a finding that an individual is
14 suited to be an adoptive parent, the evaluator shall give the
15 individual a signed copy of the evaluation. At the individual's
16 request, the evaluator shall furnish a copy of the evaluation to
17 a person authorized under this part to place a minor for
18 adoption and, unless the individual requests otherwise, edit the
19 copy to exclude identifying information.
20 (b) Furnishing copies of nonfavorable evaluation.--If a
21 preplacement evaluation contains a finding that an individual is
22 not suited to be an adoptive parent of any minor or a particular
23 minor the evaluator shall immediately give a signed copy of the
24 evaluation to the individual and to the department. The
25 department shall retain for ten years the copy and a copy of any
26 court order concerning the evaluation issued pursuant to section
27 2236 (relating to judicial review of evaluation) or 2237
28 (relating to action by department).
29 (d) Retention of evaluation records.--An evaluator shall
30 retain for two years the original of a completed or incomplete
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1 preplacement evaluation and a list of every source for each item
2 of information in the evaluation.
3 § 2236. Judicial review of evaluation.
4 (a) Petition and review.--Within 90 days after an individual
5 receives a preplacement evaluation with a finding that he or she
6 is not suited to be an adoptive parent, the individual may
7 petition a court for judicial review of the evaluation. After
8 notice to the evaluator and other interested persons and upon
9 hearing the petition, the court shall determine whether the
10 finding of unsuitability is supported by a preponderance of the
11 evidence.
12 (b) Findings in support of agency's determination.--If the
13 court determines that the finding of unsuitability is supported
14 by a preponderance of the evidence, it shall order that the
15 petitioner not be permitted to adopt a minor and shall send a
16 copy of the order to the department to be retained with the copy
17 of the original evaluation. If, at the time of the court's
18 determination, the petitioner has custody of a minor for
19 purposes of adoption, the court shall make an appropriate order
20 for the care and custody of the minor.
21 (c) Findings contradicting agency's determination.--If the
22 court determines that the finding of unsuitability is not
23 supported by a preponderance of the evidence, the court may
24 order the evaluator to prepare a new evaluation with a finding
25 of suitability and may permit the petitioner to commence or
26 continue a proceeding for adoption of a minor. The court shall
27 send a copy of the order to the department to be retained with
28 the copy of the original evaluation.
29 (d) Immunity from civil action.--An evaluator who conducts
30 an evaluation in good faith is not subject to civil liability
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1 for anything contained in the evaluation.
2 § 2237. Action by department.
3 If the department learns from an evaluator or another person
4 that a minor has been placed for adoption with an individual who
5 is the subject of a preplacement evaluation on file with the
6 department containing a finding of unsuitability, the department
7 shall immediately review the evaluation and investigate the
8 circumstances of the placement and may request that the
9 individual return the minor to the custody of the person who
10 placed the minor or to the department. If the individual refuses
11 to return the minor, the department shall commence an action or
12 proceeding to remove the minor from the home of the individual
13 under Chapter 63 (relating to child protective services) and,
14 pending a hearing, the court shall make an appropriate order for
15 the care and custody of the minor.
16 SUBCHAPTER C
17 TRANSFER OF PHYSICAL CUSTODY OF MINOR BY
18 HEALTH CARE FACILITY
19 FOR PURPOSES OF ADOPTION
20 Sec.
21 2251. Definitions.
22 2252. Authorization to transfer physical custody.
23 2253. Reports to department.
24 2254. Action by department after transfer.
25 § 2251. Definitions.
26 The following words and phrases when used in this subchapter
27 shall have the meanings given to them in this section unless the
28 context clearly indicates otherwise:
29 "Health care facility." A hospital, clinic or other facility
30 authorized by this Commonwealth to provide services related to
19970H1672B2089 - 21 -
1 birth and neonatal care.
2 § 2252. Authorization to transfer physical custody.
3 (a) Medical professional authorized to release child to
4 another.--A health care facility shall release a minor for the
5 purpose of adoption to an individual or agency not otherwise
6 legally entitled to the physical custody of the minor if, in the
7 presence of an authorized employee of the health care facility,
8 the woman who gave birth to the minor signs an authorization of
9 the transfer of physical custody.
10 (b) Limitations on medical professional's release.--An
11 authorization required by subsection (a) shall conform to the
12 requirements of section 2202(a) (relating to direct placement
13 for adoption by parent or guardian) and, if the minor is
14 released to an agency, authorize the agency to provide medical
15 and other care and support for the minor pending the execution
16 of a consent to adoption, a relinquishment or the termination of
17 an individual's parental relationship to the minor.
18 (c) Attestation.--The authorized employee in whose presence
19 the authorization required under this section is signed shall
20 attest the signing in writing.
21 § 2253. Reports to department.
22 (a) Authorization of release.--No later than 48 hours after
23 a release under section 2252 (relating to authorization to
24 transfer physical custody), a health care facility which
25 releases a minor for purposes of adoption shall submit to the
26 department a copy of the authorization required by section 2252
27 and shall report:
28 (1) The name, address and telephone number of the person
29 who authorized the release.
30 (2) The name, address and telephone number of the person
19970H1672B2089 - 22 -
1 to whom physical custody was transferred.
2 (3) The date of the transfer.
3 (b) Release report.--No later than 30 days after a release
4 under section 2252, the person to whom physical custody of a
5 minor was transferred shall report to the department which, if
6 any, of the following has occurred:
7 (1) The filing of a petition for adoption and the name
8 and address of the petitioner.
9 (2) The acquisition of custody of the minor by an agency
10 and the name and address of the agency.
11 (3) The return of the minor to a parent or other person
12 having legal custody and the name and address of the parent
13 or other person.
14 (4) The transfer of physical custody of the minor to
15 another individual and the name and address of the
16 individual.
17 § 2254. Action by department after transfer.
18 (a) Lack of subsequent report.--If the department receives a
19 report required under section 2253(a) (relating to reports to
20 department) from a health care facility or attending
21 practitioner but does not receive the report required under
22 section 2253(b) within 45 days after the transfer of a minor,
23 the department shall immediately investigate to determine the
24 whereabouts of the minor.
25 (b) Removal.--If none of the dispositions listed in section
26 2253(b)(1), (2) and (3) has occurred or the minor has been
27 transferred to an individual described in section 2253(b)(4) who
28 has not filed a petition to adopt, the department shall take
29 appropriate action to remove the minor from the individual to
30 whom the minor has been transferred.
19970H1672B2089 - 23 -
1 (c) Compliance.--The department may review and investigate
2 compliance with sections 2201 (relating to who may place minor
3 for adoption) through 2206 (relating to disclosure of
4 information on background) and may maintain an action in the
5 court of common pleas to compel compliance.
6 SUBCHAPTER D
7 CONSENT TO AND RELINQUISHMENT FOR ADOPTION
8 Sec.
9 2271. Persons whose consent required.
10 2272. Persons whose consent not required.
11 2273. Individuals who may relinquish minor.
12 2274. Time for execution of consent or relinquishment.
13 2275. Procedure for execution of consent or relinquishment.
14 2276. Content of consent or relinquishment.
15 2277. Consequences of consent or relinquishment.
16 2278. Revocation of consent.
17 2279. Revocation of relinquishment.
18 § 2271. Persons whose consent required.
19 (a) General rule.--Unless consent is not required under
20 section 2272 (relating to persons whose consent not required),
21 in a direct placement of a minor for adoption by a parent or
22 guardian authorized under this part to place the minor, a
23 petition to adopt the minor may be granted only if consent to
24 the adoption has been executed by any of the following three
25 entities:
26 (1) The woman who gave birth to the minor and the man,
27 if any, who:
28 (i) is or has been married to the woman if the minor
29 was born during the marriage or within 300 days after the
30 marriage was terminated or a court issued a decree of
19970H1672B2089 - 24 -
1 separation;
2 (ii) attempted to marry the woman before the minor's
3 birth by a marriage solemnized in apparent compliance
4 with law, although the attempted marriage is or could be
5 declared invalid, if the minor was born during the
6 attempted marriage or within 300 days after the attempted
7 marriage was terminated; or
8 (iii) under applicable law, has been judicially
9 determined to be the father of the minor or has signed a
10 document which has the effect of establishing his
11 parentage of the minor, and:
12 (A) has provided, in accordance with his
13 financial means, reasonable and consistent payments
14 for the support of the minor and has regularly
15 visited or communicated with the minor; or
16 (B) after the minor's birth, but before the
17 minor's placement for adoption, has married or
18 attempted to marry the woman who gave birth to the
19 minor by a marriage solemnized in apparent compliance
20 with law, although the attempted marriage is or could
21 be declared invalid; or
22 (iv) has received the minor into his home and openly
23 held out the minor as his child.
24 (2) The minor's guardian if expressly authorized by a
25 court to consent to the minor's adoption.
26 (3) The current adoptive or other legally recognized
27 mother and father of the minor.
28 (b) Execution of documents.--Unless consent is not required
29 under section 2272, in a placement of a minor for adoption by an
30 agency authorized under this part to place the minor, a petition
19970H1672B2089 - 25 -
1 to adopt the minor may be granted only if consent to the
2 adoption has been executed by both of the following:
3 (1) The agency that placed the minor for adoption.
4 (2) An individual described in subsection (a) who has
5 not relinquished the minor.
6 (c) Consent of minor.--Unless the court dispenses with the
7 minor's consent, a petition to adopt a minor who has attained 12
8 years of age may be granted only if, in addition to any consent
9 required by subsections (a) and (b), the minor has executed a
10 consent to the adoption.
11 § 2272. Persons whose consent not required.
12 (a) General rule.--Consent to an adoption of a minor is not
13 required of any of the following:
14 (1) An individual who has relinquished the minor to an
15 agency for purposes for adoption.
16 (2) An individual whose parental relationship to a minor
17 has been terminated or determined not to exist.
18 (3) A parent who has been judicially declared
19 permanently incompetent.
20 (4) A man who has not been married to the woman who gave
21 birth to the minor and who, after the conception of the
22 minor, executes a verified statement denying paternity or
23 disclaiming any interest in the minor and acknowledging that
24 the statement is irrevocable when executed but is not a bar
25 to a parentage or child-support action against him if the
26 minor is not adopted.
27 (5) The personal representative of a deceased parent's
28 estate.
29 (6) A parent or other person who has not executed a
30 consent or a relinquishment and who fails to file and answer
19970H1672B2089 - 26 -
1 or an appearance in a proceeding for adoption or for
2 termination of a parental relationship within the requisite
3 time after receiving notice of the proceeding.
4 (b) Additional persons.--The court may dispense with the
5 consent of:
6 (1) A guardian or an agency whose consent is otherwise
7 required upon a finding that the consent is being withheld
8 contrary to the best interest of a minor adoptee.
9 (2) A minor adoptee who has attained 12 years of age
10 upon a finding that it is not in the best interest of the
11 minor to require the consent.
12 § 2273. Individuals who may relinquish minor.
13 A parent or guardian whose consent to the adoption of a minor
14 is required by section 2271 (relating to persons whose consent
15 required) may relinquish to an agency all of that individual's
16 rights with respect to the minor, including legal and physical
17 custody and the right to consent to the minor's adoption.
18 § 2274. Time for execution of consent or relinquishment.
19 (a) Parent's consent to relinquish.--A parent whose consent
20 to the adoption of a minor is required by section 2271 (relating
21 to persons whose consent required) may execute a consent or a
22 relinquishment only after the minor is born. A parent who
23 executes a consent or relinquishment may revoke the consent or
24 relinquishment within 192 hours after the birth of the minor.
25 (b) Guardian's consent.--A guardian may execute a consent to
26 the adoption of a minor or a relinquishment at any time after
27 being authorized by a court to do so.
28 (c) Agency's consent.--An agency that places a minor for
29 adoption may execute its consent at any time at or before the
30 hearing on the petition for adoption.
19970H1672B2089 - 27 -
1 (d) Minor adoptee's consent.--A minor adoptee whose consent
2 is required may execute a consent at any time before the hearing
3 on the petition for adoption.
4 (e) Full disclosure necessary before parent's consent
5 valid.--Before executing a consent or relinquishment, a parent
6 must have been informed of the meaning and consequences of
7 adoption, the availability of personal and legal counseling, the
8 consequences of misidentifying the other parent, the procedure
9 for releasing information about the health and other
10 characteristics of the parent which may affect the physical or
11 psychological well-being of the adoptee and the procedure for
12 the consensual release of the parent's identity to an adoptee,
13 an adoptee's direct descendant or adoptive parent under Chapter
14 26 (relating to records of adoption proceeding: retention,
15 confidentiality and access). The parent shall have had an
16 opportunity to indicate in a signed document whether and under
17 what circumstances the parent is or is not willing to release
18 identifying information and shall have been informed of the
19 procedure for changing the document at a later time.
20 § 2275. Procedure for execution of consent or relinquishment.
21 (a) Witnesses.--A consent or relinquishment executed by a
22 parent or guardian shall be signed or confirmed in the presence
23 of at least one of the following:
24 (1) A judge of a court of record.
25 (2) An individual designated by a judge to take consents
26 or relinquishments.
27 (3) An employee designated by an agency to take consents
28 or relinquishments, but not an employee of an agency to which
29 a minor is relinquished.
30 (4) A lawyer other than a lawyer who is representing an
19970H1672B2089 - 28 -
1 adoptive parent or the agency to which a minor is
2 relinquished.
3 (5) A commissioned officer on active duty in the
4 military service of the United States, if the individual
5 executing the consent or relinquishment is in military
6 service.
7 (6) An officer of the foreign service or a consular
8 officer of the United States in another county, if the
9 individual executing the consent or relinquishment is in that
10 country.
11 (b) Witness to minor adoptee's consent.--A consent executed
12 by a minor adoptee must be signed or confirmed in the presence
13 of the court in the proceeding for adoption or in a manner the
14 court directs.
15 (c) Parent who is a minor.--Minority of a parent does not
16 affect competency to execute a consent or relinquishment, but a
17 parent who is a minor shall have had access to counseling and
18 shall have had the advice of a lawyer who is not representing an
19 adoptive parent or the agency to which the parent's child is
20 relinquished.
21 (d) Certification of witness.--An individual before whom a
22 consent or relinquishment is signed or confirmed under
23 subsection (a) shall certify in writing that he or she orally
24 explained the contents and consequences of the consent or
25 relinquishment, and, to the best of his or her knowledge or
26 belief, the individual executing the consent or relinquishment
27 did all of the following:
28 (1) Read or was read the consent or relinquishment and
29 understood it.
30 (2) Signed the consent or relinquishment voluntarily.
19970H1672B2089 - 29 -
1 (3) Received or was offered a copy of the consent or
2 relinquishment and the information described by section
3 2274(e) (relating to time for execution of consent or
4 relinquishment) and was afforded an opportunity to sign the
5 document described in that section.
6 (4) Was offered counseling services and information
7 about adoption.
8 (5) If the individual executing the consent or
9 relinquishment is a parent who is a minor, was advised by a
10 lawyer who is not representing an adoptive parent or the
11 agency to which the parent's child is being relinquished and,
12 if an adult, was informed of the right to have a lawyer who
13 is not representing an adoptive parent or an agency to which
14 the parent's child is being relinquished.
15 (e) Acknowledgment of adopting parent.--A prospective
16 adoptive parent named or described in a consent to the adoption
17 of a minor shall sign a statement indicating an intention to
18 adopt the minor, acknowledging an obligation to return legal and
19 physical custody of the minor to the minor's parent, if the
20 parent revokes the consent within the time specified in section
21 2274, and acknowledging responsibility for the minor's medical
22 and other care and support if the consent is not revoked.
