PRINTER'S NO. 692
No. 654 Session of 1999
INTRODUCED BY KREBS, L. I. COHEN, BASTIAN, SAYLOR, YOUNGBLOOD,
ROBINSON, MAHER, HARHART, ZUG, STEELMAN, HERSHEY, BELARDI,
McCALL, GODSHALL, TIGUE, BATTISTO, SEYFERT, WILT AND TRELLO,
MARCH 2, 1999
REFERRED TO COMMITTEE ON JUDICIARY, MARCH 2, 1999
AN ACT
1 Amending Titles 23 (Domestic Relations), 42 (Judiciary and
2 Judicial Procedure) and 54 (Names) of the Pennsylvania
3 Consolidated Statutes, further providing for adoption; and
4 making conforming amendments.
5 The General Assembly of the Commonwealth of Pennsylvania
6 hereby enacts as follows:
7 Section 1. Part III of Title 23 of the Pennsylvania
8 Consolidated Statutes is repealed.
9 Section 2. Title 23 is amended by adding a part to read:
10 PART III
11 UNIFORM ADOPTION ACT
12 Chapter
13 21. General Provisions
14 22. Adoption of Minors
15 23. General Procedure for Adoption
16 24. Adoption of Minor Stepchild by Stepparent
17 25. Adoption of Adults and Emancipated Minors
18 26. Records of Adoption Proceeding: Retention,
1 Confidentiality and Access
2 27. Prohibited and Permissible Activities in Connection with
3 Adoption
4 CHAPTER 21
5 GENERAL PROVISIONS
6 Sec.
7 2101. Short title of part.
8 2102. Uniformity of application and construction.
9 2103. Definitions.
10 2104. Who may adopt or be adopted.
11 2105. Name of adoptee after adoption.
12 2106. Legal relationship between adoptee and adoptive parent
13 after adoption.
14 2107. Legal relationship between adoptee and former parent
15 after adoption.
16 2108. Other rights of adoptee.
17 2109. Proceedings subject to Indian Child Welfare Act.
18 2110. Recognition of adoption in another jurisdiction.
19 § 2101. Short title of part.
20 This part shall be known and may be cited as the Uniform
21 Adoption Act.
22 § 2102. Uniformity of application and construction.
23 This part shall be applied and construed to effectuate its
24 general purpose to make uniform the law with respect to the
25 subject of this part among the states enacting it.
26 § 2103. Definitions.
27 Subject to additional definitions contained in subsequent
28 provisions of this part which are applicable to specific
29 provisions of this part, the following words and phrases when
30 used in this part shall have the meanings given to them in this
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1 section unless the context clearly indicates otherwise:
2 "Adoptee." An individual who is adopted or is to be adopted.
3 "Adult." An individual who has attained 18 years of age.
4 "Agency." A public or private entity, including the
5 Department of Public Welfare, that is authorized by the law of
6 this Commonwealth to place individuals for adoption.
7 "Child." A minor or adult son or daughter, by birth or
8 adoption.
9 "Court." With reference to a court of this Commonwealth,
10 means the court of common pleas.
11 "Department." The Department of Public Welfare of the
12 Commonwealth.
13 "Guardian." An individual, other than a parent, appointed by
14 a court under applicable law as general guardian or guardian of
15 the person of a minor.
16 "Legal custody." The right and duty to exercise continuing
17 general supervision of a minor as authorized by law. The term
18 includes the right and duty to protect, educate, nurture and
19 discipline the minor and to provide the minor with food,
20 shelter, medical care and a supportive environment.
21 "Minor." An individual who has not attained 18 years of age.
22 "Parent." An individual who is legally recognized as a
23 mother or father or whose consent to the adoption of a minor is
24 required under section 2271(a)(1) (relating to persons whose
25 consent required). The term does not include an individual whose
26 parental relationship to a child has been terminated judicially
27 or by operation of law.
28 "Person." An individual, corporation, business trust,
29 estate, trust, partnership, association, agency, joint venture,
30 government, governmental subdivision or instrumentality, public
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1 corporation or any other legal or commercial entity.
2 "Physical custody." The physical care and supervision of a
3 minor.
4 "Place for adoption." To select a prospective adoptive
5 parent for a minor and transfer physical custody of the minor to
6 the prospective adoptive parent.
7 "Registrar." A representative of the Department of Health
8 who is authorized to register birth certificates in this
9 Commonwealth.
10 "Relative." A grandparent, great-grandparent, sibling, first
11 cousin, aunt, uncle, great-aunt, great-uncle, niece or nephew of
12 an individual, whether related to the individual by the whole or
13 the half blood, affinity or adoption. The term shall not include
14 an individual's stepparent.
15 "Relinquishment." The voluntary surrender to an agency by a
16 minor's parent or guardian, for purposes of the minor's
17 adoption, of the rights of the parent or guardian with respect
18 to the minor, including legal and physical custody of the minor.
19 "State." A state of the United States, the District of
20 Columbia, the Commonwealth of Puerto Rico or any territory or
21 insular possession subject to the jurisdiction of the United
22 States.
23 "Stepparent." An individual who is the spouse or surviving
24 spouse of a parent of a child, but who is not a parent of the
25 child.
26 § 2104. Who may adopt or be adopted.
27 Subject to this part, any individual may adopt or be adopted
28 by another individual for the purpose of creating the
29 relationship of parent and child between them.
30 § 2105. Name of adoptee after adoption.
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1 The name of an adoptee designated in a decree of adoption
2 takes effect as specified in the decree.
3 § 2106. Legal relationship between adoptee and adoptive parent
4 after adoption.
5 After a decree of adoption becomes final, each adoptive
6 parent and the adoptee have the legal relationship of parent and
7 child and have all the rights and duties of that relationship.
8 § 2107. Legal relationship between adoptee and former parent
9 after adoption.
10 Except as otherwise provided in section 2271 (relating to
11 persons whose consent required), after a decree of adoptive
12 becomes final:
13 (1) The legal relationship of parent and child between
14 each of the adoptee's former parents and the adoptee
15 terminates, except for a former parent's duty to pay
16 arrearages for child support.
17 (2) A prior court order for visitation or communication
18 with an adoptee terminates.
19 § 2108. Other rights of adoptee.
20 A decree of adoption does not affect any right or benefit
21 vested in the adoptee before the decree becomes final.
22 § 2109. Proceedings subject to Indian Child Welfare Act.
23 A proceeding under this part which pertains to an Indian
24 child, as defined in the Federal Indian Child Welfare Act (25
25 U.S.C. § 1901 et seq.), is subject to that act.
26 § 2110. Recognition of adoption in another jurisdiction.
27 A decree or order of adoption issued by a court of any other
28 state which is entitled to full faith and credit in this
29 Commonwealth or by a court or administrative entity in another
30 country acting pursuant to that country's law or to any
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1 convention or treaty on intercountry adoption which the United
2 States has ratified shall be recognized in this Commonwealth and
3 the rights and obligations of the parties as to matters within
4 the jurisdiction of this Commonwealth shall be determined as
5 though the decree or order were issued by a court of this
6 Commonwealth.
7 CHAPTER 22
8 ADOPTION OF MINORS
9 Subchapter
10 A. Placement of Minor for Adoption
11 B. Preplacement Evaluation
12 C. Transfer of Physical Custody of Minor by Health Care
13 Facility for Purposes of Adoption
14 D. Consent to and Relinquishment for Adoption
15 E. Involuntary Termination of Parental Rights
16 SUBCHAPTER A
17 PLACEMENT OF MINOR FOR ADOPTION
18 Sec.
19 2201. Who may place minor for adoption.
20 2202. Direct placement for adoption by parent or guardian.
21 2203. Placement for adoption by agency.
22 2204. Preferences for placement when agency places minor.
23 2205. Recruitment of adoptive parents by agency.
24 2206. Disclosure of information on background.
25 2207. Interstate placement.
26 2208. Intercountry placement.
27 § 2201. Who may place minor for adoption.
28 (a) Limitations.--The only persons who may place a minor for
29 adoption are:
30 (1) a parent having legal and physical custody of the
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1 minor as provided in subsections (b) and (c);
2 (2) a guardian expressly authorized by the court to
3 place the minor for adoption;
4 (3) an agency to which the minor has been relinquished
5 for purposes of adoption; or
6 (4) an agency expressly authorized to place the minor
7 for adoption by a court order terminating the relationship
8 between the minor and the minor's parent or guardian.
9 (b) Single relinquishment sufficient.--Except as provided in
10 subsection (c), a parent having legal and physical custody of a
11 minor may place the minor for adoption, even if the other parent
12 has not executed a consent or a relinquishment or the other
13 parent's relationship to the minor has not been terminated.
14 (c) Exception.--A parent having legal and physical custody
15 of a minor may not place the minor for adoption if the other
16 parent has legal custody or a right of visitation with the minor
17 and that parent's whereabouts are known unless that parent
18 agrees in writing to the placement or, before the placement, the
19 parent who intends to place the minor sends notice of the
20 intended placement by certified mail to the other parent's last
21 known address.
22 (d) Agency termination.--An agency authorized under this
23 part to place a minor for adoption may place the minor for
24 adoption, even if only one parent has executed a relinquishment
25 or has had his or her parental relationship to the minor
26 terminated.
27 § 2202. Direct placement for adoption by parent or guardian.