23 (f) Signed acceptance of child.--An employee of an agency to
24 which a minor child is being relinquished shall sign a statement
25 indicating the agency's willingness to accept the
26 relinquishment, acknowledging its obligation to return legal and
27 physical custody of the child to the minor's parent, if the
28 parent revokes the relinquishment within the time indicated in
29 section 2274, and acknowledging responsibility for the minor's
30 medical and other care and support if the relinquishment is not
19970H1672B2089 - 30 -
1 revoked.
2 (g) Certification.--An individual before whom a consent or a
3 relinquishment is signed or confirmed shall certify that the
4 statements required by subsections (e) and (f) were given to him
5 or her.
6 (h) Person authorized to sign agency's consent.--A consent
7 by an agency to the adoption of a minor in the agency's legal
8 custody must be executed by the executive head or another
9 authorized employee and shall be signed or confirmed under oath
10 in the presence of an individual authorized to take
11 acknowledgments.
12 (i) Out-of-State consent.--A consent or relinquishment
13 executed and signed or confirmed in another state or in another
14 country is valid if in accordance with this part or with the law
15 and procedure of the state or country in which executed.
16 § 2276. Content of consent or relinquishment.
17 (a) Contents.--A consent or relinquishment required from a
18 parent or guardian shall be in writing and contain all of the
19 following:
20 (1) The date, place and time of the execution of the
21 consent or relinquishment.
22 (2) The name, date of birth and current address of the
23 individual executing the consent or relinquishment.
24 (3) The date of birth and the name or pseudonym of the
25 of the minor adoptee.
26 (4) If a consent, the name, address and telephone or
27 telecopier number of the lawyer representing the prospective
28 adoptive parent with whom the individual executing the
29 consent has placed or intends to place the minor for
30 adoption.
19970H1672B2089 - 31 -
1 (5) If a relinquishment, the name, address and telephone
2 or telecopier number of the agency to which the minor is
3 being relinquished.
4 (6) The name, address and telephone or telecopier number
5 of the court in which an action to revoke a consent or
6 relinquishment may be brought or, if known, in which the
7 petition for adoption has been or will be filed and specific
8 instructions for how a parent who executes a consent or
9 relinquishment may revoke it within 192 hours after the birth
10 of the minor, including the name, address and telephone or
11 telecopier number of the court and any other person the
12 parent is required to inform of the revocation.
13 (b) Statement of state of mind.--A consent shall state that
14 the parent or guardian executing the document is voluntarily and
15 unequivocally consenting to the transfer of legal and physical
16 custody to and the adoption of the minor by a specific adoptive
17 parent whom the parent or guardian has selected.
18 (c) Acknowledgment of permanency of action.--A
19 relinquishment must state that the individual executing the
20 relinquishment voluntarily consents to the permanent transfer of
21 legal and physical custody of the minor to the agency for the
22 purposes of adoption.
23 (d) Elements of consent.--A consent or relinquishment shall
24 state all of the following:
25 (1) An understanding that after the consent or
26 relinquishment is signed or confirmed in substantial
27 compliance with section 2275 (relating to procedure for
28 execution of consent or relinquishment) it is final and,
29 except under a circumstance stated in section 2278 (relating
30 to revocation of consent) or 2279 (relating to revocation of
19970H1672B2089 - 32 -
1 relinquishment), may not be revoked or set aside for any
2 reason, including the failure of an adoptive parent to permit
3 the individual executing the consent or relinquishment to
4 visit or communicate with the minor adoptee.
5 (2) An understanding that the adoption will extinguish
6 all parental rights and obligations the individual executing
7 the consent or relinquishment has with respect to the minor
8 adoptee, except for arrearages of child support, and will
9 remain valid whether or not any order or agreement for
10 visitation or communication with the minor adoptee is later
11 performed or enforced.
12 (3) That the individual executing the consent or
13 relinquishment has:
14 (i) received or been offered a copy of the consent
15 or relinquishment;
16 (ii) received or been offered counseling services
17 and information about adoption which explains the meaning
18 and consequences of an adoption;
19 (iii) been advised, if a parent who is a minor, by a
20 lawyer who is not representing an adoptive parent or the
21 agency to which the minor is being relinquished or, if an
22 adult, has been informed of the right to have a lawyer
23 who is not representing an adoptive parent or the agency;
24 (iv) received the information described in section
25 2274(e) (relating to time for execution of consent or
26 relinquishment) and been afforded an opportunity to sign
27 the document described in that section; and
28 (v) been advised of the obligation to provide the
29 information required under section 2206 (relating to
30 disclosure of information on background).
19970H1672B2089 - 33 -
1 (4) That the individual executing the consent or
2 relinquishment has not received or been promised any money or
3 anything of value for the consent or the relinquishment,
4 except for payments authorized by Chapter 27 (relating to
5 prohibited and permissible activities in connection with
6 adoption).
7 (5) That the minor is not an Indian child as defined in
8 the Indian Child Welfare Act (25 U.S.C. § 1901 et seq.).
9 (6) That the individual believes the adoption of the
10 minor is in the minor's best interest.
11 (7) If a consent, that the individual who is consenting
12 waives further notice unless the adoption is contested,
13 appealed or denied.
14 (e) Waiver of notice valid.--A relinquishment may provide
15 that the individual who is relinquishing waives notice of any
16 proceeding for adoption or waives notice unless the adoption is
17 contested, appealed or denied.
18 (f) Revocation provision.--A consent or relinquishment may
19 provide for its revocation if any of the following occurs:
20 (1) The individual who executes a consent and the
21 prospective adoptive parent, or the individual who
22 relinquishes and the agency that accepts the relinquishment,
23 agree to the revocation of the consent or relinquishment.
24 (2) Another consent or relinquishment is not executed
25 within a specified period.
26 (3) A court decides not to terminate another
27 individual's parental relationship to the minor.
28 (4) In a direct placement for adoption, a petition for
29 adoption by a prospective adoptive parent, named or described
30 in the consent, is denied or withdrawn.
19970H1672B2089 - 34 -
1 § 2277. Consequences of consent or relinquishment.
2 (a) Finality of consent.--Except under a circumstance stated
3 in section 2278 (relating to revocation of consent), a consent
4 to the adoption of a minor which is executed by a parent or
5 guardian in substantial compliance with sections 2275 (relating
6 to procedure for execution of consent or relinquishment) and
7 2276 (relating to providing for content of consent or
8 relinquishment) is final and irrevocable and:
9 (1) Unless a court orders otherwise to protect the
10 welfare of the minor, entitles the prospective adoptive
11 parent named or described in the consent to the legal and
12 physical custody of the minor and imposes on that individual
13 responsibility for the medical and other care and support of
14 the minor.
15 (2) Terminates any duty of a parent who executed the
16 consent with respect to the minor, except for arrearages of
17 child support.
18 (3) Terminates any right of a parent or guardian who
19 executed the consent to object to the minor's adoption by the
20 prospective adoptive parent and any right to notice of the
21 proceeding for adoption unless the adoption is contested,
22 appealed or denied.
23 (b) Finality of relinquishment.--Except under a circumstance
24 stated in section 2279 (relating to revocation of
25 relinquishment), a relinquishment of a minor to an agency which
26 is executed by a parent or guardian in substantial compliance
27 with sections 2275 and 2276 is final and irrevocable and:
28 (1) Unless a court orders otherwise to protect the
29 welfare of the minor, entitles the agency to the legal
30 custody of the minor until a decree of adoption becomes
19970H1672B2089 - 35 -
1 final.
2 (2) Empowers the agency to place the minor for adoption,
3 consent to the minor's adoption and delegate to a prospective
4 adoptive parent responsibility for the medical and other care
5 and support of the minor.
6 (3) Terminates any duty of the individual who executed
7 the relinquishment with respect to the minor, except for
8 arrearages of child support.
9 (4) Terminates any right of the individual who executed
10 the relinquishment to object to the minor's adoption and,
11 unless otherwise provided in the relinquishment, any right to
12 notice of the proceeding for adoption.
13 § 2278. Revocation of consent.
14 (a) Conditions.--In a direct placement of a minor for
15 adoption by a parent or guardian, a consent is revoked if:
16 (1) Within 192 hours after the birth of a minor, a
17 parent who executed the consent notifies in writing the
18 prospective adoptive parent, or the adoptive parent's lawyer,
19 that the parent revokes the consent, or the parent complies
20 with any other instructions for revocation specified in the
21 consent.
22 (2) The individual who executed the consent and the
23 prospective adoptive parent named or described in the consent
24 agree to its revocation and the consent expressly permits
25 revocation in this manner.
26 (b) Consent set aside by court.--In a direct placement of a
27 minor for adoption by a parent or guardian, the court shall set
28 aside the consent if the individual who executed the consent
29 establishes at least one of the following:
30 (1) By clear and convincing evidence, before a decree of
19970H1672B2089 - 36 -
1 adoption is issued, that the consent was obtained by fraud or
2 duress.
3 (2) By a preponderance of the evidence, that without
4 good cause shown, a petition to adopt was not filed within 60
5 days after the minor was placed for adoption.
6 (3) By a preponderance of the evidence, that a condition
7 permitting revocation has occurred, as expressly provided for
8 in the consent pursuant to section 2276(f)(2), (3) and (4)
9 (relating to content of consent or relinquishment).
10 (c) Effect of revocation of consent.--If the consent of an
11 individual who had legal and physical custody of a minor when
12 the minor was placed for adoption or the consent was executed is
13 revoked under subsection (a)(1) or (2), the prospective adoptive
14 parent shall immediately return the minor to the individual's
15 custody and move to dismiss any proceeding for adoption or
16 termination of the individual's parental relationship to the
17 minor. If the minor is not returned immediately, the individual
18 may petition the court named in the consent for appropriate
19 relief. The court shall hear the petition as expeditiously as
20 possible.
21 (d) Court-ordered return of child.--If the consent of an
22 individual who had legal and physical custody of a minor when
23 the minor was placed for adoption or the consent was executed is
24 set aside under subsection (b)(1), the court shall order the
25 return of the minor to the custody of the individual and dismiss
26 a pending proceeding for adoption.
27 (e) Pending adoption proceeding to be dismissed.--If the
28 consent of an individual who had legal and physical custody of a
29 minor when the minor was placed for adoption or the consent was
30 executed is set aside under subsection (b)(2) or (3) and no
19970H1672B2089 - 37 -
1 ground exists under Subchapter E of Chapter 23 (relating to
2 petition to terminate relationship between parent and child),
3 for terminating the parental relationship between the individual
4 and the minor, the court shall dismiss a pending proceeding for
5 adoption and order the return of the minor to the custody of the
6 individual unless the court finds that return will be
7 detrimental to the minor. If the consent of an individual who
8 did not have physical custody of a minor when the minor was
9 placed for adoption or the consent was executed is revoked under
10 subsection (a) or set aside under subsection (b) and no ground
11 exists under Subchapter E of Chapter 23 for terminating the
12 parental relationship between the individual and the minor, the
13 court shall dismiss a pending proceeding for adoption and issue
14 an order providing for the care and custody of the minor
15 according to the best interest of the minor.
16 § 2279. Revocation of relinquishment.
17 (a) Conditions.--A relinquishment is revoked if either of
18 the following occur:
19 (1) Within 192 hours after the birth of the minor, a
20 parent who executed the relinquishment gives written notice
21 to the agency that accepted it that the parent revokes the
22 relinquishment, or the parent complies with any other
23 instructions for revocation specified in the relinquishment.
24 (2) The individual who executed the relinquishment and
25 the agency that accepted it agree to its revocation.
26 (b) Relinquishment set aside by court.--The court shall set
27 aside a relinquishment if the individual who executed the
28 relinquishment establishes at least one of the following:
29 (1) By clear and convincing evidence, before a decree of
30 adoption is issued, that the relinquishment was obtained by
19970H1672B2089 - 38 -
1 fraud or duress.
2 (2) By a preponderance of the evidence, that a condition
3 permitting revocation has occurred.
4 (c) Effect a revocation of relinquishment.--If a
5 relinquishment by an individual who had legal and physical
6 custody of a minor when the relinquishment was executed is
7 revoked under subsection (a)(1) or (2), the agency shall
8 immediately return the minor to the individual's custody and
9 move to dismiss a proceeding for adoption. If the minor is not
10 returned immediately, the individual may petition the court
11 named in the relinquishment for appropriate relief. The court
12 shall hear the petition as expeditiously as possible.
13 (d) Court-ordered return of child.--If a relinquishment by
14 an individual who had legal and physical custody of a minor when
15 the relinquishment was executed is set aside under subsection
16 (b)(1), the court shall dismiss any proceeding for adoption and
17 order the return of the minor to the custody of the individual
18 unless the court finds that return will be detrimental to the
19 minor.
20 (e) Pending adoption proceeding to be dismissed.--If a
21 relinquishment by an individual who had legal and physical
22 custody of a minor when the relinquishment was executed is set
23 aside under subsection (b)(2) and no ground exists under
24 Subchapter E of Chapter 23 (relating to petition to terminate
25 relationship between parent and child) for terminating the
26 parental relationship between the individual and the minor, the
27 court shall dismiss a proceeding for adoption and order the
28 return of the minor to the custody of the individual unless the
29 court finds that return will be detrimental to the minor. If a
30 relinquishment by an individual who did not have physical
19970H1672B2089 - 39 -
1 custody of a minor when the relinquishment was executed is
2 revoked under subsection (a) or set aside under subsection (b)
3 and no ground exists under Subchapter E of Chapter 23 for
4 terminating the parental relationship between the individual and
5 the minor, the court shall dismiss a pending proceeding for
6 adoption and shall issue an order providing for the care and
7 custody of the minor according to the best interest of the
8 minor.
9 CHAPTER 23
10 GENERAL PROCEDURE FOR ADOPTION
11 Subchapter
12 A. Jurisdiction and Venue
13 B. General Procedural Provisions
14 C. Petition for Adoption of Minor
15 D. Notice of Pendency of Proceeding
16 E. Petition to Terminate Relationship Between Parent and
17 Child
18 F. Evaluation of Adoptee and Prospective Adoptive Parent
19 G. Dispositional Hearing; Decree of Adoption
20 H. Birth Certificate
21 SUBCHAPTER A
22 JURISDICTION AND VENUE
23 Sec.
24 2301. Jurisdiction.
25 2302. Venue.
26 § 2301. Jurisdiction.
27 (a) When jurisdiction lies in this Commonwealth.--Except as
28 otherwise provided in subsections (b) and (c), a court of this
29 Commonwealth has jurisdiction over a proceeding for the adoption
30 of a minor commenced under this part if any of the following
19970H1672B2089 - 40 -
1 exists:
2 (1) Immediately preceding commencement of the
3 proceeding, the minor lived in this Commonwealth with a
4 parent, a guardian, a prospective adoptive parent or another
5 person acting as parent for at least six consecutive months,
6 excluding periods of temporary absence, or, in the case of a
7 minor under six months of age, lived in this Commonwealth
8 from soon after birth with any of those individuals and there
9 is available in this Commonwealth substantial evidence
10 concerning the minor's present or future care.
11 (2) Immediately preceding commencement of the
12 proceeding, the prospective adoptive parent lived in this
13 Commonwealth for at least six consecutive months, excluding
14 periods of temporary absence, and there is available in this
15 Commonwealth substantial evidence concerning the minor's
16 present or future care.
17 (3) The agency that placed the minor for adoption is
18 located in this Commonwealth and it is in the best interest
19 of the minor that a court of this Commonwealth assume
20 jurisdiction because:
21 (i) The minor and the minor's parents or the minor
22 and the prospective adoptive parent have a significant
23 connection with this Commonwealth.