28 (a) Preplacement evaluation required.--A parent or guardian
29 authorized to place a minor directly for adoption may place the
30 minor only with a prospective adoptive parent for whom a
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1 favorable preplacement evaluation has been prepared under
2 sections 2201 (relating to who may place minor for adoption) and
3 2206 (relating to disclosure of information on background) or
4 for whom a preplacement evaluation is not required under
5 subsection (b) or (c).
6 (b) Direct placement by relinquishing parent.--A parent or
7 guardian shall personally select a prospective adoptive parent
8 for the direct placement of a minor, but, subject to the
9 limitations of Chapter 27 (relating to prohibited and
10 permissible activities in connection with adoption), may be
11 assisted by another person, including a lawyer, health care
12 provider or agency, in locating a prospective adoptive parent
13 and transferring legal and physical custody of the minor to that
14 individual.
15 (c) Use of preplacement evaluation.--A prospective adoptive
16 parent shall furnish a copy of the preplacement evaluation to
17 the parent or guardian and may provide additional information
18 requested by the parent or guardian. The evaluation and any
19 additional information shall be edited to exclude identifying
20 information unless the parties agree to its disclosure. Subject
21 to the limitations of Chapter 27, a prospective adoptive parent
22 may be assisted by another person in locating a minor who is
23 available for adoption.
24 (d) Consent for placement to be in writing.--If a consent to
25 a minor's adoption is not executed at the time the minor is
26 placed for adoption, the parent or guardian who places the minor
27 shall furnish to the prospective adoptive parent a signed
28 writing stating that the transfer of physical custody is for
29 purposes of adoption and that the parent or guardian has been
30 informed of the provisions of this part relevant to placement
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1 for adoption, consent, relinquishment and termination of
2 parental rights. The writing shall authorize the prospective
3 adoptive parent to provide medical and other care and support
4 for the minor pending execution of the consent within a time
5 specified in the writing, and the prospective adoptive parent
6 shall acknowledge in a signed writing responsibility for the
7 minor's medical and other care and support and for returning the
8 minor to the custody of the parent or guardian if the consent is
9 not executed within the time specified.
10 (e) Statement of services and fees.--A person who provides
11 services with respect to direct placements for adoption shall
12 furnish to an individual who inquires about the person's
13 services a written statement of the person's services and a
14 schedule of fees.
15 § 2203. Placement for adoption by agency.
16 (a) Information from agency to consumer.--An agency
17 authorized to place a minor for adoption shall furnish to an
18 individual who inquires about its services a written statement
19 of its services, including the agency's procedure for selecting
20 a prospective adoptive parent for a minor and a schedule of
21 fees.
22 (b) Written authorization for medical care pending decree.--
23 An agency that places a minor for adoption shall furnish to the
24 prospective adoptive parent a signed written authorization to
25 provide medical and other care and support for the minor pending
26 entry of a decree of adoption and the prospective adoptive
27 parent shall acknowledge in a signed writing responsibility for
28 the minor's medical and other care and support.
29 (c) Notification to relinquishing parent that child has been
30 placed.--Upon request by a parent who has relinquished a minor
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1 child under Subchapter D (relating to consent to and
2 relinquishment for adoption), the agency shall promptly inform
3 the parent as to whether the minor has been placed for adoption,
4 whether a petition for adoption has been granted, denied or
5 withdrawn, and, if the petition was not granted, whether another
6 placement has been made.
7 § 2204. Preferences for placement when agency places minor.
8 (a) Preferred order of placement.--An agency may place a
9 minor for adoption only with an individual for whom a favorable
10 preplacement evaluation has been prepared under sections 2201
11 (relating to who may place minor for adoption) through 2206
12 (relating to disclosure of information on background). Placement
13 shall be made as follows:
14 (1) If the agency has agreed to place the minor with a
15 prospective adoptive parent selected by the parent or
16 guardian, with the individual selected by the parent or
17 guardian.
18 (2) If the agency has not so agreed, with an individual
19 selected by the agency in accordance with the best interest
20 of the minor.
21 (b) Order of preference for selection by agency.--In
22 determining the best interest of the minor under subsection
23 (a)(2), the agency shall consider the following individuals in
24 order of preference:
25 (1) An individual who has previously adopted a sibling
26 of the minor and who makes a written request to adopt the
27 minor.
28 (2) An individual with characteristics requested by a
29 parent or guardian, if the agency agrees to comply with the
30 request and locates the individual within a time agreed to by
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1 the parent or guardian and the agency.
2 (3) An individual who has had physical custody of the
3 minor for six months or more within the preceding 24 months
4 or for half of the minor's life, whichever is less, and makes
5 a written request to adopt the minor.
6 (4) A relative with whom the minor has established a
7 positive emotional relationship and who makes a written
8 request to adopt the minor.
9 (5) Any other individual selected by the agency.
10 (c) Delay prohibited.--Unless necessary to comply with a
11 request under subsection (b)(2), an agency may not delay or deny
12 a minor's placement for adoption solely on the basis of the
13 minor's race, national origin or ethnic background. In addition
14 to any remedies provided under applicable Federal law, a
15 guardian ad litem of a minor or an individual with a favorable
16 preplacement evaluation who makes a written request to an agency
17 to adopt the minor may maintain an action or proceeding for
18 equitable relief against an agency that violates this
19 subsection.
20 (d) Sibling placement.--If practicable and in the best
21 interest of minors who are siblings, an agency shall place
22 siblings with the same prospective adoptive parent selected in
23 accordance with subsections (a) and (b).
24 (e) Challenge to placement by agency.--If an agency places a
25 minor pursuant to this section, an individual described in
26 subsection (b)(3) may commence an action or proceeding within 30
27 days after the placement to challenge the agency's placement. If
28 the individual proves by a preponderance of the evidence that
29 the minor has substantial emotional ties to the individual and
30 that an adoptive placement of the minor with the individual
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1 would be in the best interest of the minor, the court shall
2 place the minor with the individual.
3 § 2205. Recruitment of adoptive parents by agency.
4 An agency receiving public funds under Title IV-E of the
5 Social Security Act (49 Stat. 620, 42 U.S.C. § 670 et seq.) or
6 under an adoption subsidy program of the Commonwealth shall make
7 a diligent search for and actively recruit prospective adoptive
8 parents for minors in the agency's custody who are eligible for
9 funding from those sources and who are difficult to place for
10 adoption because of a special need as described in section 772
11 of the act of June 13, 1967 (P.L.31, No.21), known as the Public
12 Welfare Code. The department shall prescribe the procedure for
13 recruiting prospective adoptive parents under this section.
14 § 2206. Disclosure of information on background.
15 (a) Biography of child.--As early as practicable before a
16 prospective adoptive parent accepts physical custody of a minor,
17 a person placing the minor for adoption shall furnish to the
18 prospective adoptive parent a written report containing all of
19 the following information reasonably available from any person
20 who has had legal or physical custody of the minor or who has
21 provided medical, psychological, education or similar services
22 to the minor:
23 (1) A current medical and psychological history of the
24 minor, including an account of the minor's prenatal care,
25 medical condition at birth, any drug or medication taken by
26 the minor's mother during pregnancy, any subsequent medical,
27 psychological or psychiatric examination and diagnosis, any
28 physical, sexual or emotional abuse suffered by the minor and
29 a record of any immunizations and health care received while
30 in foster or other care.
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1 (2) Relevant information concerning the medical and
2 psychological history of the minor's genetic parents and
3 relatives, including any known disease or hereditary
4 predisposition to disease, any addiction to drugs or alcohol,
5 the health of the minor's mother during her pregnancy and the
6 health of each parent at the minor's birth.
7 (3) Relevant information concerning the social history
8 of the minor and the minor's parents and relatives, including
9 the following:
10 (i) The minor's enrollment and performance in
11 school, results of educational testing and any special
12 educational needs.
13 (ii) The minor's racial, ethnic and religious
14 background and a general description of the minor's
15 parents.
16 (iii) An account of the minor's past and existing
17 relationship with any individual with whom the minor has
18 regularly lived or visited.
19 (iv) The level of educational and vocational
20 achievement of the minor's parents and relatives and any
21 unusual athletic, scientific or artistic accomplishments.
22 (4) Information concerning a criminal conviction of a
23 parent for a felony, a judicial order terminating the
24 parental rights of a parent and a proceeding in which the
25 parent was alleged to have abused, neglected, abandoned or
26 otherwise mistreated the minor.
27 (5) Information necessary to determine the minor's
28 eligibility for Federal or State benefits, including
29 subsidies for adoption and other financial, medical or
30 similar assistance.
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1 (b) Supplemental biography to be furnished before hearing.--
2 Before a hearing on a petition for adoption, the person who
3 placed a minor for adoption shall furnish to the prospective
4 adoptive parent a supplemental written report containing
5 information required by subsection (a) which was unavailable
6 before the minor was placed for adoption, but becomes reasonably
7 available to the person after the placement.
8 (c) Indication of preparer.--A report furnished under this
9 section shall indicate who prepared the report and be edited to
10 exclude the identity of any individual who furnished information
11 or about whom information is reported unless the individual
12 agrees in writing to the disclosure of his or her identity.
13 (d) Immunity of disclosures.--Information furnished under
14 this section may not be used as evidence in any civil action or
15 criminal proceeding against an individual who is the subject of
16 the information.