24 (ii) There is available in this Commonwealth
25 substantial evidence concerning the minor's present or
26 future care.
27 (4) The minor and the prospective adoptive parent are
28 physically present in this Commonwealth and the minor has
29 been abandoned or it is necessary in an emergency to protect
30 the minor because the minor has been subjected to or
19970H1672B2089 - 41 -
1 threatened with mistreatment or abuse or is otherwise
2 neglected.
3 (5) It appears that no other state would have
4 jurisdiction under prerequisites substantially in accordance
5 with paragraphs (1), (2), (3) and (4) or another state has
6 declined to exercise jurisdiction on the ground that this
7 Commonwealth is the more appropriate forum to hear a petition
8 for adoption of the minor, and it is in the best interest of
9 the minor that a court of this Commonwealth assume
10 jurisdiction.
11 (b) When jurisdiction does not lie in this Commonwealth.--A
12 court of this Commonwealth may not exercise jurisdiction over a
13 proceeding for adoption of a minor if, at the time the petition
14 for adoption is filed, a proceeding concerning the custody or
15 adoption of the minor is pending in a court of another state
16 exercising jurisdiction substantially in conformity with
17 Subchapter B of Chapter 53 (relating to child custody
18 jurisdiction) or this part, unless the proceeding is stayed by
19 the court of the other state because this Commonwealth is a more
20 appropriate forum or for another reason.
21 (c) Out-of-State decree, effect.--If a court of another
22 state has issued a decree or order concerning the custody of a
23 minor who may be the subject of a proceeding for adoption in
24 this Commonwealth, a court of this Commonwealth may not exercise
25 jurisdiction over a proceeding for adoption of the minor unless
26 both the following occur:
27 (1) The court of this Commonwealth finds that the court
28 of the state which issued the decree or order:
29 (i) does not have continuing jurisdiction to modify
30 the decree or order under jurisdictional prerequisites
19970H1672B2089 - 42 -
1 substantially in accordance with Subchapter B of Chapter
2 53 or has declined to assume jurisdiction to modify the
3 decree or order; or
4 (ii) does not have jurisdiction over a proceeding
5 for adoption substantially in conformity with subsection
6 (a)(1), (2), (3) and (4) or has declined to assume
7 jurisdiction over a proceeding for adoption.
8 (2) The court of this Commonwealth has jurisdiction
9 under this section over the proceeding for adoption.
10 § 2302. Venue.
11 A petition for adoption of a minor may be filed in the court
12 in the county in which any of the following occurs:
13 (1) A petitioner lives.
14 (2) The minor lives.
15 (3) An office of an agency that placed the minor is
16 located.
17 SUBCHAPTER B
18 GENERAL PROCEDURAL PROVISIONS
19 Sec.
20 2321. Appointment of lawyer or guardian ad litem.
21 2322. No right to jury.
22 2323. Confidentiality of proceedings.
23 2324. Custody during pendency of proceeding.
24 2325. Removal of adoptee from State.
25 § 2321. Appointment of lawyer or guardian ad litem.
26 (a) Appointment of counsel.--In a proceeding under this part
27 which may result in the termination of a parental relationship,
28 the court shall appoint a lawyer for any indigent, minor or
29 incompetent individual who appears in the proceeding and whose
30 parental relationship to a child may be terminated unless the
19970H1672B2089 - 43 -
1 court finds that the minor or incompetent individual has
2 sufficient financial means to hire a lawyer or an indigent
3 individual declines to be represented by a lawyer.
4 (b) Guardian ad litem.--The court shall appoint a guardian
5 ad litem for a minor adoptee in a contested proceeding under
6 this part and may appoint a guardian ad litem for a minor
7 adoptee in an uncontested proceeding.
8 § 2322. No right to jury.
9 A proceeding under this part for adoption or termination of a
10 parental relationship must be heard by the court without a jury.
11 § 2323. Confidentiality of proceedings.
12 Except for a proceeding under Chapter 27 (relating to
13 prohibited and permissible activities in connection with
14 adoption), a civil proceeding under this part must be heard in
15 closed court.
16 § 2324. Custody during pendency of proceeding.
17 In order to protect the welfare of the minor, the court shall
18 make an interim order for custody of a minor adoptee according
19 to the best interest of the minor in a contested proceeding
20 under this part for adoption or termination of a parental
21 relationship and may make an interim order for custody in an
22 uncontested proceeding.
23 § 2325. Removal of adoptee from State.
24 Before a decree of adoption is issued, a petitioner may not
25 remove a minor adoptee for more than 30 consecutive days from
26 the state in which the petition resides without the permission
27 of the court, if the minor was placed directly for adoption, or,
28 if an agency placed the minor for adoption, the permission of
29 the agency.
30 SUBCHAPTER C
19970H1672B2089 - 44 -
1 PETITION FOR ADOPTION OF MINOR
2 Sec.
3 2331. Standing to file petition.
4 2332. Time for filing petition.
5 2333. Caption of petition.
6 2334. Content of petition.
7 2335. Required documents.
8 § 2331. Standing to file petition.
9 (a) Parties in interest.--Except as otherwise provided in
10 subsection (c), the only individuals who have standing to
11 petition to adopt a minor under this chapter are:
12 (1) An individual with whom a minor has been placed for
13 adoption or who has been selected as a prospective adoptive
14 parent by a person authorized under this part to place the
15 minor for adoption.
16 (2) An individual with whom a minor has not been placed
17 for adoption or who has not been selected or rejected as a
18 prospective adoptive parent under Subchapters A (relating to
19 placement of minor for adoption), B (relating to preplacement
20 evaluation) and C (relating to transfer of physical custody
21 of minor by health care facility or attending practitioner
22 for purposes of adoption) of Chapter 22, but who has had
23 physical custody of the minor for at least six months before
24 seeking to file a petition for adoption and is allowed to
25 file the petition by the court for good cause shown.
26 (b) Joinder of spouse of petitioner.--The spouse of a
27 petitioner must join in the petition unless legally separated
28 from the petitioner or judicially declared mentally incompetent.
29 (c) Adoption of a stepchild.--A petition for adoption of
30 minor stepchild by stepparent may be filed under Chapter 24
19970H1672B2089 - 45 -
1 (relating to adoption of minor stepchild by stepparent) and a
2 petition for adoption of an emancipated minor may be filed under
3 Chapter 25 (relating to adoption of adults and emancipated
4 minors).
5 § 2332. Time for filing petition.
6 (a) Thirty-day time limit.--A prospective adoptive parent
7 shall file a petition for adoption with the court no later than
8 30 days after acquiring standing under section 2331 (relating to
9 standing to file petition), unless the court for good cause
10 allows a later filing.
11 (b) Effect of petition not timely filed.--If a petition is
12 not timely filed under subsection (a), a person whose consent to
13 the adoption is required or the department may commence an
14 action or proceeding challenging the prospective adoptive
15 parent's right to physical custody of the minor.
16 § 2333. Caption of petition.
17 The caption of a petition for adoption of a minor must
18 contain the name of or a pseudonym for the minor adoptee and may
19 not contain the name of the petitioner.
20 § 2334. Content of petition.
21 (a) Contents.--A petition for adoption of a minor must be
22 signed and verified by the petitioner and contain the following
23 information or state why any of the information is not contained
24 in the petition:
25 (1) The full name, age and place and duration of
26 residence of the petitioner.
27 (2) The current marital status of the petitioner,
28 including the date and place of any marriage, the date of any
29 legal separation or divorce and the date of any judicial
30 determination that a petitioner's spouse is incompetent.
19970H1672B2089 - 46 -
1 (3) That the petitioner has facilities and resources to
2 provide for the care and support of the minor.
3 (4) That a preplacement evaluation favorable to the
4 petitioner has been completed or brought current within the
5 12 months next preceding the placement or that a preplacement
6 evaluation has been waived by a court for good cause shown.
7 (5) The first name, sex and date or approximate date and
8 place of birth of the minor adoptee and a statement that the
9 minor is or is not a Native American child as defined in the
10 Indian Child Welfare Act (25 U.S.C. § 1901 et seq.).
11 (6) The circumstances under which the petitioner
12 obtained physical custody of the minor, including the date of
13 placement of the minor with the petitioner for adoption and
14 the name of the agency or the name or relationship to the
15 minor of the individual that placed the minor.
16 (7) The length of time the minor has been in the custody
17 of the petitioner and, if the minor is not in the physical
18 custody of the petitioner, the reason why the petitioner does
19 not have custody and the date and manner in which the
20 petitioner intends to obtain custody.
21 (8) A description and estimate of the value of any
22 property of the minor.
23 (9) That any provision of law governing interstate or
24 intercountry placement was complied with.
25 (10) The name or relationship to the minor of an
26 individual who has executed a consent or relinquishment to
27 the adoption or a disclaimer of paternal interest, and the
28 name or relationship to the minor of any individual whose
29 consent or relinquishment may be required, but whose parental
30 relationship has not been terminated and any fact or
19970H1672B2089 - 47 -
1 circumstance that may excuse the lack of consent.
2 (11) That a previous petition by the petitioner to adopt
3 has or has not been made in any court and its disposition.
4 (12) A description of any previous court order or
5 pending proceeding known to the petitioner concerning custody
6 of or visitation with the minor and any other fact known to
7 the petitioner and needed to establish the jurisdiction of
8 the court.
9 (b) Explicit request required.--The petitioner shall request
10 in the petition all of the following:
11 (1) That the petitioner be permitted to adopt the minor
12 as the petitioner's child.
13 (2) That the court approve the full name by which the
14 minor is to be known if the petition is granted.
15 (3) Any other relief sought by the petitioner.
16 § 2335. Required documents.
17 (a) Other documents in addition to petition.--Before the
18 hearing on a petition for adoption, the following must be filed:
19 (1) A certified copy of the birth certificate or other
20 record of the date and place of birth of the minor adoptee.
21 (2) Any consent, relinquishment or disclaimer of
22 paternal interest with respect to the minor that has been
23 executed, and any written certifications required by section
24 2345(d) and (g) (relating to waiver of notice) from the
25 individual before whom a consent or relinquishment was
26 executed.
27 (3) A certified copy of any court order terminating the
28 rights and duties of the minor's parents or guardian.
29 (4) A certified copy of each parent's or former parent's
30 marriage certificate, decree of divorce, annulment or
19970H1672B2089 - 48 -
1 dissolution, or agreement or decree of legal separation and a
2 certified copy of any court order determining the parent's or
3 former parent's incompetence.
4 (5) A certified copy of any existing court order or the
5 petition in any pending proceeding concerning custody of or
6 visitation with the minor.
7 (6) A copy of the preplacement evaluation and of the
8 evaluation during the pendency of the proceeding for
9 adoption.
10 (7) A copy of any report containing the information
11 required by section 2206 (relating to disclosure of
12 information on background).
13 (8) A document signed pursuant to 2274 (relating to time
14 for execution of consent or relinquishment).
15 (9) A certified copy of the petitioner's marriage
16 certificate, decree of divorce, annulment or dissolution, or
17 agreement or decree of legal separation, and a certified copy
18 of any court order determining the incompetence of the
19 petitioner's spouse.
20 (10) A copy of any agreement with a public agency to
21 provide a subsidy for the benefit of a minor adoptee with a
22 special need.
23 (11) If an agency placed the minor adoptee, a verified
24 document from the agency stating:
25 (i) the circumstances under which it obtained
26 custody of the minor for purposes of adoption;
27 (ii) that it complied with any provision of law
28 governing an interstate or intercountry placement of the
29 minor;
30 (iii) the name or relationship to the minor of any
19970H1672B2089 - 49 -
1 individual whose consent is required, but who has not
2 executed a consent or a relinquishment or whose parental
3 relationship has not been terminated, and any fact or
4 circumstance that may excuse the lack of consent or
5 relinquishment; and
6 (iv) whether it has executed its consent to the
7 proposed adoption and whether it waives notice of the
8 proceeding.
9 (12) The name and address, if known, of any person who
10 is entitled to receive notice of the proceeding for adoption.
11 (b) Explanation of nonavailability of documents.--If an item
12 required by subsection (a) is not available, the person
13 responsible for furnishing the item shall file an affidavit
14 explaining its absence.
15 SUBCHAPTER D
16 NOTICE OF PENDENCY OF PROCEEDING
17 Sec.
18 2341. Service of notice.
19 2342. Content of notice.
20 2343. Manner and effect of service.
21 2344. Investigation and notice to unknown father.
22 2345. Waiver of notice.
23 § 2341. Service of notice.
24 (a) Persons upon whom service is required.--Unless notice
25 has been waived, notice of a proceeding for adoption of a minor
26 must be served, within 20 days after a petition for adoption is
27 filed, upon all of the following:
28 (1) An individual whose consent to the adoption is
29 required under section 2271 (relating to persons whose
30 consent required), but notice need not be served upon an
19970H1672B2089 - 50 -
1 individual whose parental relationship to the minor or whose
2 status as a guardian has been terminated.
3 (2) An agency whose consent to the adoption is required
4 under section 2271.
5 (3) An individual who claims to be or is named as the
6 father or possible father of the minor adoptee and whose
7 paternity of the minor has not been judicially determined,
8 but notice need not be served upon a man who has executed a
9 verified statement, as described in section 2272(a)(4)
10 (relating to persons whose consent not required), denying
11 paternity or disclaiming any interest in the minor.
12 (4) An individual other than the petitioner who has
13 legal or physical custody of the minor adoptee or who has a
14 right of visitation with the minor under an existing court
15 order issued by a court in this Commonwealth or another
16 state.
17 (5) The spouse of the petitioner if the spouse has not
18 joined in the petition.
19 (6) A grandparent of a minor adoptee if the
20 grandparent's child is a deceased parent of the minor and,
21 before death, the deceased parent had not executed a consent
22 or relinquishment or the deceased parent's parental
23 relationship to the minor had not been terminated.
24 (b) Additional persons who may need to be served.--The court
25 shall require notice of a proceeding for adoption of a minor to
26 be served upon any person the court finds, at any time during
27 the proceeding, is:
28 (1) A person described in subsection (a) who has not
29 been given notice.
30 (2) An individual who has revoked a consent or
19970H1672B2089 - 51 -
1 relinquishment under section 2278(a) (relating to revocation
2 of consent) or 2279(a) (relating to revocation of
3 relinquishment) or is attempting to have a consent or
4 relinquishment set aside under section 2278(b) or 2279(b).
5 (3) A person who, on the basis of a previous
6 relationship with the minor adoptee, a parent, an alleged
7 parent or the petitioner, can provide information that is
8 relevant to the proposed adoption and that the court in its
9 discretion wants to hear.
10 § 2342. Content of notice.
11 A notice required by section 2341 (relating to service of
12 notice) must use a pseudonym for a petitioner or any individual
13 named in the petition for adoption who has not waived
14 confidentiality and must contain all of the following:
15 (1) The caption of the petition.
16 (2) The address and telephone number of the court where
17 the petition is pending.
18 (3) A concise summary of the relief requested in the
19 petition.
20 (4) The name, mailing address and telephone number of
21 the petitioner or petitioner's lawyer.
22 (5) A conspicuous statement of the consequences of
23 failure to respond to the notice of the proceeding for
24 adoption.
25 (6) Any statement required by other applicable law or
26 rule.
27 § 2343. Manner and effect of service.
28 (a) Procedure.--Service of the notice required by section
29 2341 (relating to service of notice) must be made in a manner
30 appropriate under the rules of civil procedure for the service
19970H1672B2089 - 52 -
1 of process in a civil action in this Commonwealth unless the
2 court otherwise directs.
3 (b) Forfeiture of right to standing.--Except as otherwise
4 provided in subsection (c), a person who fails to respond to the
5 notice within 20 days after its service is not entitled to
6 participate in or receive further notice of the proceeding for
7 adoption.
8 (c) Exception.--An individual who is a respondent in a
9 petition to terminate the relationship of parent and child under
10 Subchapter E (relating to petition to terminate relationship
11 between parent and child) which is served upon the individual
12 with the notice required by section 2341 is not entitled to
13 participate in or receive further notice of the proceeding for
14 adoption or for termination unless the individual responds to
15 the notice as required by section 2344 (relating to
16 investigation and notice to unknown father).
17 § 2344. Investigation and notice to unknown father.
18 (a) Paternity disclosure.--If, at any time in a proceeding
19 for adoption or for termination of a relationship of parent and
20 child under Subchapter E (relating to petition to terminate
21 relationship between parent and child), the court finds that an
22 unknown father of a minor adoptee may not have received notice,
23 the court shall determine whether he can be identified. The
24 determination shall be based on evidence that includes inquiry
25 of appropriate persons in an effort to identify an unknown
26 father for the purpose of providing notice.
27 (b) Marital status.--The inquiry required by subsection (a)
28 shall include whether:
29 (1) The woman who gave birth to the minor adoptee was
30 married at the probable time of conception of the minor or at
19970H1672B2089 - 53 -
1 a later time.
2 (2) The woman was cohabiting with a man at the probable
3 time of conception of the minor.
4 (3) The woman has received payments or promises of
5 support, other than from a governmental agency, with respect
6 to the minor or because of her pregnancy.
7 (4) The woman has named any individual as the father on
8 the birth certificate of the minor or in connection with
9 applying for or receiving public assistance.
10 (5) Any individual has formally or informally
11 acknowledged or claimed paternity of the minor in a
12 jurisdiction in which the woman resided during or since her
13 pregnancy, or in which the minor has resided or resides, at
14 the time of the inquiry.
15 (c) Determination of paternity.--If inquiry under subsection
16 (b) identifies as the father of the minor an individual who has
17 not received notice of the proceeding, the court shall require
18 notice to be served upon him under section 2343 (relating to
19 manner and effect of service), unless service is not possible
20 because his whereabouts are unknown.
21 (d) Service on father not possible.--If, after inquiry under
22 subsection (b), the court finds that personal service cannot be
23 made upon the father of the minor because his identity or
24 whereabouts is unknown, the court shall order publication or
25 public posting of the notice only if, on the basis of all
26 information available, the court determines that publication or
27 posting is likely to lead to receipt of notice by the father. If
28 the court determines that publication or posting is not likely
29 to lead to receipt of notice, the court may dispense with the
30 publication or posting of a notice.
19970H1672B2089 - 54 -
1 (e) Effect of failure to disclose identity of father.--If,
2 in an inquiry under this section, the woman who gave birth to
3 the minor adoptee fails to disclose the identity of a possible
4 father or reveal his whereabouts, she shall be advised that the
5 proceeding for adoption may be delayed or subject to challenge
6 if a possible father is not given notice of the proceeding and
7 that the lack of information about the father's medical and
8 genetic history may be detrimental to the adoptee.
9 § 2345. Waiver of notice.
10 (a) Writing required.--Notice required under this part may
11 be waived before the court or in a consent, relinquishment or
12 other document signed by a person entitled to receive the
13 notice.
14 (b) Grounds.--Except for the purpose of moving to revoke a
15 consent or relinquishment on the ground that it was obtained by
16 fraud or duress, a person who has waived notice may not appear
17 in the proceeding for adoption.
18 SUBCHAPTER E
19 PETITION TO TERMINATE RELATIONSHIP BETWEEN
20 PARENT AND CHILD
21 Sec.
22 2351. Authorization.
23 2352. Time and content of petition to terminate.
24 2353. Service of petition and notice.
25 2354. Grounds for terminating relationship.
26 2355. Effect of order granting petition.
27 2356. Effect of order denying petition.
28 § 2351. Authorization.
29 A petition to terminate the relationship between a parent or
30 an alleged parent and a minor child may be filed in a proceeding
19970H1672B2089 - 55 -
1 for adoption under this part by any of the following parties:
2 (1) A parent or a guardian who has selected a
3 prospective adoptive parent for a minor and who intends to
4 place or has placed the minor with that individual.
5 (2) A parent whose spouse has filed a petition under
6 Chapter 24 (relating to adoption of minor stepchild by
7 stepparent), to adopt the parent's minor child.
8 (3) A prospective adoptive parent of the minor who has
9 filed a petition to adopt under Chapter 24 of this part.
10 (4) An agency that has selected a prospective adoptive
11 parent for the minor and intends to place or has placed the
12 minor with that individual.
13 § 2352. Time and content of petition to terminate.
14 (a) Petition to adopt precedes petition to terminate.--A
15 petition under this subchapter may be filed at any time after a
16 petition for adoption has been filed under Chapter 24 (relating
17 to adoption of minor stepchild by stepparent) or this chapter
18 and before entry of a decree of adoption.
19 (b) Contents of petition to terminate.--A petition under
20 this subchapter shall be signed and verified by the petitioner,
21 be filed with the court and state all of the following:
22 (1) The name or pseudonym of the petitioner.
23 (2) The name of the minor.
24 (3) The name and last known address of the parent or
25 alleged parent whose parental relationship to the minor is to
26 be terminated.
27 (4) The facts and circumstances forming the basis for
28 the petition and the grounds on which termination of a
29 parental relationship is sought.
30 (5) If the petitioner is a prospective adoptive parent,
19970H1672B2089 - 56 -
1 that the petitioner intends to proceed with the petition to
2 adopt the minor if the petition to terminate is granted.
3 (6) If the petitioner is a parent, a guardian or an
4 agency, that the petitioner has selected the prospective
5 adoptive parent who is the petitioner in the proceeding for
6 adoption.
7 § 2353. Service of petition and notice.
8 (a) Manner of service.--A petition to terminate under this
9 subchapter and a notice of hearing on the petition shall be
10 served upon the respondent, with notice of the proceeding for
11 adoption, in the manner prescribed in sections 2343 (relating to
12 manner and effect of service) and 2344 (relating to
13 investigation and notice to unknown father).
14 (b) Contents of notice.--The notice of the hearing shall
15 inform the respondent that:
16 (1) The respondent has a right to be represented by a
17 lawyer and may be entitled to have a lawyer appointed by the
18 court.
19 (2) Failure to respond within 20 days after service and,
20 in the case of an alleged father, failure to file a claim of
21 paternity within 20 days after service unless a claim of
22 paternity is pending will result in termination of the
23 relationship of parent and child between the respondent and
24 the minor unless the proceeding for adoption is dismissed.
25 § 2354. Grounds for terminating relationship.
26 (a) Service of petition and notice necessary.--If the
27 respondent is served with a petition to terminate under this
28 subchapter and the accompanying notice and does not respond and,
29 in the case of an alleged father, file a claim of paternity
30 within 20 days after the service unless a claim of paternity is
19970H1672B2089 - 57 -
1 pending, the court shall order the termination of any
2 relationship of parent and child between the respondent and the
3 minor unless the proceeding for adoption is dismissed.
4 (b) Exception.--If, under section 2324 (relating to custody
5 during pendency of proceeding), the court dispenses with service
6 of the petition upon the respondent, the court shall order the
7 termination of any relationship of parent and child between the
8 respondent and the minor unless the proceeding for adoption is
9 dismissed.
10 (c) Grounds for involuntary termination.--If the respondent
11 asserts parental rights, the court shall proceed with the
12 hearing as expeditiously as possible and shall order the
13 termination of any relationship of parent and child between the
14 respondent and the minor upon finding, by a preponderance of the
15 evidence, that termination is in the best interest of the minor
16 and, upon clear and convincing evidence, that one of the
17 following grounds exists:
18 (1) In the case of a minor who has not attained six
19 months of age at the time the petition for adoption is filed,
20 unless the respondent proves by a preponderance of the
21 evidence a compelling reason for not complying with this
22 paragraph, the respondent has failed to:
23 (i) pay reasonable prenatal, natal and postnatal
24 expenses in accordance with the respondent's financial
25 means;
26 (ii) make reasonable and consistent payments, in
27 accordance with the respondent's financial means, for the
28 support of the minor;
29 (iii) visit regularly with the minor; and
30 (iv) manifest an ability and willingness to assume
19970H1672B2089 - 58 -
1 legal and physical custody of the minor, if, during this
2 time, the minor was not in the physical custody of the
3 other parent.
4 (2) In the case of a minor who has attained six months
5 of age at the time a petition for adoption is filed unless
6 the respondent proves by a preponderance of the evidence a
7 compelling reason for not complying with this paragraph, the
8 respondent, for a period of at least six consecutive months
9 immediately preceding the filing of the petition, has failed
10 to:
11 (i) make reasonable and consistent payments, in
12 accordance with the respondent's means, for the support
13 of the minor;
14 (ii) communicate or visit regularly with the minor;
15 and
16 (iii) manifest an ability and willingness to assume
17 legal and physical custody of the minor, if, during this
18 time, the minor was not in the physical custody of the
19 other parent.
20 (3) The respondent has been convicted of a crime of
21 violence or of violating a restraining or protective order,
22 and the facts of the crime or violation and the respondent's
23 behavior indicate that the respondent is unfit to maintain a
24 relationship of parent and child with the minor.
25 (4) The respondent is a man who was not married to the
26 minor's mother when the minor was conceived or born and is
27 not the biological or adoptive father of the minor.
28 (5) Termination is justified on a ground specified in
29 section 2511 (relating to grounds for involuntary
30 termination).
19970H1672B2089 - 59 -
1 (d) Finding to be based on clear and convincing evidence.--
2 If the respondent proves by a preponderance of the evidence that
3 he or she had a compelling reason for not complying with the
4 requirements of subsection (c)(1) or (2) and termination is not
5 justified on a ground stated in subsection (c)(3) or (4), the
6 court may terminate the respondent's parental relationship to a
7 minor only upon a finding that termination is in the best
8 interest of the minor and, upon clear and convincing evidence,
9 that at least one of the following conditions exists:
10 (1) If the minor is not in the legal and physical
11 custody of the other parent, the respondent is not able or
12 willing promptly to assume legal and physical custody of the
13 minor and to pay for the minor's support, in accordance with
14 the respondent's financial means.
15 (2) If the minor is in the legal and physical custody of
16 the other parent and a stepparent and the stepparent is the
17 prospective adoptive parent, the respondent is not able or
18 willing promptly to establish and maintain contact with the
19 minor and to pay for the minor's support, in accordance with
20 the respondent's financial means.
21 (3) Placing the minor in the respondent's legal and
22 physical custody would pose a risk of substantial harm to the
23 physical or psychological well-being of the minor because of
24 the circumstances of the minor's conception, the respondent's
25 behavior during the mother's pregnancy or since the minor's
26 birth or the respondent's behavior with respect to other
27 minors indicates that the respondent is unfit to maintain a
28 relationship of parent and child with the minor.
29 (4) Failure to terminate would be detrimental to the
30 minor.
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1 (e) Failure to terminate would be detrimental to the
2 minor.--In determining whether failure to terminate would be
3 detrimental under subsection (d)(4), the court shall consider
4 any relevant factor, including the respondent's efforts to
5 obtain or maintain legal and physical custody of the minor, the
6 role of other persons in thwarting the respondent's efforts to
7 assert parental rights, the respondent's ability to care for the
8 minor, the age of the minor, the quality of any previous
9 relationship between the respondent and the minor and between
10 the respondent and any other minor children, the duration and
11 suitability of the minor's present custodial environment and the
12 effect of a change of physical custody on the minor.
13 § 2355. Effect of order granting petition.
14 An order issued under this subchapter granting the petition:
15 (1) Terminates the respondent's parental relationship to
16 a minor.
17 (2) Extinguishes any right the respondent had to
18 withhold consent to a proposed adoption of the minor or to
19 further notice of a proceeding for adoption.
20 (3) Is a final order for purposes of appeal.
21 § 2356. Effect of order denying petition.
22 (a) Determinations.--If the court denies the petition to
23 terminate a relationship of parent and child, the court shall
24 dismiss the proceeding for adoption and shall determine the
25 legal and physical custody of the minor according to the
26 criteria stated in section 2374 (relating to denial of petition
27 for adoption).
28 (b) Final order.--An order issued under this subchapter
29 denying a petition to terminate a relationship of parent and
30 child is a final order for purposes of appeal.
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1 SUBCHAPTER F
2 EVALUATION OF ADOPTEE AND PROSPECTIVE
3 ADOPTIVE PARENT
4 Sec.
5 2361. Evaluation during proceeding for adoption.
6 2362. Content of evaluation.
7 2363. Time and filing of evaluation.
8 § 2361. Evaluation during proceeding for adoption.
9 (a) Person qualified to conduct evaluation.--After a
10 petition for adoption of a minor is filed, the court shall order
11 that an evaluation be made by an individual qualified under
12 section 2232 (relating to preplacement evaluator), to assist the
13 court in determining whether the proposed adoption is in the
14 best interest of the minor.
15 (b) Documents relevant to evaluation.--The court shall
16 provide the evaluator with copies of the petition for adoption
17 and of the items filed with the petition.
18 § 2362. Content of evaluation.
19 (a) Personal interview with petitioner and adoptee.--An
20 evaluation shall be based on a personal interview with the
21 petitioner in the petitioner's residence and observation of the
22 relationship between the minor adoptee and the petitioner.
23 (b) Written report of evaluation.--An evaluation shall be in
24 writing and contain the following:
25 (1) An account of any change in the petitioner's marital
26 status or family history, physical or mental health, home
27 environment, property, income or financial obligations since
28 the filing of the preplacement evaluation.
29 (2) All reasonably available information concerning the
30 physical, mental and emotional condition of the minor adoptee
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1 which is not included in any report on the minor's health,
2 genetic and social history filed in the proceeding for
3 adoption.
4 (3) Copies of any court order, judgment, decree or
5 pending legal proceeding affecting the minor adoptee, the
6 petitioner or any child of the petitioner.
7 (4) A list of the expenses, fees or other charges
8 incurred, paid or to be paid, and of anything of value
9 exchanged or to be exchanged, in connection with the
10 adoption.
11 (5) Any behavior or characteristics of the petitioner
12 which raise a specific concern, as described in section
13 2234(a) (relating to determining suitability to be adoptive
14 parent), about the petitioner or the petitioner's home.
15 (6) A finding by the evaluator concerning the
16 suitability of the petitioner and the petitioner's home for
17 the minor adoptee and a recommendation concerning the
18 granting of the petition for adoption.
19 § 2363. Time and filing of evaluation.
20 (a) Sixty-day limitation.--The evaluator shall complete a
21 written evaluation and file it with the court within 60 days
22 after receipt of the court's order for an evaluation unless the
23 court for good cause allows a later filing.
24 (b) Exception.--If an evaluation produces a specific
25 concern, as described in section 2234 (relating to determining
26 suitability to be adoptive parent), the evaluation shall be
27 filed immediately and shall explain why the concern poses a
28 significant risk of harm to the physical or psychological well-
29 being of the minor.
30 (c) Petitioner shall receive copy of report.--An evaluator
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1 shall give the petitioner a copy of an evaluation when filed
2 with the court and for two years shall retain a copy and a list
3 of every source for each item of information in the evaluation.