17 (e) Department to prescribe forms.--The department shall
18 prescribe forms designed to obtain the specific information
19 sought under this section and shall furnish the forms to a
20 person who is authorized to place a minor for adoption or who
21 provides services with respect to placements for adoption.
22 § 2207. Interstate placement.
23 (a) Jurisdiction.--An adoption in this Commonwealth of a
24 minor brought into this Commonwealth from another state by a
25 prospective adoptive parent, or by a person who places the minor
26 for adoption in this Commonwealth, is governed by the laws of
27 this Commonwealth, including this part and the Interstate
28 Compact on the Placement of Children.
29 (b) Local adoptions of out-of-state minors.--An adoption in
30 this Commonwealth of a minor brought into this Commonwealth from
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1 another state by a prospective adoptive parent or by a person
2 who intends to place the minor for adoption in this Commonwealth
3 is governed by this part.
4 § 2208. Intercountry placement.
5 An adoption in this Commonwealth of a minor brought into this
6 Commonwealth from another country by a prospective adoptive
7 parent or by a person who intends to place the minor for
8 adoption in this Commonwealth is governed by this part, subject
9 to any convention or treaty on intercountry adoption which the
10 United States has ratified and any relevant Federal law.
11 SUBCHAPTER B
12 PREPLACEMENT EVALUATION
13 Sec.
14 2231. Preplacement evaluation required.
15 2232. Preplacement evaluator.
16 2233. Timing and content of preplacement evaluation.
17 2234. Determining suitability to be adoptive parent.
18 2235. Filing and copies of preplacement evaluation.
19 2236. Judicial review of evaluation.
20 2237. Action by department.
21 § 2231. Preplacement evaluation required.
22 (a) Adopting party shall receive favorable evaluation.--
23 Except as otherwise provided in subsections (b) and (c), only an
24 individual for whom a favorable written preplacement evaluation
25 has been prepared may accept custody of a minor for purposes of
26 adoption. An evaluation is favorable if it contains a finding
27 that the individual is suited to be an adoptive parent, either
28 in general or for a particular minor, and it is completed or
29 brought current within the 18 months next preceding a placement
30 of a minor with the individual for adoption.
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1 (b) Waiver of evaluation.--A court may waive the requirement
2 of a preplacement evaluation for good cause shown, but an
3 individual who is the subject of a waiver shall be evaluated
4 during the pendency of a proceeding for adoption.
5 (c) Placement with relative relieves evaluation
6 requirements.--A preplacement evaluation is not required if a
7 parent or guardian places a minor directly with a relative of
8 the minor for purposes of adoption, but an evaluation of the
9 relative is required during the pendency of a proceeding for
10 adoption.
11 § 2232. Preplacement evaluator.
12 (a) Who may prepare evaluation.--A preplacement evaluation
13 may be prepared only by a social worker or other individual
14 qualified by a State-approved licensing, certifying or other
15 procedure to make the evaluation.
16 (b) Private agency preparer.--An agency from which an
17 individual is seeking to adopt a minor may require the
18 individual to be evaluated by its own qualified employee or
19 independent contractor, even if the individual has received a
20 favorable preplacement evaluation from another qualified
21 evaluator.
22 § 2233. Timing and content of preplacement evaluation.
23 (a) When evaluation may commence.--An individual requesting
24 a preplacement evaluation need not have located a prospective
25 minor adoptee when the request is made, and the individual may
26 request more than one evaluation or may direct that an
27 evaluation not be completed.
28 (b) Time of preparation.--A preplacement evaluation shall be
29 completed within 45 days after it is requested. An evaluator
30 shall give priority to a request from an individual who has
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1 located a prospective adoptee.
2 (c) Personal interview and residential visit required.--A
3 preplacement evaluation shall be based upon a personal interview
4 and visit at the residence of the individual being evaluated,
5 any personal interview of others who know the individual and the
6 information required by subsection (d).
7 (d) Contents of evaluation.--A preplacement evaluation shall
8 contain the following information about the individual being
9 evaluated:
10 (1) Age and date of birth, nationality, racial or ethnic
11 background and any religious affiliation.
12 (2) Marital status and family history, including the age
13 and location of any child of the individual and the identity
14 of and relationship to anyone else living in the individual's
15 household.
16 (3) Physical and mental health and any history of abuse
17 of alcohol or drugs.
18 (4) Educational and employment history and any special
19 skills.
20 (5) Property and income, including outstanding financial
21 obligations as indicated in a current credit report or
22 financial statement furnished by the individual.
23 (6) Any previous request for an evaluation or
24 involvement in an adoptive placement and the outcome of the
25 evaluation or placement.
26 (7) Whether the individual has been subject to a
27 restraining order for domestic violence, found liable for a
28 violation of Chapter 63 (relating to child protective
29 services), listed on the Commonwealth's child abuse or
30 neglect registry or subject to a court order restricting the
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1 individual's right to custody or visitation with a child.
2 (8) Whether the individual has been convicted of a crime
3 other than a minor traffic violation.
4 (9) Whether the individual has located a parent
5 interested in placing a minor with the individual for
6 adoption and, if so, a brief description of the parent and
7 the minor.
8 (10) Any other fact or circumstance that may be relevant
9 in determining whether the individual is suited to be an
10 adoptive parent, including the quality of the environment in
11 the home and the functioning of other children in the
12 individual's household.
13 (e) Fingerprint check.--An individual being evaluated shall
14 be fingerprinted and shall sign a release permitting the
15 evaluator to obtain from an appropriate law enforcement agency
16 any record indicating that the individual has been convicted of
17 a crime other than a minor traffic violation.
18 (f) Releases.--An evaluator may request an individual being
19 evaluated to sign any release necessary for the evaluator to
20 obtain other information required by subsection (d).
21 § 2234. Determining suitability to be adoptive parent.
22 (a) Evaluation assessment.--An evaluator shall assess the
23 information required by section 2233 (relating to timing and
24 content of preplacement evaluation) to determine whether it
25 raises a specific concern that suggests that placement of any
26 minor or a particular minor in the home of the individual would
27 pose a significant risk of harm to the physical or psychological
28 well-being of the minor.
29 (b) Requirement for determination of suitability.--If an
30 evaluator determines that the information assessed does not
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1 raise a specific concern, the evaluator shall find that the
2 individual is suited to be an adoptive parent. The evaluator may
3 comment about any factor that in the evaluator's opinion makes
4 the individual suited in general or for a particular minor.
5 (c) Determination of risk.--If an evaluator determines that
6 the information assessed does raise a specific concern, the
7 evaluator, on the basis of the original or any further
8 investigation, may find that the individual is not suited to be
9 an adoptive parent. In that case, the evaluator shall support
10 the finding with a written explanation of why the concern poses
11 a risk.
12 § 2235. Filing and copies of preplacement evaluation.
13 (a) Furnishing copies of favorable evaluation.--If a
14 preplacement evaluation contains a finding that an individual is
15 suited to be an adoptive parent, the evaluator shall give the
16 individual a signed copy of the evaluation. At the individual's
17 request, the evaluator shall furnish a copy of the evaluation to
18 a person authorized under this part to place a minor for
19 adoption and, unless the individual requests otherwise, edit the
20 copy to exclude identifying information.
21 (b) Furnishing copies of nonfavorable evaluation.--If a
22 preplacement evaluation contains a finding that an individual is
23 not suited to be an adoptive parent of any minor or a particular
24 minor the evaluator shall immediately give a signed copy of the
25 evaluation to the individual and to the department. The
26 department shall retain the copy for ten years. The department
27 shall also retain for ten years a copy of any court order
28 concerning the evaluation issued pursuant to section 2236
29 (relating to judicial review of evaluation) or 2237 (relating to
30 action by department).
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1 (d) Retention of evaluation records.--An evaluator shall
2 retain for two years the original of a completed or incomplete
3 preplacement evaluation and a list of every source for each item
4 of information in the evaluation.
5 § 2236. Judicial review of evaluation.
6 (a) Petition and review.--Within 90 days after an individual
7 receives a preplacement evaluation with a finding that he or she
8 is not suited to be an adoptive parent, the individual may
9 petition a court for judicial review of the evaluation. After
10 notice to the evaluator and other interested persons and upon
11 hearing the petition, the court shall determine whether the
12 finding of unsuitability is supported by a preponderance of the
13 evidence.
14 (b) Findings in support of agency's determination.--If the
15 court determines that the finding of unsuitability is supported
16 by a preponderance of the evidence, it shall order that the
17 petitioner not be permitted to adopt a minor and shall send a
18 copy of the order to the department to be retained with the copy
19 of the original evaluation. If, at the time of the court's
20 determination, the petitioner has custody of a minor for
21 purposes of adoption, the court shall make an appropriate order
22 for the care and custody of the minor.
23 (c) Findings contradicting agency's determination.--If the
24 court determines that the finding of unsuitability is not
25 supported by a preponderance of the evidence, the court may
26 order the evaluator to prepare a new evaluation with a finding
27 of suitability and may permit the petitioner to commence or
28 continue a proceeding for adoption of a minor. The court shall
29 send a copy of the order to the department to be retained with
30 the copy of the original evaluation.
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1 (d) Immunity from civil action.--An evaluator who conducts
2 an evaluation in good faith is not subject to civil liability
3 for anything contained in the evaluation.
4 § 2237. Action by department.