4 (d) Immunity from civil action.--An evaluator who conducts
5 an evaluation in good faith is not subject to civil liability
6 for anything contained in the evaluation.
7 SUBCHAPTER G
8 DISPOSITIONAL HEARING; DECREE OF ADOPTION
9 Sec.
10 2371. Time for hearing on petition.
11 2372. Disclosure of fees and charges.
12 2373. Granting petition for adoption.
13 2374. Denial of petition for adoption.
14 2375. Decree of adoption.
15 2376. Finality of decree.
16 2377. Challenges to decree.
17 § 2371. Time for hearing on petition.
18 The court shall set a date and time for hearing the petition,
19 which shall be no sooner than 90 days and no later than 180 days
20 after the petition for adoption has been filed unless the court
21 for good cause sets an earlier or later date and time.
22 § 2372. Disclosure of fees and charges.
23 At least 10 days before the hearing the following shall be
24 done:
25 (1) The petitioner shall file with the court a signed
26 and verified accounting of any payment or disbursement of
27 money or anything of value made or agreed to be made by or on
28 behalf of the petitioner in connection with the adoption or
29 under Chapter 27 (relating to prohibited and permissible
30 activities in connection with adoption). The accounting shall
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1 include the date and amount of each payment or disbursement
2 made, the name and address of each recipient and the purpose
3 of each payment or disbursement.
4 (2) The lawyer for the petitioner shall file with the
5 court an affidavit itemizing any fee, compensation or other
6 thing of value received by or agreed to be paid to the lawyer
7 incidental to the placement and adoption of the minor.
8 (3) The lawyer for each parent of the minor or for the
9 guardian of the minor shall file with the court an affidavit
10 itemizing any fee, compensation or other thing of value
11 received by or agreed to be paid to the lawyer incidental to
12 the placement and adoption of the minor.
13 (4) If an agency placed the minor for adoption, the
14 agency shall file with the court an affidavit itemizing any
15 fee, compensation or other thing of value received by the
16 agency for or incidental to the placement and adoption of the
17 minor.
18 (5) If a guardian placed the minor for adoption, the
19 guardian shall file with the court an affidavit itemizing any
20 fee, compensation or other thing of value received by the
21 guardian for or incidental to the placement and adoption of
22 the minor.
23 § 2373. Granting petition for adoption.
24 (a) Conditions upon which petition may be granted.--A court
25 shall grant a petition for adoption if it determines that the
26 adoption will be in the best interest of the minor and that all
27 of the following have occurred:
28 (1) At least 90 days have elapsed since the filing of
29 the petition for adoption unless the court for good cause
30 shown waives this requirement.
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1 (2) The adoptee has been in the physical custody of the
2 petitioner for at least 90 days unless the court for good
3 cause shown waives this requirement.
4 (3) Notice of the proceeding for adoption has been
5 served or dispensed with as to any person entitled to receive
6 notice under Subchapter D (relating to notice of pendency of
7 proceeding).
8 (4) Every necessary consent, relinquishment, waiver,
9 disclaimer of paternal interest or judicial order terminating
10 parental rights, including an order issued under Subchapter E
11 (relating to petition to terminate relationship between
12 parent and child), has been obtained and filed with the
13 court.
14 (5) Any evaluation required by this part has been filed
15 with and considered by the court.
16 (6) The petitioner is a suitable adoptive parent for the
17 minor.
18 (7) If applicable, any requirement of this part
19 governing an interstate or intercountry placement for
20 adoption has been met.
21 (8) The Indian Child Welfare Act (25 U.S.C. § 1901 et
22 seq.) is not applicable to the proceeding or, if applicable,
23 its requirements have been met.
24 (9) An accounting and affidavit required by section 2372
25 (relating to disclosure of fees and charges), has been
26 reviewed by the court, and the court has denied, modified or
27 ordered reimbursement of any payment or disbursement that is
28 not authorized by Chapter 27 (relating to prohibited and
29 permissible activities in connection with adoption) or is
30 unreasonable or unnecessary when compared with the expenses
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1 customarily incurred in connection with an adoption.
2 (10) The petitioner has received each report required by
3 section 2206 (relating to disclosure of information on
4 background).
5 (11) Any document signed under section 2274(e) (relating
6 to time for execution of consent or relinquishment)
7 concerning the release of a former parent's identity to the
8 adoptee after the adoptee attains 18 years of age has been
9 filed with the court.
10 (b) Duty of court to report misconduct.--Notwithstanding a
11 finding by the court that an activity prohibited by Chapter 27
12 or another section of this part has occurred, if the court makes
13 the determinations required by subsection (a), the court shall
14 grant the petition for adoption and report the violation to the
15 appropriate authorities.
16 (c) Notification of decree's effect on prior visitation
17 rights.--Except as otherwise provided in Chapter 24 (relating to
18 adoption of minor stepchild by stepparent), the court shall
19 inform the petitioner and any other individual affected by an
20 existing order for visitation or communication with the minor
21 adoptee that the decree of adoption terminates any existing
22 order for visitation or communication.
23 § 2374. Denial of petition for adoption.
24 If a court denies a petition for adoption, it shall dismiss
25 the proceeding and issue an appropriate order for the legal and
26 physical custody of the minor. If the reason for the denial is
27 that a consent or relinquishment is revoked or set aside under
28 section 2278 (relating to revocation of consent) or 2279
29 (relating to revocation of relinquishment), the court shall
30 determine the minor's custody according to the criteria stated
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1 in those sections. If the petition for adoption is denied for
2 any other reason, the court shall determine the minor's custody
3 according to the best interest of the minor.
4 § 2375. Decree of adoption.
5 (a) Essential elements of decree.--A decree of adoption
6 shall state or contain:
7 (1) The original name of the minor adoptee, if the
8 adoption is by a stepparent or relative and, in all other
9 adoptions, the original name or a pseudonym.
10 (2) The name of the petitioner for adoption.
11 (3) Whether the petitioner is married or unmarried.
12 (4) Whether the petitioner is a stepparent of the
13 adoptee.
14 (5) The name by which the adoptee is to be known and
15 when the name takes effect.
16 (6) Information to be incorporated into a new birth
17 certificate to be issued by the registrar unless the
18 petitioner or an adoptee who has attained 12 years of age
19 requests that a new certificate not be issued.
20 (7) The adoptee's date and place of birth, if known, or
21 in the case of an adoptee born outside the United States, as
22 determined under subsection (b).
23 (8) The effect of the decree of adoption as stated in
24 sections 2106 (relating to legal relationship between adoptee
25 and adoptive parent after adoption) through 2108 (relating to
26 other rights of adoptee).
27 (9) That the adoption is in the best interest of the
28 adoptee.
29 (b) Fixing date of birth of adoptee born out of country.--In
30 determining the date and place of birth of an adoptee born
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1 outside the United States, the court shall do the following:
2 (1) Enter the date and place of birth as stated in the
3 birth certificate from the country of origin, the United
4 States Department of State's report of birth abroad or the
5 documents of the United States Immigration and Naturalization
6 Service.
7 (2) If the exact place of birth is unknown, enter the
8 information that is known and designate a place of birth
9 according to the best information known with respect to the
10 country of origin.
11 (3) If the exact date of birth is unknown, determine a
12 date of birth based upon medical evidence as to the probable
13 age of the adoptee and other evidence the court considers
14 appropriate.
15 (4) If documents described in paragraph (1) are not
16 available, determine the date and place of birth based upon
17 evidence the court finds appropriate to consider.
18 (c) Right of privacy of former parent.--Unless a petitioner
19 requests otherwise and the former parent agrees, the decree of
20 adoption may not contain the name of a former parent of the
21 adoptee.
22 (d) Effect of decree on prior visitation rights.--Except for
23 a decree of adoption of a minor by a stepparent which is issued
24 under Chapter 24 (relating to adoption of minor stepchild by
25 stepparent), a decree of adoption of a minor shall contain a
26 statement that the adoption terminates any order for visitation
27 or communication with the minor that was in effect before the
28 decree is issued.
29 (e) Substantial compliance.--Failure to comply with an
30 agreement or order for visitation or communication with an
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1 adoptee is not a ground for challenging the validity of the
2 adoption.
3 § 2376. Finality of decree.
4 A decree of adoption is a final order for purposes of appeal
5 when it is issued and becomes final for other purposes upon the
6 expiration of the time for filing an appeal or upon the denial
7 of any appeal filed within the requisite time.
8 § 2377. Challenges to decree.
9 (a) Appellate review to be expeditious.--An appeal from a
10 decree of adoption or other appealable order issued under this
11 part shall be heard expeditiously.
12 (b) Waiver of appeal.--A decree or order issued under this
13 part may not be vacated, annulled or reversed upon application
14 of a person who waived notice or who was properly served with
15 notice under this part and failed to respond or appear, file an
16 answer or file a claim of paternity within the time allowed.
17 (c) Failure to comply with agreement for visitation or
18 communication.--The validity of a decree of adoption issued
19 under this act may not be challenged for failure to comply with
20 an agreement for visitation or communication with an adoptee.
21 (d) Collateral challenges.--A decree of adoption or other
22 order issued under this part is not subject to a collateral
23 challenge begun more than six months after the decree or order
24 is issued. If a collateral challenge is brought by an individual
25 whose parental relationship to an adoptee is terminated by a
26 decree or order under this part, the court shall deny the
27 challenge unless the court finds by clear and convincing
28 evidence that the decree or order is not in the best interest of
29 the adoptee.
30 (e) Substantial compliance of decree.--A decree that
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1 substantially complies with the requirements of this section is
2 not subject to challenge solely because one or more items
3 required by this section are not contained in the decree.
4 SUBCHAPTER H
5 BIRTH CERTIFICATE
6 Sec.
7 2381. Report of adoption.
8 2382. Issuance of new birth certificate.
9 § 2381. Report of adoption.
10 (a) Notification of decree to vital records.--Within 30 days
11 after a decree of adoption becomes final, the clerk of the court
12 shall prepare a report of adoption on a form furnished by the
13 registrar and certify and send the report to the registrar. The
14 report shall include the following:
15 (1) Information in the court's record of the proceeding
16 for adoption which is necessary to locate and identify the
17 adoptee's birth certificate or, in the case of an adoptee
18 born outside the United States, evidence the court finds
19 appropriate to consider as to the adoptee's date and place of
20 birth.
21 (2) Information in the court's record of the proceeding
22 for adoption which is necessary to issue a new birth
23 certificate for the adoptee and a request that a new
24 certificate be issued unless the court, the adoptive parent
25 or an adoptee who has attained 12 years of age requests that
26 a new certificate not be issued.
27 (3) The file number of the decree of adoption and the
28 date on which the decree became final.
29 (b) Notification of modification to vital records.--Within
30 30 days after a decree of adoption is amended or vacated, the
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1 clerk of the court shall prepare a report of that action on a
2 form furnished by the registrar and shall certify and send the
3 report to the registrar. The report shall include information
4 necessary to identify the original report of adoption and shall
5 also include information necessary to amend or withdraw any new
6 birth certificate that was issued under the original report of
7 adoption.
8 § 2382. Issuance of new birth certificate.
9 (a) Condition precedent to issuance.--Except as otherwise
10 provided in subsection (d), upon receipt of a report of adoption
11 prepared under section 2381 (relating to report of adoption), a
12 report of adoption prepared in accordance with the law of
13 another state or country, a certified copy of a decree of
14 adoption together with information necessary to identify the
15 adoptee's original birth certificate and to issue a new
16 certificate or a report of an amended adoption, the registrar
17 shall:
18 (1) Issue a new birth certificate for an adoptee born in
19 this Commonwealth and furnish a certified copy of the new
20 certificate to the adoptive parent and to an adoptee who has
21 attained 12 years of age.
22 (2) Forward a certified copy of a report of adoption for
23 an adoptee born in another state to the registrar of the
24 state of birth.
25 (3) Issue a certificate of foreign birth for an adoptee
26 adopted in this Commonwealth and who was born outside the
27 United States and was not a citizen of the United States at
28 the time of birth and furnish a certified copy of the
29 certificate to the adoptive parent and to an adoptee who has
30 attained 12 years of age.
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1 (4) Notify an adoptive parent of the procedure for
2 obtaining a revised birth certificate through the United
3 States Department of State for an adoptee born outside the
4 United States who was a citizen of the United States at the
5 time of birth.
6 (5) In the case of an amended decree of adoption, issue
7 an amended birth certificate according to the procedure in
8 paragraph (1) or (3) or follow the procedure in paragraph (2)
9 or (4).
10 (b) Contents of birth certificate issued after an
11 adoption.--Unless otherwise specified by the court, a new birth
12 certificate issued under subsection (a)(1) or (3) or an amended
13 certificate issued under subsection (a)(5), shall include the
14 date and place of birth of the adoptee, substitute the name of
15 the adoptive parent for the name of the individual listed as the
16 adoptee's parent on the original birth certificate and contain
17 any other information prescribed by law.
18 (c) New birth certificate to replace original.--The
19 registrar shall substitute the new or amended birth certificate
20 for the original birth certificate in the registrar's files.
21 (d) Sealing the original birth certificate.--The original
22 certificate and all copies of the certificate in the files of
23 the registrar or any other custodian of vital records in the
24 state shall be sealed and are not subject to inspection until 99
25 years after the adoptee's date of birth but may be inspected as
26 provided in this part.
27 (e) Restrictions on issuing replacement birth certificate.--
28 If the court, the adoptive parent or an adoptee who has attained
29 12 years of age requests that a new or amended birth certificate
30 not be issued, the registrar may not issue a new or amended
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1 birth certificate for an adoptee under subsection (a), but shall
2 forward a certified copy of the report of adoption or of an
3 amended decree of adoption for an adoptee who was born in
4 another state to the appropriate office in the adoptee's state
5 of birth.
6 (f) Restoration of original birth certificate.--Upon receipt
7 of a report that an adoption has been vacated, the registrar
8 shall:
9 (1) Restore the original birth certificate for an
10 individual born in this Commonwealth to its place in the
11 files, seal any new or amended birth certificate issued under
12 subsection (a) and not allow inspection of a sealed birth
13 certificate except upon court order or as otherwise provided
14 in this part.
15 (2) Forward the report with respect to an individual
16 born in another state to the appropriate office in the state
17 of birth.
18 (3) Notify the individual who is granted legal custody
19 of a former adoptee after an adoption is vacated of the
20 procedure for obtaining an original birth certificate through
21 the United States Department of State for a former adoptee
22 born outside the United States who was a citizen of the
23 United States at the time of birth.
24 (g) Authorization to furnish birth parent with original
25 birth certificate.--Upon request by an individual who was listed
26 as a parent on a child's original birth certificate and who
27 furnishes appropriate proof of the individual's identity, the
28 registrar shall give the individual a noncertified copy of the
29 original birth certificate.
30 CHAPTER 24
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1 ADOPTION OF MINOR STEPCHILD BY STEPPARENT
2 Sec
3 2401. Standing to adopt minor stepchild.
4 2402. Legal consequences of adoption of stepchild.
5 2403. Consent to adoption.
6 2404. Content of consent by stepparent's spouse.
7 2405. Content of consent by minor's other parent.
8 2406. Content of consent by other persons.
9 2407. Petition to adopt.
10 2408. Required documents.
11 2409. Notice of pendency of proceeding.
12 2410. Evaluation of stepparent.
13 2411. Dispositional hearing; decree of adoption.
14 2412. Visitation agreement and order.
15 2413. Other provisions applicable to adoption of
16 stepchild.
17 § 2401. Standing to adopt minor stepchild.
18 (a) Conditions.--An individual has standing under this
19 chapter to petition to adopt a minor stepchild who is the child
20 of the individual's spouse if:
21 (1) The spouse has sole legal and physical custody of
22 the child and the child has been in the physical custody of
23 the spouse and the stepparent during the 60 days next
24 preceding the filing of a petition for adoption.
25 (2) The spouse has joint legal custody of the child with
26 the child's other parent and the child has resided primarily
27 with the spouse and the stepparent during the 12 months next
28 preceding the filing of the petition.
29 (3) The spouse is deceased or mentally incompetent, but
30 before dying or being judicially declared mentally
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1 incompetent and had legal and physical custody of the child,
2 and the child has resided primarily with the stepparent
3 during the 12 months next preceding the filing of the
4 petition.
5 (4) An agency placed the minor stepchild with the
6 stepparent under section 2203 (relating to placement for
7 adoption by agency).
8 (5) For good cause shown, a court allows an individual
9 who does not meet the requirements of subsection (a)(1)
10 through (4) has consent of the custodial parent to file a
11 petition for adoption under this chapter.
12 (b) Termination of noncustodial parent's rights.--A petition
13 for adoption by a stepparent may be joined with a petition under
14 Subchapter E of Chapter 23 (relating to petition to terminate
15 relationship between parent and child), to terminate the
16 parental relationship between the minor adoptee and the
17 adoptee's parent who is not the stepparent's spouse.
18 § 2402. Legal consequences of adoption of stepchild.
19 (a) Effect of adoption.--Except as otherwise provided in
20 subsections (b) and (c), the legal consequences of an adoption
21 of a stepchild by a stepparent are the same as under sections
22 2105 (relating to name of adoptee after adoption) through 2108
23 (relating to other rights of adoptee).
24 (b) What adoption by stepparent does not effect.--An
25 adoption by a stepparent does not affect:
26 (1) The relationship between the adoptee and the
27 adoptee's parent who is the adoptive stepparent's spouse or
28 deceased spouse.
29 (2) An existing court order for visitation or
30 communication with a minor adoptee by an individual related
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1 to the adoptee through the parent who is the adoptive
2 stepparent's spouse or deceased spouse.
3 (3) The right of the adoptee or a descendant of the
4 adoptee to inheritance or intestate succession through or
5 from the adoptee's former parent and the right to be treated
6 as a child, heir or issue of the former parent for the
7 purpose of construing a donative disposition in an
8 instrument, whether executed before or after the adoption,
9 unless otherwise provided in the instrument.
10 (c) Decree does not terminate certain preexisting order.--In
11 an adoption by a stepparent, the decree of adoption does not
12 terminate an order described in subsection (b)(2) or a court
13 order or agreement for visitation or communication with a minor
14 adoptee approved by the court under section 2412 (relating to
15 visitation agreement and order), but failure to comply with an
16 agreement or order is not a ground for challenging the validity
17 of the adoption.
18 § 2403. Consent to adoption.
19 Unless consent is not required under section 2272 (relating
20 to persons whose consent not required), a petition to adopt a
21 minor stepchild may be granted only if consent to the adoption
22 has been executed by a stepchild who has attained 12 years of
23 age and:
24 (1) the minor's parents as described in section 2271
25 (relating to persons whose consent required);
26 (2) the minor's guardian if expressly authorized by a
27 court to consent to the minor's adoption; or
28 (3) an agency that placed the minor for adoption by the
29 stepparent.
30 § 2404. Content of consent by stepparent's spouse.
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1 (a) Execution of custodial parent's consent.--A consent
2 executed by a parent who is the stepparent's spouse shall be
3 signed or confirmed in the presence of an individual specified
4 in section 2275 (relating to procedure for execution of consent
5 or relinquishment) or an individual authorized to take
6 acknowledgments.
7 (b) Contents of custodial parent's consent.--A consent under
8 subsection (a) shall be in writing, shall contain the required
9 statements described in section 2276(a)(1) through (3) and
10 (d)(3) through (6) (relating to content of consent or
11 relinquishment), may contain the optional statements described
12 in section 2276(f) and shall state the following:
13 (1) The parent executing the consent has legal and
14 physical custody of the parent's minor child and voluntarily
15 and unequivocally consents to the adoption of the minor by
16 the stepparent.
17 (2) The adoption will not terminate the parental
18 relationship between the parent executing the consent and the
19 minor child.
20 (3) The parent executing the consent understands and
21 agrees that the adoption will terminate the parental
22 relationship between the minor and the minor's other parent
23 and will terminate any existing court order for custody,
24 visitation or communication with the minor but:
25 (i) the minor and any descendant of the minor will
26 retain the opportunity to inherit from or through the
27 other parent;
28 (ii) a court order for visitation or communication
29 with the minor by an individual related to the minor
30 through the parent executing the consent, or an agreement
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1 or order concerning another individual which is approved
2 by the court under section 2412 (relating to visitation
3 agreement and order) survives the decree of adoption, but
4 failure to comply with the terms of the order or
5 agreement is not a ground for revoking or setting aside
6 the consent or the adoption; and
7 (iii) the other parent remains liable for arrearage
8 of child support unless released from the obligation by
9 the parent executing the consent and by a governmental
10 entity providing public assistance to the minor.
11 (c) Notification to noncustodial parent nonwaivable.--The
12 consent may not waive further notice of the proceeding for
13 adoption of the minor by the stepparent.
14 § 2405. Content of consent by minor's other parent.
15 (a) Execution of noncustodial parent's consent.--A consent
16 executed by a minor's parent who is not the stepparent's spouse
17 shall be signed or confirmed in the presence of an individual
18 specified in section 2275 (relating to procedure for execution
19 of consent or relinquishment).
20 (b) Contents of noncustodial parent's consent.--A consent
21 under subsection (a) shall be in writing, shall contain the
22 required statements described in section 2276(a)(1) through (3)
23 and (d)(3)through (6), (relating to content of consent or
24 relinquishment), may contain the optional statements described
25 in section 2276(f) and shall state the following:
26 (1) The parent executing the consent voluntarily and
27 unequivocally consents to the adoption of the minor by the
28 stepparent and the transfer to the minor's other parent and
29 the adoptive stepparent of any right the parent executing the
30 consent has to legal or physical custody of the minor.
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1 (2) The parent executing the consent understands and
2 agrees that the adoption will terminate his or her parental
3 relationship to the minor and will terminate any existing
4 court order for custody, visitation or communication with the
5 minor, but:
6 (i) the minor and any descendant of the minor will
7 retain the opportunity to inherit from or through the
8 parent executing the consent;
9 (ii) a court order for visitation or communication
10 with the minor by an individual related to the minor
11 through the minor's other parent, or an agreement or
12 order concerning another individual which is approved by
13 the court under section 2412 (relating to visitation
14 agreement and order) survives the decree of adoption, but
15 failure to comply with the terms of the order or
16 agreement is not a ground for revoking or setting aside
17 the consent or the adoption; and
18 (iii) the parent executing the consent remains
19 liable for arrearages of child support unless released
20 from that obligation by the other parent and any guardian
21 ad litem of the minor and by a governmental entity
22 providing public assistance to the minor.
23 (3) The parent executing the consent has provided the
24 adoptive stepparent with the information required by section
25 2206 (relating to disclosure of information on background).
26 (c) Consent by noncustodial parent may waive notification.--
27 A consent under subsection (a) may waive notice of the
28 proceeding for adoption of the minor by the stepparent, unless
29 the adoption is contested, appealed or denied.
30 § 2406. Content of consent by other persons.
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1 (a) Execution of guardian's consent.--A consent executed by
2 the guardian of a minor stepchild or by an agency shall be in
3 writing and signed or confirmed in the presence of the court or
4 in a manner the court directs, and:
5 (1) shall state the circumstances under which the
6 guardian or agency obtained the authority to consent to the
7 adoption of the minor by a stepparent;
8 (2) shall contain the statements required by sections
9 2404 (relating to content of consent by stepparent's spouse)
10 and 2405 (relating to content of consent by minor's other
11 parent), except for any that can be made only by a parent of
12 the minor; and
13 (3) may waive notice of the proceeding for adoption
14 unless the adoption is contested, appealed or denied.
15 (b) Execution of minor's consent.--A consent executed by a
16 minor stepchild in a proceeding for adoption by a stepparent
17 shall be signed or confirmed in the presence of the court or in
18 a manner the court directs.
19 § 2407. Petition to adopt.
20 (a) Information to be set forth.--A petition by a stepparent
21 to adopt a minor stepchild shall be signed and verified by the
22 petitioner and contain the following information or state why
23 any of the information is not contained in the petition:
24 (1) The information required by section 2334(a)(1), (3),
25 (5) and (8) through (12) and (b), (relating to content of
26 petition).
27 (2) The current marital status of the petitioner,
28 including the date and place of marriage, the name and date
29 and place of birth of the petitioner's spouse and, if the
30 spouse is deceased, the date, place and cause of death and,
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1 if the spouse is incompetent, the date on which a court
2 declared the spouse incompetent.
3 (3) The length of time the minor has been residing with
4 the petitioner and the petitioner's spouse and, if the minor
5 is not in the physical custody of the petitioner and the
6 petitioner's spouse, the reason why they do not have custody
7 and when they intend to obtain custody.
8 (4) The length of time the petitioner's spouse or the
9 petitioner has had legal custody of the minor and the
10 circumstances under which legal custody was obtained.
11 § 2408. Required documents.
12 (a) Subsequent to petition.--After a petition to adopt a
13 minor stepchild is filed, the following shall be filed in the
14 proceeding:
15 (1) Any item required by section 2335(a) (relating to
16 required documents) which is relevant to an adoption by a
17 stepparent.
18 (2) A copy of any agreement to waive arrearage of child
19 support.
20 (b) Explanation of unavailable documents.--If any of the
21 items required by subsection (a) is not available, the person
22 responsible for furnishing the item shall file an affidavit
23 explaining its absence.
24 § 2409. Notice of pendency of proceeding.
25 (a) Who shall be served.--Within 30 days after a petition to
26 adopt a minor stepchild is filed, the petitioner shall serve
27 notice of the proceeding upon:
28 (1) The petitioner's spouse.
29 (2) Any other person whose consent to the adoption is
30 required under this chapter, except a person who has waived
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1 notice or whose parental relationship to the minor or status
2 as a guardian has been terminated.
3 (3) Any person described in section 2341(a)(3), (4) and
4 (6) and (b) (relating to service of notice).
5 (4) The parents of the minor's parent whose parental
6 relationship will be terminated by the adoption unless the
7 identity or the whereabouts of those parents are unknown.
8 § 2410. Evaluation of stepparent.
9 (a) Person qualified to conduct evaluation.--After a
10 petition for adoption of a minor stepchild is filed, the court
11 may order that an evaluation be made by an individual qualified
12 under section 2232 (relating to preplacement evaluator) to
13 assist the court in determining whether the proposed adoption is
14 in the best interest of the minor.
15 (b) Documents relevant to evaluation.--The court shall
16 provide an evaluator with copies of the petition for adoption
17 and of the items filed with the petition.
18 (c) Personal interview with petitioner and adoptee.--Unless
19 otherwise directed by the court, an evaluator shall base the
20 evaluation on a personal interview with the petitioner and the
21 petitioner's spouse in the petitioner's residence, observation
22 of the relationship between the minor and the petitioner, any
23 personal interview of others who know the petitioner and any
24 information received under subsection (d).
25 (d) Written report of evaluation.--An evaluation under this
26 section shall be in writing and contain the following:
27 (1) The information required by section 2233(d) and (e)
28 (relating to timing and content of preplacement evaluation).
29 (2) The information required by section 2362(b)(2)
30 through (5) (relating to content of evaluation).
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1 (3) The finding required by section 2362(b)(6).
2 (e) Sixty-day limitation.--An evaluator shall complete an
3 evaluation and file it with the court within 60 days after being
4 asked for the evaluation under this section unless the court
5 allows a later filing.
6 (f) Immediate filing and notice requirements.--Section
7 2363(b) and (c) (relating to time and filing of evaluation)
8 apply to an evaluation under this section.
9 § 2411. Dispositional hearing; decree of adoption.
10 Sections 2371 (relating to time for hearing on petition)
11 through 2377 (relating to challenges to decree) apply to a
12 proceeding for adoption of a minor stepchild by a stepparent,
13 but the court may waive the requirements of section 2372
14 (relating to disclosure of fees and charges).
15 § 2412. Visitation agreement and order.
16 (a) Petition to review contingent visitation agreement.--
17 Upon the request of the petitioner in a proceeding for adoption
18 of a minor stepchild, the court shall review a written agreement
19 that permits another individual to visit or communicate with the
20 minor after the decree of adoption becomes final, which must be
21 signed by the individual, the petitioner, the petitioner's
22 spouse, the minor if 12 years of age or older and, if an agency
23 placed the minor for adoption, an authorized employee of this
24 agency.
25 (b) Basis for approval of visitation agreement.--The court
26 may enter an order approving the agreement only upon determining
27 that the agreement is in the best interest of the minor adoptee.
28 In making this determination, the court shall consider:
29 (1) The preference of the minor, if the minor is mature
30 enough to express a preference.
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1 (2) Any special needs of the minor and how they would be
2 affected by performance of the agreement.
3 (3) The length and quality of any existing relationship
4 between the minor and the individual who would be entitled to
5 visit or communicate and the likely effect on the minor of
6 allowing this relationship to continue.
7 (4) The specific terms of the agreement and the
8 likelihood that the parties to the agreement will cooperate
9 in performing its terms.
10 (5) The recommendation of the minor's guardian ad litem,
11 lawyer, social worker or other counselor.
12 (6) Any other factor relevant to the best interest of
13 the minor.
14 (c) Basis for order of visitation.--In addition to any
15 agreement approved under subsections (a) and (b), the court may
16 approve the continuation of an existing order or issue a new
17 order permitting the minor adoptee's former parent, grandparent
18 or sibling to visit or communicate with the minor if it finds
19 all of the following:
20 (1) The grandparent is the parent of a deceased parent
21 of the minor or the parent of the adoptee's parent whose
22 parental relationship to the minor is terminated by the
23 decree of adoption.
24 (2) The former parent, grandparent or sibling requests
25 that an existing order be permitted to survive the decree of
26 adoption or that a new order be issued.
27 (3) The court determines that the requested visitation
28 or communication is in the best interest of the minor.
29 (d) Best interests of minor considerations.--In making a
30 determination under subsection (c)(3), the court shall consider
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1 the factors listed in subsection (b) and any objections to the
2 requested order by the adoptive stepparent and the stepparent's
3 spouse.
4 (e) Enforceability.--An order issued under this section may
5 be enforced in a civil action only if the court finds that
6 enforcement is in the best interest of a minor adoptee.
7 (f) Modifications.--An order issued under this section may
8 not be modified unless the court finds that modification is in
9 the best interest of a minor adoptee and also finds one of the
10 following:
11 (1) The individuals subject to the order request the
12 modification.
13 (2) Exceptional circumstances arising since the order
14 was issued justify the modification.
15 (g) Immutable nature of valid adoption.--Failure to comply
16 with the terms of an order approved under this section or with
17 any other agreement for visitation or communication is not a
18 ground for revoking, setting aside or otherwise challenging the
19 validity of any consent, relinquishment or adoption pertaining
20 to a minor stepchild, and the validity of the consent,
21 relinquishment and adoption are not affected by any later action
22 to enforce, modify or set aside the order or agreement.
23 § 2413. Other provisions applicable to adoption of stepchild.