5 If the department learns from an evaluator or another person
6 that a minor has been placed for adoption with an individual who
7 is the subject of a preplacement evaluation on file with the
8 department containing a finding of unsuitability, the department
9 shall immediately review the evaluation and investigate the
10 circumstances of the placement and may request that the
11 individual return the minor to the custody of the person who
12 placed the minor or to the department. If the individual refuses
13 to return the minor, the department shall commence an action or
14 proceeding to remove the minor from the home of the individual
15 under Chapter 63 (relating to child protective services) and,
16 pending a hearing, the court shall make an appropriate order for
17 the care and custody of the minor.
18 SUBCHAPTER C
19 TRANSFER OF PHYSICAL CUSTODY OF MINOR BY
20 HEALTH CARE FACILITY
21 FOR PURPOSES OF ADOPTION
22 Sec.
23 2251. Definitions.
24 2252. Authorization to transfer physical custody.
25 2253. Reports to department.
26 2254. Action by department after transfer.
27 § 2251. Definitions.
28 The following words and phrases when used in this subchapter
29 shall have the meanings given to them in this section unless the
30 context clearly indicates otherwise:
19990H0654B0692 - 21 -
1 "Health care facility." A hospital, clinic or other facility
2 authorized by this Commonwealth to provide services related to
3 birth and neonatal care.
4 § 2252. Authorization to transfer physical custody.
5 (a) Medical professional authorized to release child to
6 another.--A health care facility shall release a minor for the
7 purpose of adoption to an individual or agency not otherwise
8 legally entitled to the physical custody of the minor if, in the
9 presence of an authorized employee of the health care facility,
10 the woman who gave birth to the minor signs an authorization of
11 the transfer of physical custody.
12 (b) Limitations on medical professional's release.--An
13 authorization required by subsection (a) shall conform to the
14 requirements of section 2202(a) (relating to direct placement
15 for adoption by parent or guardian) and, if the minor is
16 released to an agency, authorize the agency to provide medical
17 and other care and support for the minor pending the execution
18 of a consent to adoption, a relinquishment or the termination of
19 an individual's parental relationship to the minor.
20 (c) Attestation.--The authorized employee in whose presence
21 the authorization required under this section is signed shall
22 attest the signing in writing.
23 § 2253. Reports to department.
24 (a) Authorization of release.--No later than 48 hours after
25 a release under section 2252 (relating to authorization to
26 transfer physical custody), a health care facility which
27 releases a minor for purposes of adoption shall submit to the
28 department a copy of the authorization required by section 2252
29 and shall report:
30 (1) The name, address and telephone number of the person
19990H0654B0692 - 22 -
1 who authorized the release.
2 (2) The name, address and telephone number of the person
3 to whom physical custody was transferred.
4 (3) The date of the transfer.
5 (b) Release report.--No later than 30 days after a release
6 under section 2252, the person to whom physical custody of a
7 minor was transferred shall report to the department which, if
8 any, of the following has occurred:
9 (1) The filing of a petition for adoption and the name
10 and address of the petitioner.
11 (2) The acquisition of custody of the minor by an agency
12 and the name and address of the agency.
13 (3) The return of the minor to a parent or other person
14 having legal custody and the name and address of the parent
15 or other person.
16 (4) The transfer of physical custody of the minor to
17 another individual and the name and address of the
18 individual.
19 § 2254. Action by department after transfer.
20 (a) Lack of subsequent report.--If the department receives a
21 report required under section 2253(a) (relating to reports to
22 department) from a health care facility or attending
23 practitioner but does not receive the report required under
24 section 2253(b) within 45 days after the transfer of a minor,
25 the department shall immediately investigate to determine the
26 whereabouts of the minor.
27 (b) Removal.--If none of the dispositions listed in section
28 2253(b)(1), (2) and (3) has occurred or the minor has been
29 transferred to an individual described in section 2253(b)(4) who
30 has not filed a petition to adopt, the department shall take
19990H0654B0692 - 23 -
1 appropriate action to remove the minor from the individual to
2 whom the minor has been transferred.
3 (c) Compliance.--The department may review and investigate
4 compliance with sections 2201 (relating to who may place minor
5 for adoption) through 2206 (relating to disclosure of
6 information on background) and may maintain an action in the
7 court of common pleas to compel compliance.
8 SUBCHAPTER D
9 CONSENT TO AND RELINQUISHMENT FOR ADOPTION
10 Sec.
11 2271. Persons whose consent required.
12 2272. Persons whose consent not required.
13 2273. Individuals who may relinquish minor.
14 2274. Time for execution of consent or relinquishment.
15 2275. Procedure for execution of consent or relinquishment.
16 2276. Content of consent or relinquishment.
17 2277. Consequences of consent or relinquishment.
18 2278. Revocation of consent.
19 2279. Revocation of relinquishment.
20 § 2271. Persons whose consent required.
21 (a) General rule.--Unless consent is not required under
22 section 2272 (relating to persons whose consent not required),
23 in a direct placement of a minor for adoption by a parent or
24 guardian authorized under this part to place the minor, a
25 petition to adopt the minor may be granted only if consent to
26 the adoption has been executed by any of the following three
27 entities:
28 (1) The woman who gave birth to the minor and the man,
29 if any, who:
30 (i) is or has been married to the woman if the minor
19990H0654B0692 - 24 -
1 was born during the marriage or within 300 days after the
2 marriage was terminated or a court issued a decree of
3 separation;
4 (ii) attempted to marry the woman before the minor's
5 birth by a marriage solemnized in apparent compliance
6 with law, although the attempted marriage is or could be
7 declared invalid, if the minor was born during the
8 attempted marriage or within 300 days after the attempted
9 marriage was terminated; or
10 (iii) under applicable law, has been judicially
11 determined to be the father of the minor or has signed a
12 document which has the effect of establishing his
13 parentage of the minor, and:
14 (A) has provided, in accordance with his
15 financial means, reasonable and consistent payments
16 for the support of the minor and has regularly
17 visited or communicated with the minor; or
18 (B) after the minor's birth, but before the
19 minor's placement for adoption, has married or
20 attempted to marry the woman who gave birth to the
21 minor by a marriage solemnized in apparent compliance
22 with law, although the attempted marriage is or could
23 be declared invalid; or
24 (iv) has received the minor into his home and openly
25 held out the minor as his child.
26 (2) The minor's guardian if expressly authorized by a
27 court to consent to the minor's adoption.
28 (3) The current adoptive or other legally recognized
29 mother and father of the minor.
30 (b) Execution of documents.--Unless consent is not required
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1 under section 2272, in a placement of a minor for adoption by an
2 agency authorized under this part to place the minor, a petition
3 to adopt the minor may be granted only if consent to the
4 adoption has been executed by both of the following:
5 (1) The agency that placed the minor for adoption.
6 (2) An individual described in subsection (a) who has
7 not relinquished the minor.
8 (c) Consent of minor.--Unless the court dispenses with the
9 minor's consent, a petition to adopt a minor who has attained 12
10 years of age may be granted only if, in addition to any consent
11 required by subsections (a) and (b), the minor has executed a
12 consent to the adoption.
13 § 2272. Persons whose consent not required.
14 (a) General rule.--Consent to an adoption of a minor is not
15 required of any of the following:
16 (1) An individual who has relinquished the minor to an
17 agency for purposes for adoption.
18 (2) An individual whose parental relationship to a minor
19 has been terminated or determined not to exist.
20 (3) A parent who has been judicially declared
21 permanently incompetent.
22 (4) A man who has not been married to the woman who gave
23 birth to the minor and who, after the conception of the
24 minor, executes a verified statement denying paternity or
25 disclaiming any interest in the minor and acknowledging that
26 the statement is irrevocable when executed but is not a bar
27 to a parentage or child support action against him if the
28 minor is not adopted.
29 (5) The personal representative of a deceased parent's
30 estate.
19990H0654B0692 - 26 -
1 (6) A parent or other person who has not executed a
2 consent or a relinquishment and who fails to file and answer
3 or an appearance in a proceeding for adoption or for
4 termination of a parental relationship within the requisite
5 time after receiving notice of the proceeding.
6 (b) Additional persons.--The court may dispense with the
7 consent of:
8 (1) A guardian or an agency whose consent is otherwise
9 required upon a finding that the consent is being withheld
10 contrary to the best interest of a minor adoptee.
11 (2) A minor adoptee who has attained 12 years of age
12 upon a finding that it is not in the best interest of the
13 minor to require the consent.
14 § 2273. Individuals who may relinquish minor.
15 A parent or guardian whose consent to the adoption of a minor
16 is required by section 2271 (relating to persons whose consent
17 required) may relinquish to an agency all of that individual's
18 rights with respect to the minor, including legal and physical
19 custody and the right to consent to the minor's adoption.
20 § 2274. Time for execution of consent or relinquishment.
21 (a) Parent's consent to relinquish.--A parent whose consent
22 to the adoption of a minor is required by section 2271 (relating
23 to persons whose consent required) may execute a consent or a
24 relinquishment only after the minor is born. A parent who
25 executes a consent or relinquishment may revoke the consent or
26 relinquishment within 192 hours after the birth of the minor.
27 (b) Guardian's consent.--A guardian may execute a consent to
28 the adoption of a minor or a relinquishment at any time after
29 being authorized by a court to do so.
30 (c) Agency's consent.--An agency that places a minor for
19990H0654B0692 - 27 -
1 adoption may execute its consent at any time at or before the
2 hearing on the petition for adoption.