24 Except as otherwise provided by this chapter, Chapter 23
25 (relating to general procedure for adoption) applies to an
26 adoption of a minor stepchild by a stepparent.
27 CHAPTER 25
28 ADOPTION OF ADULTS AND EMANCIPATED MINORS
29 Sec.
30 2501. Who may adopt adult or emancipated minor.
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1 2502. Legal consequences of adoption.
2 2503. Consent to adoption.
3 2504. Jurisdiction and venue.
4 2505. Petition for adoption.
5 2506. Notice and time of hearing.
6 2507. Dispositional hearing.
7 2508. Decree of adoption.
8 § 2501. Who may adopt adult or emancipated minor.
9 (a) General rule.--An adult may adopt another adult or an
10 emancipated minor under this chapter, but:
11 (1) An adult may not adopt his or her spouse.
12 (2) An incompetent individual of any age may be adopted
13 only under Chapters 22 (relating to adoption of minors), 23
14 (relating to general procedure for adoption) and 24 (relating
15 to adoption of minor stepchild by stepparent).
16 (b) Limitation.--An individual who has adopted an adult or
17 emancipated minor may not adopt another adult or emancipated
18 minor within one year after the adoption unless the prospective
19 adoptee is a sibling of the existing adoptee.
20 § 2502. Legal consequences of adoption.
21 The legal consequences of an adoption of an adult or
22 emancipated minor are the same as under sections 2105 (relating
23 to name of adoptee after adoption) through 2108 (relating to
24 other rights of adoptee), but the legal consequences of adoption
25 of an adult stepchild by an adult stepparent are the same as
26 under section 2402 (relating to legal consequences of adoption
27 of stepchild).
28 § 2503. Consent to adoption.
29 (a) Persons required to consent.--Consent to the adoption of
30 an adult or emancipated minor is required only of the following
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1 persons:
2 (1) The adoptee.
3 (2) The prospective adoptive parent.
4 (3) The spouse of the prospective adoptive parent unless
5 they are legally separated or the court finds that the spouse
6 is not capable of giving consent or is withholding consent
7 contrary to the best interest of the adoptee and the
8 prospective adoptive parent.
9 (b) Form of consent.--The consent of the adoptee and the
10 prospective adoptive parent shall:
11 (1) Be in writing and be signed or confirmed by each of
12 them in the presence of the court or an individual authorized
13 to take acknowledgments.
14 (2) State that they agree to assume toward each other
15 the legal relationship of parent and child and to have all of
16 the rights and be subject to all of the duties of that
17 relationship.
18 (3) State that they understand the consequences the
19 adoption may have for any right of inheritance, property or
20 support each has.
21 (c) Form of consent of spouse of adoptive parent, if any.--
22 The consent of the spouse of the prospective adoptive parent:
23 (1) Shall be in writing and be signed or confirmed in
24 the presence of the court or an individual authorized to take
25 acknowledgments.
26 (2) Shall state that the spouse:
27 (i) consents to the proposed adoption; and
28 (ii) understands the consequences the adoption may
29 have for any right of inheritance, property or support
30 the spouse has.
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1 (3) May waive notice of the adoption proceeding.
2 § 2504. Jurisdiction and venue.
3 (a) Residency of petition.--The court has jurisdiction over
4 a proceeding for the adoption of an adult or emancipated minor
5 under this chapter if a petitioner lived in this Commonwealth
6 for at least 90 days immediately preceding the filing of a
7 petition for adoption.
8 (b) County venue.--A petition for adoption may be filed in
9 the court in the county in which a petitioner lives.
10 § 2505. Petition for adoption.
11 (a) Joint filing.--A prospective adoptive parent and an
12 adoptee under this chapter shall jointly file a petition for
13 adoption.
14 (b) Contents.--The petition shall be signed and verified by
15 each petitioner and shall state:
16 (1) The full name, age and place and duration of
17 residence of each petitioner.
18 (2) The current marital status of each petitioner,
19 including the date and place of marriage, if married.
20 (3) The full name by which the adoptee is to be known if
21 the petition is granted.
22 (4) The duration and nature of the relationship between
23 the prospective adoptive parent and the adoptee.
24 (5) That the prospective adoptive parent and the adoptee
25 desire to assume the legal relationship of parent and child
26 and to have all of the rights and be subject to all of the
27 duties of that relationship.
28 (6) That the adoptee understands that a consequence of
29 the adoption will be to terminate the adoptee's relationship
30 as the child of an existing parent, but, if the adoptive
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1 parent is the adoptee's stepparent, the adoption will not
2 affect the adoptee's relationship with a parent who is the
3 stepparent's spouse, but will terminate the adoptee's
4 relationship to the adoptee's other parent, except for the
5 right to inherit from or through that parent.
6 (7) The name and last known address of any other
7 individual whose consent is required.
8 (8) The name, age and last known address of any child of
9 the prospective adoptive parent, including a child previously
10 adopted by the prospective adoptive parent or his or her
11 spouse, and the date and place of the adoption.
12 (9) The name, age and last known address of any living
13 parent or child of the adoptee.
14 (b) Additional documentation.--The petitioners shall attach
15 to the petition:
16 (1) A certified copy of the birth certificate or other
17 evidence of the date and place of birth of the adoptee and
18 the prospective adoptive parent, if available.
19 (2) Any required consent that has been executed.
20 § 2506. Notice and time of hearing.
21 (a) Notice requirements.--Within 30 days after a petition
22 for adoption is filed, the petitioners shall serve notice of
23 hearing the petition upon any individual whose consent to the
24 adoption is required under section 2503 (relating to consent to
25 adoption), and who has not waived notice, by sending a copy of
26 the petition and notice of hearing to the individual at the
27 address stated in the petition, or according to the manner of
28 service provided in section 2343 (relating to manner and effect
29 of service).
30 (b) Hearing.--The court shall set a date and time for
19970H1672B2089 - 90 -
1 hearing the petition, which shall be at least 30 days after the
2 notice is served.
3 § 2507. Dispositional hearing.
4 (a) Personal appearance of petitioners.--Both petitioners
5 shall appear in person at the hearing, unless an appearance is
6 excused for good cause shown. In that event an appearance may be
7 made for either or both of them by a lawyer authorized in
8 writing to make the appearance, or a hearing may be conducted by
9 telephone or other electronic medium.
10 (b) Determinations to be made by court.--The court shall
11 examine the petitioners or the lawyer for a petitioner not
12 present in person and shall grant the petition for adoption if
13 it determines that:
14 (1) At least 30 days have elapsed since the service of
15 notice of hearing the petition for adoption.
16 (2) Notice has been serve or dispensed with as to any
17 person whose consent is required under section 2503 (relating
18 to consent to adoption).
19 (3) Every necessary consent, waiver, document or
20 judicial order has been obtained and filed with the court.
21 (4) The adoption is for the purpose of creating the
22 relationship of parent and child between the petitioners and
23 the petitioners understand the consequences of the
24 relationship.
25 (5) There has been substantial compliance with this
26 part.
27 § 2508. Decree of adoption.
28 (a) Form and effect.--A decree of adoption issued under this
29 chapter shall conform to the relevant requirements of section
30 2375 (relating to decree of adoption) and appeals from a decree
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1 or challenges to it are governed by sections 2376 (relating to
2 finality of decree) and 2377 (relating to challenges to decree).
3 (b) Court to provide copies of decree.--The court shall send
4 a copy of the decree to each individual names in the petition at
5 the address stated in the petition.
6 (c) Birth records.--Within 30 days after a decree of
7 adoption becomes final, the clerk of the court shall prepare a
8 report of the adoption for the registrar, and, if the
9 petitioners have requested it, the report shall instruct the
10 registrar to issue a new birth certificate to the adoptee, as
11 provided in Subchapter H of Chapter 23 (relating to birth
12 certificates).
13 CHAPTER 26
14 RECORDS OF ADOPTION PROCEEDING: RETENTION,
15 CONFIDENTIALITY AND ACCESS
16 Sec.
17 2601. Definitions.
18 2602. Records confidential, court records sealed.
19 2603. Release of nonidentifying information.
20 2604. Release of identifying information.
21 2605. Action for release of information.
22 2606. Statewide registry.
23 2607. Release of original birth certificate.
24 2608. Certificate of adoption.
25 2609. Disclosure authorized in course of employment.
26 2610. Fee for services.
27 § 2601. Definitions.
28 As used in this chapter, "records" includes all documents,
29 exhibits and data pertaining to an adoption.
30 § 2602. Records confidential, court records sealed.
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1 (a) How to inspect records.--All records, whether on file
2 with court or in the possession of an agency, the registrar, a
3 lawyer or other provider of professional services in connection
4 with an adoption, are confidential and may not be inspected
5 except as provided in this part.
6 (b) Court order required.--During a proceeding for adoption,
7 records are not open to inspection except as directed by the
8 court.
9 (c) Notice to vital records.--Within 30 days after a decree
10 of adoption becomes final, the clerk of the court shall send to
11 the registrar, in addition to the report of adoption required by
12 section 2381 (relating to report of adoption), a certified copy
13 of any document signed under section 2274(e) (relating to time
14 for execution of consent or relinquishment) and filed in the
15 proceeding for adoption.
16 (d) Ninety-nine year rule.--All records on file with the
17 court shall be retained permanently and sealed for 99 years
18 after the date of the adoptee's birth. Sealed records and
19 indices of the records are not open to inspection by any person
20 except as provided in this part.
21 (e) Supplemental information.--Any additional information
22 about an adoptee, the adoptee's former parents and the adoptee's
23 genetic history that is submitted to the court within the 99-
24 year period, shall be added to the sealed records of the court.
25 Any additional information that is submitted to an agency,
26 lawyer or other professional provider of services within the 99-
27 year period shall be kept confidential.
28 § 2603. Release of nonidentifying information.
29 (a) Request for release of nonidentifying data.--An adoptive
30 parent or guardian of an adoptee, an adoptee who has attained 18
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1 years of age, an emancipated adoptee, a deceased adoptee's
2 direct descendant who has attained 18 years of age or the parent
3 or guardian of a direct descendant who has not attained 18 years
4 of age may request the court that granted the adoption or the
5 agency that placed the adoptee for adoption to furnish the
6 nonidentifying information about the adoptee, the adoptee's
7 former parents and the adoptee's genetic history that has been
8 retained by the court or agency, including the information
9 required by section 2206 (relating to disclosure of information
10 on background).
11 (b) Data to be provided in summary form.--The court or
12 agency shall furnish the individual who makes the request with a
13 detailed summary of any relevant report or information that is
14 included in the sealed records of the court or the confidential
15 records of the agency. The summary shall exclude identifying
16 information concerning an individual who has not filed a waiver
17 of confidentiality with the court or agency. The department or
18 the court shall prescribe forms and a procedure for summarizing
19 any report or information released under this section.
20 (c) Denial of request.--An individual who is denied access
21 to nonidentifying information to which the individual is
22 entitled under this chapter or section 2206 may petition the
23 court for relief.
24 (d) Notification to adoptee of new health data.--If a court
25 receives a certified statement from a physician explaining in
26 detail how a health condition may seriously affect the health of
27 the adoptee or a direct descendant of the adoptee, the court
28 shall make a diligent effort to notify an adoptee who has
29 attained 18 years of age, an adoptive parent of an adoptee who
30 has not attained 18 years of age or a direct descendant of a
19970H1672B2089 - 94 -
1 deceased adoptee that the nonidentifying information is
2 available and may be requested from the court.
3 (e) Notification to biological family of new health data.--
4 If a court receives a certified statement from a physician
5 explaining in detail why a serious health condition of the
6 adoptee or a direct descendant of the adoptee should be
7 communicated to the adoptee's genetic parent or sibling to
8 enable them to make an informed reproductive decision, the court
9 shall make a diligent effort to notify those individuals that
10 the nonidentifying information is available and may be requested
11 from the court.
12 (f) If the registrar receives a request or any additional
13 information from an individual under this section, the registrar
14 shall give the individual the name and address of the court or
15 agency having the records and, if the court or agency is in
16 another state, shall assist the individual in locating the court
17 or agency. The registrar shall prescribe a reasonable procedure
18 for verifying the identity, age or other relevant
19 characteristics of an individual who requests or furnishes
20 information under this section.
21 § 2604. Release of identifying information.
22 (a) General rule prohibits release of identifying
23 information.--Except as otherwise provided in this chapter,
24 identifying information about an adoptee's former parent, an
25 adoptee or an adoptive parent which is contained in records,
26 including original birth certificates, required by this part to
27 be confidential or sealed may not be released to any person.
28 (b) Grounds for releasing identifying information of former
29 parent.--Identifying information about an adoptee's former
30 parent shall be released by the registrar to an adoptee who has
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1 attained 18 years of age, an adoptive parent of an adoptee who
2 has not attained 18 years of age, a deceased adoptee's direct
3 descendant who has attained 18 years of age or the parent or
4 guardian of a direct descendant who has not attained 18 years of
5 age if one of these individuals requests the information and:
6 (1) the adoptee's former parent, or, if the former
7 parent is deceased or has been judicially declared
8 incompetent, an adult descendant of the former parent,
9 authorizes the release of his or her name, date of birth,
10 last known address or other identifying information, either
11 in a document signed under section 2274(e) (relating to time
12 for execution of consent or relinquishment) and filed in the
13 proceeding for adoption or in another signed document filed
14 with the court, an agency or the registrar; or
15 (2) the adoptee's former parent authorizes the release
16 of the requested information only if the adoptee, adoptive
17 parent or direct descendant agrees to release similar
18 identifying information about the adoptee, adoptive parent or
19 direct descendant and this individual authorizes the release
20 of the information in a signed document kept by the court, an
21 agency or the registrar.
22 (c) Grounds for releasing identifying information of
23 adoptee.--Identifying information about an adoptee or a deceased
24 adoptee's direct descendant must be released by the registrar to
25 an adoptee's former parent if that individual requests the
26 information and:
27 (1) an adoptee who has attained 18 years of age, an
28 adoptive parent of an adoptee who has not attained 18 years
29 of age, a deceased adoptee's direct descendant who has
30 attained 18 years of age or the parent or guardian of a
19970H1672B2089 - 96 -
1 direct descendant who has not attained 18 years of age
2 authorizes the release of the requested information in the
3 manner described in subsection (b)(2); or
4 (2) one of those individuals authorizes the release of
5 the requested information only if the adoptee's former parent
6 agrees to release similar information about himself or
7 herself, and the former parent authorizes the release of the
8 information in the manner described in subsection (b)(1).
9 (d) Adult sibling 15 years of age.--Identifying information
10 about an adult sibling of an adoptee who has attained 18 years
11 of age must be disclosed by the registrar to an adoptee if the
12 sibling is also an adoptee and both the sibling and the adoptee
13 authorize the disclosure. This subsection does not permit
14 disclosure of a former parent's identity unless that parent has
15 authorized disclosure under this part.
16 § 2605. Action for release of information.
17 (a) Petition to be filed.--To obtain information not
18 otherwise available under sections 2603 (relating to release of
19 nonidentifying information) or 2604 (relating to release of
20 identifying information), an adoptee who has attained 18 years
21 of age, an adoptee who has not attained 18 years of age and has
22 the permission of an adoptive parent, an adoptive parent of an
23 adoptee who has not attained 18 years of age, a deceased
24 adoptee's direct descendant who has attained 18 years of age,
25 the parent or guardian of a direct descendant who has not
26 attained 18 years of age or an adoptee's former parent may file
27 a petition in the court to obtain information about another
28 individual described in this section which is contained in
29 records, including original birth certificates, required by this
30 part to be confidential or sealed.