3 (d) Minor adoptee's consent.--A minor adoptee whose consent
4 is required may execute a consent at any time before the hearing
5 on the petition for adoption.
6 (e) Full disclosure necessary before parent's consent
7 valid.--Before executing a consent or relinquishment, a parent
8 must have been informed of the meaning and consequences of
9 adoption, the availability of personal and legal counseling, the
10 consequences of misidentifying the other parent, the procedure
11 for releasing information about the health and other
12 characteristics of the parent which may affect the physical or
13 psychological well-being of the adoptee and the procedure for
14 the consensual release of the parent's identity to an adoptee,
15 an adoptee's direct descendant or adoptive parent under Chapter
16 26 (relating to records of adoption proceeding: retention,
17 confidentiality and access). The parent shall have had an
18 opportunity to indicate in a signed document whether and under
19 what circumstances the parent is or is not willing to release
20 identifying information and shall have been informed of the
21 procedure for changing the document at a later time.
22 § 2275. Procedure for execution of consent or relinquishment.
23 (a) Witnesses.--A consent or relinquishment executed by a
24 parent or guardian shall be signed or confirmed in the presence
25 of at least one of the following:
26 (1) A judge of a court of record.
27 (2) An individual designated by a judge to take consents
28 or relinquishments.
29 (3) An employee designated by an agency to take consents
30 or relinquishments, but not an employee of an agency to which
19990H0654B0692 - 28 -
1 a minor is relinquished.
2 (4) A lawyer other than a lawyer who is representing an
3 adoptive parent or the agency to which a minor is
4 relinquished.
5 (5) A commissioned officer on active duty in the
6 military service of the United States, if the individual
7 executing the consent or relinquishment is in military
8 service.
9 (6) An officer of the foreign service or a consular
10 officer of the United States in another county, if the
11 individual executing the consent or relinquishment is in that
12 country.
13 (b) Witness to minor adoptee's consent.--A consent executed
14 by a minor adoptee must be signed or confirmed in the presence
15 of the court in the proceeding for adoption or in a manner the
16 court directs.
17 (c) Parent who is a minor.--Minority of a parent does not
18 affect competency to execute a consent or relinquishment, but a
19 parent who is a minor shall have had access to counseling and
20 shall have had the advice of a lawyer who is not representing an
21 adoptive parent or the agency to which the parent's child is
22 relinquished.
23 (d) Certification of witness.--An individual before whom a
24 consent or relinquishment is signed or confirmed under
25 subsection (a) shall certify in writing that he or she orally
26 explained the contents and consequences of the consent or
27 relinquishment and, to the best of his or her knowledge or
28 belief, the individual executing the consent or relinquishment
29 did all of the following:
30 (1) Read or was read the consent or relinquishment and
19990H0654B0692 - 29 -
1 understood it.
2 (2) Signed the consent or relinquishment voluntarily.
3 (3) Received or was offered a copy of the consent or
4 relinquishment and the information described by section
5 2274(e) (relating to time for execution of consent or
6 relinquishment) and was afforded an opportunity to sign the
7 document described in that section.
8 (4) Was offered counseling services and information
9 about adoption.
10 (5) If the individual executing the consent or
11 relinquishment is a parent who is a minor, was advised by a
12 lawyer who is not representing an adoptive parent or the
13 agency to which the parent's child is being relinquished and,
14 if an adult, was informed of the right to have a lawyer who
15 is not representing an adoptive parent or an agency to which
16 the parent's child is being relinquished.
17 (e) Acknowledgment of adopting parent.--A prospective
18 adoptive parent named or described in a consent to the adoption
19 of a minor shall sign a statement indicating an intention to
20 adopt the minor, acknowledging an obligation to return legal and
21 physical custody of the minor to the minor's parent if the
22 parent revokes the consent within the time specified in section
23 2274 and acknowledging responsibility for the minor's medical
24 and other care and support if the consent is not revoked.
25 (f) Signed acceptance of child.--An employee of an agency to
26 which a minor child is being relinquished shall sign a statement
27 indicating the agency's willingness to accept the
28 relinquishment, acknowledging its obligation to return legal and
29 physical custody of the child to the minor's parent if the
30 parent revokes the relinquishment within the time indicated in
19990H0654B0692 - 30 -
1 section 2274 and acknowledging responsibility for the minor's
2 medical and other care and support if the relinquishment is not
3 revoked.
4 (g) Certification.--An individual before whom a consent or a
5 relinquishment is signed or confirmed shall certify that the
6 statements required by subsections (e) and (f) were given to him
7 or her.
8 (h) Person authorized to sign agency's consent.--A consent
9 by an agency to the adoption of a minor in the agency's legal
10 custody must be executed by the executive head or another
11 authorized employee and shall be signed or confirmed under oath
12 in the presence of an individual authorized to take
13 acknowledgments.
14 (i) Out-of-State consent.--A consent or relinquishment
15 executed and signed or confirmed in another state or in another
16 country is valid if in accordance with this part or with the law
17 and procedure of the state or country in which executed.
18 § 2276. Content of consent or relinquishment.
19 (a) Contents.--A consent or relinquishment required from a
20 parent or guardian shall be in writing and contain all of the
21 following:
22 (1) The date, place and time of the execution of the
23 consent or relinquishment.
24 (2) The name, date of birth and current address of the
25 individual executing the consent or relinquishment.
26 (3) The date of birth and the name or pseudonym of the
27 of the minor adoptee.
28 (4) If a consent, the name, address and telephone or
29 telecopier number of the lawyer representing the prospective
30 adoptive parent with whom the individual executing the
19990H0654B0692 - 31 -
1 consent has placed or intends to place the minor for
2 adoption.
3 (5) If a relinquishment, the name, address and telephone
4 or telecopier number of the agency to which the minor is
5 being relinquished.
6 (6) The name, address and telephone or telecopier number
7 of the court in which an action to revoke a consent or
8 relinquishment may be brought or, if known, in which the
9 petition for adoption has been or will be filed and specific
10 instructions for how a parent who executes a consent or
11 relinquishment may revoke it within 192 hours after the birth
12 of the minor, including the name, address and telephone or
13 telecopier number of the court and any other person the
14 parent is required to inform of the revocation.
15 (b) Statement of state of mind.--A consent shall state that
16 the parent or guardian executing the document is voluntarily and
17 unequivocally consenting to the transfer of legal and physical
18 custody to and the adoption of the minor by a specific adoptive
19 parent whom the parent or guardian has selected.
20 (c) Acknowledgment of permanency of action.--A
21 relinquishment must state that the individual executing the
22 relinquishment voluntarily consents to the permanent transfer of
23 legal and physical custody of the minor to the agency for the
24 purposes of adoption.
25 (d) Elements of consent.--A consent or relinquishment shall
26 state all of the following:
27 (1) An understanding that after the consent or
28 relinquishment is signed or confirmed in substantial
29 compliance with section 2275 (relating to procedure for
30 execution of consent or relinquishment) it is final and,
19990H0654B0692 - 32 -
1 except under a circumstance stated in section 2278 (relating
2 to revocation of consent) or 2279 (relating to revocation of
3 relinquishment), may not be revoked or set aside for any
4 reason, including the failure of an adoptive parent to permit
5 the individual executing the consent or relinquishment to
6 visit or communicate with the minor adoptee.
7 (2) An understanding that the adoption will extinguish
8 all parental rights and obligations the individual executing
9 the consent or relinquishment has with respect to the minor
10 adoptee, except for arrearages of child support, and will
11 remain valid whether or not any order or agreement for
12 visitation or communication with the minor adoptee is later
13 performed or enforced.
14 (3) That the individual executing the consent or
15 relinquishment has:
16 (i) received or been offered a copy of the consent
17 or relinquishment;
18 (ii) received or been offered counseling services
19 and information about adoption which explains the meaning
20 and consequences of an adoption;
21 (iii) been advised, if a parent is a minor, by a
22 lawyer who is not representing an adoptive parent or the
23 agency to which the minor is being relinquished or, if a
24 parent is an adult, has been informed of the right to
25 have a lawyer who is not representing an adoptive parent
26 or the agency;
27 (iv) received the information described in section
28 2274(e) (relating to time for execution of consent or
29 relinquishment) and been afforded an opportunity to sign
30 the document described in that section; and
19990H0654B0692 - 33 -
1 (v) been advised of the obligation to provide the
2 information required under section 2206 (relating to
3 disclosure of information on background).
4 (4) That the individual executing the consent or
5 relinquishment has not received or been promised any money or
6 anything of value for the consent or the relinquishment,
7 except for payments authorized by Chapter 27 (relating to
8 prohibited and permissible activities in connection with
9 adoption).
10 (5) That the minor is not an Indian child as defined in
11 the Indian Child Welfare Act of 1978 (Public Law 95-608, 25
12 U.S.C. § 1901 et seq.).
13 (6) That the individual believes the adoption of the
14 minor is in the minor's best interest.
15 (7) If a consent, that the individual who is consenting
16 waives further notice unless the adoption is contested,
17 appealed or denied.
18 (e) Waiver of notice valid.--A relinquishment may provide
19 that the individual who is relinquishing waives notice of any
20 proceeding for adoption or waives notice unless the adoption is
21 contested, appealed or denied.
22 (f) Revocation provision.--A consent or relinquishment may
23 provide for its revocation if any of the following occurs:
24 (1) The individual who executes a consent and the
25 prospective adoptive parent, or the individual who
26 relinquishes and the agency that accepts the relinquishment,
27 agree to the revocation of the consent or relinquishment.
28 (2) Another consent or relinquishment is not executed
29 within a specified period.
30 (3) A court decides not to terminate another
19990H0654B0692 - 34 -
1 individual's parental relationship to the minor.
2 (4) In a direct placement for adoption, a petition for
3 adoption by a prospective adoptive parent, named or described
4 in the consent, is denied or withdrawn.
5 § 2277. Consequences of consent or relinquishment.
6 (a) Finality of consent.--Except under a circumstance stated
7 in section 2278 (relating to revocation of consent), a consent
8 to the adoption of a minor which is executed by a parent or
9 guardian in substantial compliance with sections 2275 (relating
10 to procedure for execution of consent or relinquishment) and
11 2276 (relating to content of consent or relinquishment) is final
12 and irrevocable and:
13 (1) Unless a court orders otherwise to protect the
14 welfare of the minor, entitles the prospective adoptive
15 parent named or described in the consent to the legal and
16 physical custody of the minor and imposes on that individual
17 responsibility for the medical and other care and support of
18 the minor.
19 (2) Terminates any duty of a parent who executed the
20 consent with respect to the minor, except for arrearages of
21 child support.
22 (3) Terminates any right of a parent or guardian who
23 executed the consent to object to the minor's adoption by the
24 prospective adoptive parent and any right to notice of the
25 proceeding for adoption unless the adoption is contested,
26 appealed or denied.
27 (b) Finality of relinquishment.--Except under a circumstance
28 stated in section 2279 (relating to revocation of
29 relinquishment), a relinquishment of a minor to an agency which
30 is executed by a parent or guardian in substantial compliance
19990H0654B0692 - 35 -
1 with sections 2275 and 2276 is final and irrevocable and:
2 (1) Unless a court orders otherwise to protect the
3 welfare of the minor, entitles the agency to the legal
4 custody of the minor until a decree of adoption becomes
5 final.
6 (2) Empowers the agency to place the minor for adoption,
7 consent to the minor's adoption and delegate to a prospective
8 adoptive parent responsibility for the medical and other care
9 and support of the minor.
10 (3) Terminates any duty of the individual who executed
11 the relinquishment with respect to the minor, except for
12 arrearages of child support.
13 (4) Terminates any right of the individual who executed
14 the relinquishment to object to the minor's adoption and,
15 unless otherwise provided in the relinquishment, any right to
16 notice of the proceeding for adoption.
17 § 2278. Revocation of consent.
18 (a) Conditions.--In a direct placement of a minor for
19 adoption by a parent or guardian, a consent is revoked if:
20 (1) Within 192 hours after the birth of a minor, a
21 parent who executed the consent notifies in writing the
22 prospective adoptive parent, or the adoptive parent's lawyer,
23 that the parent revokes the consent, or the parent complies
24 with any other instructions for revocation specified in the
25 consent.
26 (2) The individual who executed the consent and the
27 prospective adoptive parent named or described in the consent
28 agree to its revocation and the consent expressly permits
29 revocation in this manner.
30 (b) Consent set aside by court.--In a direct placement of a
19990H0654B0692 - 36 -
1 minor for adoption by a parent or guardian, the court shall set
2 aside the consent if the individual who executed the consent
3 establishes at least one of the following:
4 (1) By clear and convincing evidence, before a decree of
5 adoption is issued, that the consent was obtained by fraud or
6 duress.
7 (2) By a preponderance of the evidence, that without
8 good cause shown, a petition to adopt was not filed within 60
9 days after the minor was placed for adoption.
10 (3) By a preponderance of the evidence, that a condition
11 permitting revocation has occurred, as expressly provided for
12 in the consent pursuant to section 2276(f)(2), (3) and (4)
13 (relating to content of consent or relinquishment).
14 (c) Effect of revocation of consent.--If the consent of an
15 individual who had legal and physical custody of a minor when
16 the minor was placed for adoption or the consent was executed is
17 revoked under subsection (a)(1) or (2), the prospective adoptive
18 parent shall immediately return the minor to the individual's
19 custody and move to dismiss any proceeding for adoption or
20 termination of the individual's parental relationship to the
21 minor. If the minor is not returned immediately, the individual
22 may petition the court named in the consent for appropriate
23 relief. The court shall hear the petition as expeditiously as
24 possible.
25 (d) Court-ordered return of child.--If the consent of an
26 individual who had legal and physical custody of a minor when
27 the minor was placed for adoption or the consent was executed is
28 set aside under subsection (b)(1), the court shall order the
29 return of the minor to the custody of the individual and dismiss
30 a pending proceeding for adoption.
19990H0654B0692 - 37 -
1 (e) Pending adoption proceeding to be dismissed.--If the
2 consent of an individual who had legal and physical custody of a
3 minor when the minor was placed for adoption or the consent was
4 executed is set aside under subsection (b)(2) or (3) and no
5 ground exists under Subchapter E of Chapter 23 (relating to
6 petition to terminate relationship between parent and child) for
7 terminating the parental relationship between the individual and
8 the minor, the court shall dismiss a pending proceeding for
9 adoption and order the return of the minor to the custody of the
10 individual unless the court finds that return will be
11 detrimental to the minor. If the consent of an individual who
12 did not have physical custody of a minor when the minor was
13 placed for adoption or the consent was executed is revoked under
14 subsection (a) or set aside under subsection (b) and no ground
15 exists under Subchapter E of Chapter 23 for terminating the
16 parental relationship between the individual and the minor, the
17 court shall dismiss a pending proceeding for adoption and issue
18 an order providing for the care and custody of the minor
19 according to the best interest of the minor.
20 § 2279. Revocation of relinquishment.
21 (a) Conditions.--A relinquishment is revoked if either of
22 the following occur:
23 (1) Within 192 hours after the birth of the minor, a
24 parent who executed the relinquishment gives written notice
25 to the agency that accepted it that the parent revokes the
26 relinquishment, or the parent complies with any other
27 instructions for revocation specified in the relinquishment.
28 (2) The individual who executed the relinquishment and
29 the agency that accepted it agree to its revocation.
30 (b) Relinquishment set aside by court.--The court shall set
19990H0654B0692 - 38 -
1 aside a relinquishment if the individual who executed the
2 relinquishment establishes at least one of the following:
3 (1) By clear and convincing evidence, before a decree of
4 adoption is issued, that the relinquishment was obtained by
5 fraud or duress.
6 (2) By a preponderance of the evidence, that a condition
7 permitting revocation has occurred.
8 (c) Effect a revocation of relinquishment.--If a
9 relinquishment by an individual who had legal and physical
10 custody of a minor when the relinquishment was executed is
11 revoked under subsection (a)(1) or (2), the agency shall
12 immediately return the minor to the individual's custody and
13 move to dismiss a proceeding for adoption. If the minor is not
14 returned immediately, the individual may petition the court
15 named in the relinquishment for appropriate relief. The court
16 shall hear the petition as expeditiously as possible.
17 (d) Court-ordered return of child.--If a relinquishment by
18 an individual who had legal and physical custody of a minor when
19 the relinquishment was executed is set aside under subsection
20 (b)(1), the court shall dismiss any proceeding for adoption and
21 order the return of the minor to the custody of the individual
22 unless the court finds that return will be detrimental to the
23 minor.
24 (e) Pending adoption proceeding to be dismissed.--If a
25 relinquishment by an individual who had legal and physical
26 custody of a minor when the relinquishment was executed is set
27 aside under subsection (b)(2) and no ground exists under
28 Subchapter E of Chapter 23 (relating to petition to terminate
29 relationship between parent and child) for terminating the
30 parental relationship between the individual and the minor, the
19990H0654B0692 - 39 -
1 court shall dismiss a proceeding for adoption and order the
2 return of the minor to the custody of the individual unless the
3 court finds that return will be detrimental to the minor. If a
4 relinquishment by an individual who did not have physical
5 custody of a minor when the relinquishment was executed is
6 revoked under subsection (a) or set aside under subsection (b)
7 and no ground exists under Subchapter E of Chapter 23 for
8 terminating the parental relationship between the individual and
9 the minor, the court shall dismiss a pending proceeding for
10 adoption and shall issue an order providing for the care and
11 custody of the minor according to the best interest of the
12 minor.
13 SUBCHAPTER E
14 INVOLUNTARY TERMINATION OF PARENTAL RIGHTS
15 Sec.
16 2291. Grounds for involuntary termination.
17 2292. Petition for involuntary termination.
18 2293. Hearing.
19 2294. Effect of decree of termination.
20 § 2291. Grounds for involuntary termination.
21 (a) General rule.--The rights of a parent in regard to a
22 child may be terminated after a petition filed on any of the
23 following grounds:
24 (1) The parent by conduct continuing for a period of at
25 least six months immediately preceding the filing of the
26 petition either has evidenced a settled purpose of
27 relinquishing parental claim to a child or has refused or
28 failed to perform parental duties.
29 (2) The repeated and continued incapacity, abuse,
30 neglect or refusal of the parent has caused the child to be
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1 without essential parental care, control or subsistence
2 necessary for his physical or mental well-being and the
3 conditions and causes of the incapacity, abuse, neglect or
4 refusal cannot or will not be remedied by the parent.