19970H1672B2089 - 97 -
1 (b) Contents.--In determining whether to grant a petition
2 under this section, the court shall review the sealed records of
3 the relevant proceeding for adoption and shall make specific
4 findings concerning:
5 (1) The reason the information is sought.
6 (2) Whether the individual about whom information is
7 sought has filed a signed document described in section
8 2274(e) (relating to time for execution of consent or
9 relinquishment) or 2604 (relating to release of identifying
10 information) requesting that his or her identity not be
11 disclosed or has not filed any document.
12 (3) Whether the individual about whom information is
13 sought is alive.
14 (4) Whether it is possible to satisfy the petitioner's
15 request without disclosing the identity of another
16 individual.
17 (5) The likely effect of disclosure on the adoptee, the
18 adoptive parents, the adoptee's former parents and other
19 members of the adoptee's original and adoptive families.
20 (6) The age, maturity and expressed needs of the
21 adoptee.
22 (c) Grounds for court to order release of information.--The
23 court may order the release of the requested information only
24 upon determination that good cause exists for the release based
25 on the findings required by subsection (b) and a conclusion
26 that:
27 (1) there is a compelling reason for release of the
28 information; and
29 (2) the benefit to the petitioner will be greater than
30 the harm to any other individual of releasing the
19970H1672B2089 - 98 -
1 information.
2 § 2606. Statewide registry.
3 The Registrar shall:
4 (1) Establish a Statewide confidential registry for
5 receiving, filing and retaining documents requesting,
6 authorizing or not authorizing the release of identifying
7 information.
8 (2) Prescribe and distribute forms or documents on which
9 an individual may request, authorize or refuse to authorize
10 the release of identifying information.
11 (3) Devise a procedure for releasing identifying
12 information in the registrar's possession upon receipt of an
13 appropriate request and authorization.
14 (4) Cooperation with registries in other states to
15 facilitate the matching of documents filed under this chapter
16 by individuals in different states.
17 (5) Announce and publicize to the general public the
18 existence of the registry and the procedure for the
19 consensual release of identifying information.
20 § 2607. Release of original birth certificate.
21 (a) Original parents shall consent to disclosure.--In
22 addition to any copy of an adoptee's original birth certificate
23 authorized for release by a court order issued under section
24 2605 (relating to action for release of information), the
25 registrar shall furnish a copy of the original birth certificate
26 upon the request of an adoptee who has attained 18 years of age,
27 the direct descendant of a deceased adoptee or an adoptive
28 parent of an adoptee who has not attained 18 years of age, if
29 the individual who makes the request furnishes a consent to
30 disclosure signed by each individual who was named as a parent
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1 on the adoptee's original birth certificate.
2 (b) Ninety-nine year rule.--When 99 years have elapsed after
3 the date of birth of an adoptee whose original birth certificate
4 is sealed under this part, the registrar shall unseal the
5 original certificate and file it with any new or amended
6 certificate that has been issued. The unsealed certificates
7 become public information in accordance with any statute or
8 regulation applicable to the retention and disclosure of records
9 by the registrar.
10 § 2608. Certificate of adoption.
11 Upon the request of an adoptive parent or an adoptee who has
12 attained 18 years of age, the clerk of the court that entered a
13 decree of adoption shall issue a certificate of adoption which
14 states the date and place of adoption, the date of birth of the
15 adoptee, the name of each adoptive parent and the name of the
16 adoptee as provided in the decree.
17 § 2609. Disclosure authorized in course of employment.
18 This chapter does not preclude an employee or agent of a
19 court, agency or the registrar from:
20 (1) inspecting permanent, confidential or sealed records
21 for the purpose of discharging any obligation under this
22 part;
23 (2) disclosing the name of the court where a proceeding
24 for adoption occurred or the name of an agency that placed an
25 adoptee to an individual described in sections 2603 (relating
26 to release of nonidentifying information) through 2605
27 (relating to action for release of information), who can
28 verify his or her identity; or
29 (3) disclosing nonidentifying information contained in
30 confidential or sealed records in accordance with any other
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1 applicable Federal or State law.
2 § 2610. Fee for services.
3 A court, an agency or the registrar may charge a reasonable
4 fee for services, including copying services, it performs under
5 this chapter.
6 CHAPTER 27
7 PROHIBITED AND PERMISSIBLE ACTIVITIES
8 IN CONNECTION WITH ADOPTION
9 Sec.
10 2701. Prohibited activities in placement.
11 2702. Unlawful payments related to adoption.
12 2703. Lawful payments related to adoption.
13 2704. Charges by agency.
14 2705. Failure to disclose information.
15 2706. Unauthorized disclosure of information.
16 § 2701. Prohibited activities in placement.
17 (a) Restrictions on persons.--Except as provided in
18 Subchapter A of Chapter 22 (relating to placement of minor for
19 adoption):
20 (1) A person, other than a parent, guardian or agency as
21 specified in sections 2201 (relating to who may place minor
22 for adoption) through 2203 (relating to placement for
23 adoption by agency), may not place a minor for adoption or
24 advertise in any public medium that the person knows of a
25 minor who is available for adoption.
26 (2) A person, other than an agency or an individual with
27 a favorable preplacement evaluation, as required by sections
28 2201 through 2207 (relating to interstate placement) may not
29 solicit for a fee a potential adoptee.
30 (3) A person, other than an agency or an individual with
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1 a favorable preplacement evaluation, as required by sections
2 2201 through 2207 may not advertise in any public medium that
3 the person is willing to accept a minor for adoption.
4 (4) An individual, other than a relative or stepparent
5 of a minor, who does not have a favorable preplacement
6 evaluation or a court-ordered waiver of the evaluation or who
7 has an unfavorable evaluation may not obtain legal or
8 physical custody of a minor for purposes of adoption.
9 (5) A person may not place or assist in placing a minor
10 for adoption with an individual, other than a relative or
11 stepparent, if the person knows that the individual does not
12 have a favorable preplacement evaluation or a waiver under
13 section 2201.
14 (b) Civil penalty.--A person who violates subsection (a) is
15 liable for a civil penalty not to exceed $5,000 for the first
16 violation and not to exceed $10,000 for each succeeding
17 violation.
18 (c) Additional penalties.--The court may enjoin from further
19 violation any person who violates subsection (a) and shall refer
20 the person to an appropriate licensing authority for
21 disciplinary proceedings.
22 § 2702. Unlawful payments related to adoption.
23 (a) Restrictions on persons.--Except as provided in sections
24 2703 (relating to lawful payments related to adoption) and 2704
25 (relating to charges by agency), a person may not pay or give or
26 offer to pay or give to any other person or request, receive or
27 accept any money or anything of value, directly or indirectly,
28 for:
29 (1) the placement of a minor for adoption.
30 (2) the consent of a parent, a guardian or an agency to
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1 the adoption of a minor; or
2 (3) the relinquishment of a minor to an agency for the
3 purpose of adoption.
4 (b) Civil penalty.--The following persons are liable for a
5 civil penalty not to exceed $5,000 for the first violation and
6 not to exceed $10,000 for each succeeding violation:
7 (1) A person who knowingly violates subsection (a).
8 (2) A person who knowingly makes a false report to the
9 court about a payment prohibited by this section or
10 authorized by section 2703 or 2704.
11 (3) A parent or guardian who knowingly receives or
12 accepts a payment authorized by section 2703 or 2704 with the
13 intent not to consent to an adoption or to relinquish a minor
14 for adoption.
15 (c) Additional penalties.--The court may enjoin from further
16 violations any person described in subsection (b) and shall
17 refer the person to an appropriate licensing authority for
18 disciplinary proceedings.
19 § 2703. Lawful payments related to adoption.
20 (a) Restrictions on persons.--Subject to the requirements of
21 sections 2372 (relating to disclosure of fees and charges) and
22 2373 (relating to granting petition for adoption) for an
23 accounting and judicial approval of fees and charges related to
24 an adoption, an adoptive parent or a person acting on behalf of
25 an adoptive parent may pay for:
26 (1) The services of an agency in connection with an
27 adoption.
28 (2) Advertising and similar expenses incurred in
29 locating a minor for adoption.
30 (3) Medical, hospital, nursing, pharmaceutical,
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1 traveling or other similar expenses incurred by a mother or
2 her minor child in connection with the birth or any illness
3 of the minor.
4 (4) Counseling services for a parent or a minor for a
5 reasonable time before and after the minor's placement for
6 adoption.
7 (5) Living expenses of a mother for a reasonable time
8 before the birth of her child and for no more than six weeks
9 after the birth.
10 (6) Expenses incurred in ascertaining the information
11 required by section 2108 (relating to other rights of
12 adoptee).
13 (7) Legal services, court costs and traveling or other
14 administrative expenses connected with an adoption, including
15 any legal services performed for a parent who consents to the
16 adoption of a minor or relinquishes the minor to an agency.
17 (8) Expenses incurred in obtaining a preplacement
18 evaluation and an evaluation during the proceeding for
19 adoption.
20 (9) Any other service or expense the court finds is
21 reasonably necessary.
22 (b) Limitations on permissible payments and fees.--A parent
23 or a guardian, a person acting on the parent's or guardian's
24 behalf or a provider of a service listed in subsection (a) may
25 receive or accept a payment authorized by subsection (a). The
26 payment may not be made contingent on the placement of a minor
27 for adoption, relinquishment of the minor or to consent to the
28 adoption. If the adoption is not completed, a person who is
29 authorized to make a specific payment by subsection (a) is not
30 liable for that payment unless the person has agreed in a signed
19970H1672B2089 - 104 -
1 writing with a provider of a service to make the payment
2 regardless of the outcome of the proceeding for adoption.
3 § 2704. Charges by agency.
4 Subject to the requirements of sections 2372 (relating to
5 disclosure of fees and charges) and 2373 (relating to granting
6 petition for adoption) for an accounting and judicial approval
7 of fees and charges related to an adoption, an agency may charge
8 or accept a fee or other compensation from a prospective
9 adoptive parent for:
10 (1) Medical, hospital, nursing, pharmaceutical,
11 traveling or other similar expenses incurred by a mother or
12 her minor child in connection with the birth or any illness
13 of the minor.
14 (2) A percentage of the annual cost the agency incurs in
15 locating and providing counseling services for minor
16 adoptees, parents and prospective parents.
17 (3) Living expenses of a mother for a reasonable time
18 before the birth of a child and for no more than six weeks
19 after the birth.
20 (4) Expenses incurred in ascertaining the information
21 required by section 2108 (relating to other rights of
22 adoptee).
23 (5) Legal services, court costs and traveling or other
24 administrative expenses connected with an adoption, including
25 the legal services performed for a parent who relinquishes a
26 minor child to the agency.
27 (6) Preparation of a preplacement evaluation and an
28 evaluation during the proceeding for adoption.
29 (7) Any other service or expense the court finds is
30 reasonably necessary.
19970H1672B2089 - 105 -
1 § 2705. Failure to disclose information.
2 (a) Civil penalty.--A person, other than a parent, who has a
3 duty to furnish the nonidentifying information required by
4 section 2108 (relating to other rights of adoptee) or authorized
5 for release under Chapter 26 (relating to records of adoption
6 proceeding: retention, confidentiality and access) and who
7 intentionally refuses to provide the information is subject to a
8 civil penalty not to exceed $5,000 for the first violation and
9 not to exceed $10,000 for each succeeding violation. The court
10 may enjoin the person from further violations of the duty to
11 furnish nonidentifying information.
12 (b) Criminal penalty for intentionally destroying records.--
13 An employee or agent of an agency, the court or the registrar
14 who intentionally destroys any information or report compiled
15 under section 2108 or authorized for release under Chapter 26
16 commits a misdemeanor of the second degree.
17 (c) Additional remedies.--In addition to the penalties
18 provided in subsections (a) and (b), an adoptive parent, an
19 adoptee or any person who is the subject of any information
20 required by section 2108 or authorized for release under Chapter
21 26 may maintain an action for damages or equitable relief
22 against a person who fails to perform the duties required by
23 section 2108 or Chapter 26.
24 (d) Criminal penalty for intentionally furnishing false
25 information.--A prospective adoptive parent who knowingly fails
26 to furnish information or knowingly furnishes false information
27 to an evaluator preparing an evaluation under Subchapter B of
28 Chapter 22 (relating to preplacement evaluation) or Subchapter F
29 of Chapter 23 (relating to evaluation of adoptee and prospective
30 adoptive parent), with the intent to deceive the evaluator,
19970H1672B2089 - 106 -
1 commits a misdemeanor of the second degree.
2 (e) Criminal penalty for preparing false evaluation
3 report.--An evaluator who prepares an evaluation under
4 Subchapter B of Chapter 22 or Subchapter F of Chapter 23 and who
5 knowingly omits or misrepresents information about the
6 individual being evaluated with the intent to deceive a person
7 authorized under this part to place a minor for adoption commits
8 a misdemeanor of the second degree.
9 (f) Civil penalty.--A parent of a minor child who knowingly
10 withholds the name of the minor's other parent with an intent to
11 deceive the other parent, an agency or a prospective adoptive
12 parent is subject to a civil penalty not to exceed $5,000.
13 § 2706. Unauthorized disclosure of information.
14 (a) General rule prohibiting disclosure.--Except as
15 authorized in this part, a person who furnishes or retains a
16 report or records under this part may not disclose any
17 identifying or nonidentifying information contained in the
18 report or records.
19 (b) Criminal penalty for disclosure.--A person who knowingly
20 makes, obtains, assists in making or obtaining or pays or
21 accepts a fee for an unauthorized disclosure of identifying
22 information contained in a report or records under this part
23 commits a misdemeanor of the second degree for the first
24 violation and a felony of the third degree for each succeeding
25 violation.
26 (c) Civil penalty for intentional disclosure.--A person who
27 knowingly makes, obtains, assists in making or obtaining or pays
28 or accepts a fee for an unauthorized disclosure of
29 nonidentifying information contained in a report or records
30 under this part is subject to a civil penalty not to exceed
19970H1672B2089 - 107 -
1 $5,000 for the first violation, and not to exceed $10,000 for
2 each succeeding violation.
3 (d) Civil penalty for negligent disclosure.--A person who
4 negligently makes, obtains or assists in making or obtaining an
5 unauthorized disclosure of identifying or nonidentifying
6 information contained in a report or records under this part is
7 subject to a civil penalty not to exceed $5,000 for the first
8 violation and not to exceed $10,000 for each succeeding
9 violation.
10 (e) Additional penalties.--The court may enjoin from further
11 violations any person who makes or obtains an unauthorized
12 disclosure and shall refer the person to an appropriate
13 licensing authority for disciplinary proceedings.
14 (f) Additional remedies.--In addition to the penalties
15 provided in subsections (b), (c), (d) and (e), an individual who
16 is the subject of any of the information contained in a report
17 or records under this part may maintain an action for damages or
18 equitable relief against any person who makes or obtains or is
19 likely to make or obtain an unauthorized disclosure of the
20 information.
21 (g) Nonapplicability of other law.--Identifying information
22 contained in a report or records required by this part to be
23 kept confidential or sealed may not be disclosed under any other
24 law of this Commonwealth.
25 Section 3. This act shall apply to all adoption proceedings
26 initiated on or after the effective date of this act. Adoption
27 proceedings initiated under the provisions repealed by this act
28 shall be concluded under those provisions. Later actions related
29 to those adoptions shall be conducted in accordance with this
30 act. Violations of this act which affect adoptions which were
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1 completed under the prior adoption laws of this Commonwealth
2 shall be dealt with as prescribed in this act.
3 Section 4. This act shall take effect in 180 days.
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