5 (3) The parent is the presumptive but not the natural
6 father of the child.
7 (4) The child is in the custody of an agency, having
8 been found under such circumstances that the identity or
9 whereabouts of the parent is unknown and cannot be
10 ascertained by diligent search and the parent does not claim
11 the child within three months after the child is found.
12 (5) The child has been removed from the care of the
13 parent by the court or under a voluntary agreement with an
14 agency for a period of at least six months, the conditions
15 which led to the removal or placement of the child continue
16 to exist, the parent cannot or will not remedy those
17 conditions within a reasonable period of time, the services
18 or assistance reasonably available to the parent are not
19 likely to remedy the conditions which led to the removal or
20 placement of the child within a reasonable period of time and
21 termination of the parental rights would best serve the needs
22 and welfare of the child.
23 (6) In the case of a newborn child, the parent knows or
24 has reason to know of the child's birth, does not reside with
25 the child, has not married the child's other parent, has
26 failed for a period of four months immediately preceding the
27 filing of the petition to make reasonable efforts to maintain
28 substantial and continuing contact with the child and has
29 failed during the same four-month period to provide
30 substantial financial support for the child.
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1 (7) The parent is the father of a child conceived as a
2 result of a rape or incest.
3 (8) The child has been removed from the care of the
4 parent by the court or under a voluntary agreement with an
5 agency, 12 months or more have elapsed from the date of
6 removal or placement, the conditions which led to the removal
7 or placement of the child continue to exist and termination
8 of parental rights would best serve the needs and welfare of
9 the child.
10 (b) Other considerations.--The court in terminating the
11 rights of a parent shall give primary consideration to the
12 developmental, physical and emotional needs and welfare of the
13 child. The rights of a parent shall not be terminated solely on
14 the basis of environmental factors such as inadequate housing,
15 furnishings, income, clothing and medical care if found to be
16 beyond the control of the parent. With respect to any petition
17 filed pursuant to subsection (a)(1), (6) or (8), the court shall
18 not consider any efforts by the parent to remedy the conditions
19 described therein which are first initiated subsequent to the
20 giving of notice of the filing of the petition.
21 (c) Right to file personal and medical history
22 information.--At the time the decree of termination is
23 transmitted to the parent whose rights have been terminated, the
24 court shall advise the parent, in writing, of his or her
25 continuing right to place and update personal and medical
26 history information, whether or not the medical condition is in
27 existence or discoverable at the time of adoption, in accordance
28 with Chapter 26 (relating to records of adoption proceeding:
29 retention, confidentiality and access).
30 § 2292. Petition for involuntary termination.
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1 (a) Who may file.--A petition to terminate parental rights
2 with respect to a child under the age of 18 years may be filed
3 by any of the following:
4 (1) Either parent when termination is sought with
5 respect to the other parent.
6 (2) An agency.
7 (3) The individual having custody or standing in loco
8 parentis to the child and who has filed a petition under
9 Subchapter C of Chapter 23 (relating to petition for adoption
10 of minor).
11 (4) An attorney representing a child or a guardian ad
12 litem representing a child who has been adjudicated dependent
13 under 42 Pa.C.S. § 6341(c) (relating to adjudication).
14 (b) Contents.--The petition shall set forth specifically
15 those grounds and facts alleged as the basis for terminating
16 parental rights. The petition filed under this section shall
17 also contain an averment that the petitioner will assume custody
18 of the child until such time as the child is adopted. If the
19 petitioner is an agency it shall not be required to aver that an
20 adoption is presently contemplated nor that a person with a
21 present intention to adopt exists.
22 (c) Father not identified.--If the petition does not
23 identify the father of the child, it shall state whether a claim
24 of paternity has been filed under section 5103 (relating to
25 acknowledgment and claim of paternity).
26 § 2293. Hearing.
27 (a) Time.--The court shall fix a time for hearing on a
28 petition filed under section 2292 (relating to petition for
29 involuntary termination) which shall be not less than ten days
30 after filing of the petition.
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1 (b) Notice.--At least ten days' notice shall be given to the
2 parent or parents, putative father or parent of a minor parent
3 whose rights are to be terminated, by personal service or by
4 registered mail to his or their last known address or by such
5 other means as the court may require. A copy of the notice shall
6 be given in the same manner to the other parent, putative father
7 or parent or guardian of a minor parent whose rights are to be
8 terminated. A putative father shall include one who has filed a
9 claim of paternity as provided in section 5103 (relating to
10 acknowledgment and claim of paternity) prior to the institution
11 of proceedings. The notice shall state the following:
12 A petition has been filed asking the court to put an end
13 to all rights you have to your child (insert name of child).
14 The court has set a hearing to consider ending your rights to
15 your child. That hearing will be held in (insert place,
16 giving reference to exact room and building number or
17 designation) on (insert date) at (insert time). You are
18 warned that even if you fail to appear at the scheduled
19 hearing, the hearing will go on without you and your rights
20 to your child may be ended by the court without your being
21 present. You have a right to be represented at the hearing by
22 a lawyer. You should take this paper to your lawyer at once.
23 If you do not have a lawyer or cannot afford one, go to or
24 telephone the office set forth below to find out where you
25 can get legal help.
26 (Name)...................
27 (Address)................
28 .........................
29 (Telephone number).......
30 (c) Mother competent witness on paternity issue.--The
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1 natural mother shall be a competent witness as to whether the
2 presumptive or putative father is the natural father of the
3 child.
4 (d) Decree.--After hearing, which may be private, the court
5 shall make a finding relative to the pertinent provisions of
6 section 2291 (relating to grounds for involuntary termination)
7 and upon such finding may enter a decree of termination of
8 parental rights.
9 § 2294. Effect of decree of termination.
10 (a) Adoption proceeding rights extinguished.--A decree
11 terminating all rights of a parent or a decree terminating all
12 rights and duties of a parent entered by a court of competent
13 jurisdiction shall extinguish the power or the right of the
14 parent to object to or receive notice of adoption proceedings.
15 (b) Award of custody.--The decree shall award custody of the
16 child in accordance with section 2324 (relating to custody
17 during pendency of proceeding) or shall award custody of the
18 child to the petitioner in the case of a proceeding under
19 section 2292 (relating to petition for involuntary termination).
20 (c) Authority of agency or person receiving custody.--An
21 agency or person receiving custody of a child shall stand in
22 loco parentis to the child and in such capacity shall have the
23 authority, inter alia, to consent to marriage, to enlistment in
24 the armed forces and to major medical, psychiatric and surgical
25 treatment and to exercise other authority concerning the child
26 as a natural parent could exercise.
27 CHAPTER 23
28 GENERAL PROCEDURE FOR ADOPTION
29 Subchapter
30 A. Jurisdiction and Venue
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1 B. General Procedural Provisions
2 C. Petition for Adoption of Minor
3 D. Notice of Pendency of Proceeding
4 E. Petition to Terminate Relationship Between Parent and
5 Child
6 F. Evaluation of Adoptee and Prospective Adoptive Parent
7 G. Dispositional Hearing; Decree of Adoption
8 H. Birth Certificate
9 SUBCHAPTER A
10 JURISDICTION AND VENUE
11 Sec.
12 2301. Jurisdiction.
13 2302. Venue.
14 § 2301. Jurisdiction.
15 (a) When jurisdiction lies in this Commonwealth.--Except as
16 otherwise provided in subsections (b) and (c), a court of this
17 Commonwealth has jurisdiction over a proceeding for the adoption
18 of a minor commenced under this part if any of the following
19 exists:
20 (1) Immediately preceding commencement of the
21 proceeding, the minor lived in this Commonwealth with a
22 parent, a guardian, a prospective adoptive parent or another
23 person acting as parent for at least six consecutive months,
24 excluding periods of temporary absence, or, in the case of a
25 minor under six months of age, lived in this Commonwealth
26 from soon after birth with any of those individuals and there
27 is available in this Commonwealth substantial evidence
28 concerning the minor's present or future care.
29 (2) Immediately preceding commencement of the
30 proceeding, the prospective adoptive parent lived in this
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1 Commonwealth for at least six consecutive months, excluding
2 periods of temporary absence, and there is available in this
3 Commonwealth substantial evidence concerning the minor's
4 present or future care.
5 (3) The agency that placed the minor for adoption is
6 located in this Commonwealth and it is in the best interest
7 of the minor that a court of this Commonwealth assume
8 jurisdiction because:
9 (i) The minor and the minor's parents or the minor
10 and the prospective adoptive parent have a significant
11 connection with this Commonwealth.
12 (ii) There is available in this Commonwealth
13 substantial evidence concerning the minor's present or
14 future care.
15 (4) The minor and the prospective adoptive parent are
16 physically present in this Commonwealth and the minor has
17 been abandoned or it is necessary in an emergency to protect
18 the minor because the minor has been subjected to or
19 threatened with mistreatment or abuse or is otherwise
20 neglected.
21 (5) It appears that no other state would have
22 jurisdiction under prerequisites substantially in accordance
23 with paragraphs (1), (2), (3) and (4) or another state has
24 declined to exercise jurisdiction on the ground that this
25 Commonwealth is the more appropriate forum to hear a petition
26 for adoption of the minor, and it is in the best interest of
27 the minor that a court of this Commonwealth assume
28 jurisdiction.
29 (b) When jurisdiction does not lie in this Commonwealth.--A
30 court of this Commonwealth may not exercise jurisdiction over a
19990H0654B0692 - 47 -
1 proceeding for adoption of a minor if, at the time the petition
2 for adoption is filed, a proceeding concerning the custody or
3 adoption of the minor is pending in a court of another state
4 exercising jurisdiction substantially in conformity with
5 Subchapter B of Chapter 53 (relating to child custody
6 jurisdiction) or this part, unless the proceeding is stayed by
7 the court of the other state because this Commonwealth is a more
8 appropriate forum or for another reason.
9 (c) Out-of-State decree, effect.--If a court of another
10 state has issued a decree or order concerning the custody of a
11 minor who may be the subject of a proceeding for adoption in
12 this Commonwealth, a court of this Commonwealth may not exercise
13 jurisdiction over a proceeding for adoption of the minor unless
14 both the following occur:
15 (1) The court of this Commonwealth finds that the court
16 of the state which issued the decree or order:
17 (i) does not have continuing jurisdiction to modify
18 the decree or order under jurisdictional prerequisites
19 substantially in accordance with Subchapter B of Chapter
20 53 or has declined to assume jurisdiction to modify the
21 decree or order; or
22 (ii) does not have jurisdiction over a proceeding
23 for adoption substantially in conformity with subsection
24 (a)(1), (2), (3) and (4) or has declined to assume
25 jurisdiction over a proceeding for adoption.
26 (2) The court of this Commonwealth has jurisdiction
27 under this section over the proceeding for adoption.
28 § 2302. Venue.
29 A petition for adoption of a minor may be filed in the court
30 in the county in which any of the following occurs:
19990H0654B0692 - 48 -
1 (1) A petitioner lives.
2 (2) The minor lives.
3 (3) An office of an agency that placed the minor is
4 located.
5 SUBCHAPTER B
6 GENERAL PROCEDURAL PROVISIONS
7 Sec.
8 2321. Appointment of lawyer or guardian ad litem.
9 2322. No right to jury.
10 2323. Confidentiality of proceedings.
11 2324. Custody during pendency of proceeding.
12 2325. Removal of adoptee from State.
13 § 2321. Appointment of lawyer or guardian ad litem.
14 (a) Appointment of counsel.--In a proceeding under this part
15 which may result in the termination of a parental relationship,
16 the court shall appoint a lawyer for any indigent, minor or
17 incompetent individual who appears in the proceeding and whose
18 parental relationship to a child may be terminated unless the
19 court finds that the minor or incompetent individual has
20 sufficient financial means to hire a lawyer or an indigent
21 individual declines to be represented by a lawyer.
22 (b) Guardian ad litem.--The court shall appoint a guardian
23 ad litem for a minor adoptee in a contested proceeding under
24 this part and may appoint a guardian ad litem for a minor
25 adoptee in an uncontested proceeding.
26 § 2322. No right to jury.
27 A proceeding under this part for adoption or termination of a
28 parental relationship must be heard by the court without a jury.
29 § 2323. Confidentiality of proceedings.
30 Except for a proceeding under Chapter 27 (relating to
19990H0654B0692 - 49 -
1 prohibited and permissible activities in connection with
2 adoption), a civil proceeding under this part must be heard in
3 closed court.
4 § 2324. Custody during pendency of proceeding.
5 In order to protect the welfare of the minor, the court shall
6 make an interim order for custody of a minor adoptee according
7 to the best interest of the minor in a contested proceeding
8 under this part for adoption or termination of a parental
9 relationship and may make an interim order for custody in an
10 uncontested proceeding.
11 § 2325. Removal of adoptee from State.
12 Before a decree of adoption is issued, a petitioner may not
13 remove a minor adoptee for more than 30 consecutive days from
14 the state in which the petition resides without the permission
15 of the court, if the minor was placed directly for adoption, or,
16 if an agency placed the minor for adoption, the permission of
17 the agency.
18 SUBCHAPTER C
19 PETITION FOR ADOPTION OF MINOR
20 Sec.
21 2331. Standing to file petition.
22 2332. Time for filing petition.
23 2333. Caption of petition.
24 2334. Content of petition.
25 2335. Required documents.
26 § 2331. Standing to file petition.
27 (a) Parties in interest.--Except as otherwise provided in
28 subsection (c), the only individuals who have standing to
29 petition to adopt a minor under this chapter are:
30 (1) An individual with whom a minor has been placed for
19990H0654B0692 - 50 -
1 adoption or who has been selected as a prospective adoptive
2 parent by a person authorized under this part to place the
3 minor for adoption.
4 (2) An individual with whom a minor has not been placed
5 for adoption or who has not been selected or rejected as a
6 prospective adoptive parent under Subchapters A (relating to
7 placement of minor for adoption), B (relating to preplacement
8 evaluation) and C (relating to transfer of physical custody
9 of minor by health care facility for purposes of adoption) of
10 Chapter 22, but who has had physical custody of the minor for
11 at least six months before seeking to file a petition for
12 adoption and is allowed to file the petition by the court for
13 good cause shown.
14 (b) Joinder of spouse of petitioner.--The spouse of a
15 petitioner must join in the petition unless legally separated
16 from the petitioner or judicially declared mentally incompetent.
17 (c) Adoption of a stepchild.--A petition for adoption of
18 minor stepchild by stepparent may be filed under Chapter 24
19 (relating to adoption of minor stepchild by stepparent) and a
20 petition for adoption of an emancipated minor may be filed under
21 Chapter 25 (relating to adoption of adults and emancipated
22 minors).
23 § 2332. Time for filing petition.
24 (a) Thirty-day time limit.--A prospective adoptive parent
25 shall file a petition for adoption with the court no later than
26 30 days after acquiring standing under section 2331 (relating to
27 standing to file petition), unless the court for good cause
28 allows a later filing.
29 (b) Effect of petition not timely filed.--If a petition is
30 not timely filed under subsection (a), a person whose consent to
19990H0654B0692 - 51 -
1 the adoption is required or the department may commence an
2 action or proceeding challenging the prospective adoptive
3 parent's right to physical custody of the minor.
4 § 2333. Caption of petition.
5 The caption of a petition for adoption of a minor must
6 contain the name of or a pseudonym for the minor adoptee and may
7 not contain the name of the petitioner.
8 § 2334. Content of petition.
9 (a) Contents.--A petition for adoption of a minor must be
10 signed and verified by the petitioner and contain the following
11 information or state why any of the information is not contained
12 in the petition:
13 (1) The full name, age and place and duration of
14 residence of the petitioner.
15 (2) The current marital status of the petitioner,
16 including the date and place of any marriage, the date of any
17 legal separation or divorce and the date of any judicial
18 determination that a petitioner's spouse is incompetent.
19 (3) That the petitioner has facilities and resources to
20 provide for the care and support of the minor.
21 (4) That a preplacement evaluation favorable to the
22 petitioner has been completed or brought current within the
23 12 months next preceding the placement or that a preplacement
24 evaluation has been waived by a court for good cause shown.
25 (5) The first name, sex and date or approximate date and
26 place of birth of the minor adoptee and a statement that the
27 minor is or is not a Native American child as defined in the
28 Indian Child Welfare Act of 1978 (Public Law 95-608, 25
29 U.S.C. § 1901 et seq.).
30 (6) The circumstances under which the petitioner
19990H0654B0692 - 52 -
1 obtained physical custody of the minor, including the date of
2 placement of the minor with the petitioner for adoption and
3 the name of the agency or the name or relationship to the
4 minor of the individual that placed the minor.
5 (7) The length of time the minor has been in the custody
6 of the petitioner and, if the minor is not in the physical
7 custody of the petitioner, the reason why the petitioner does
8 not have custody and the date and manner in which the
9 petitioner intends to obtain custody.
10 (8) A description and estimate of the value of any
11 property of the minor.
12 (9) That any provision of law governing interstate or
13 intercountry placement was complied with.
14 (10) The name or relationship to the minor of an
15 individual who has executed a consent or relinquishment to
16 the adoption or a disclaimer of paternal interest, and the
17 name or relationship to the minor of any individual whose
18 consent or relinquishment may be required, but whose parental
19 relationship has not been terminated and any fact or
20 circumstance that may excuse the lack of consent.
21 (11) That a previous petition by the petitioner to adopt
22 has or has not been made in any court and its disposition.
23 (12) A description of any previous court order or
24 pending proceeding known to the petitioner concerning custody
25 of or visitation with the minor and any other fact known to
26 the petitioner and needed to establish the jurisdiction of
27 the court.
28 (b) Explicit request required.--The petitioner shall request
29 in the petition all of the following:
30 (1) That the petitioner be permitted to adopt the minor
19990H0654B0692 - 53 -
1 as the petitioner's child.
2 (2) That the court approve the full name by which the
3 minor is to be known if the petition is granted.
4 (3) Any other relief sought by the petitioner.
5 § 2335. Required documents.
6 (a) Other documents in addition to petition.--Before the
7 hearing on a petition for adoption, the following must be filed:
8 (1) A certified copy of the birth certificate or other
9 record of the date and place of birth of the minor adoptee.
10 (2) Any consent, relinquishment or disclaimer of
11 paternal interest with respect to the minor that has been
12 executed, and any written certifications required by section
13 2275(d) and (g) (relating to procedure for execution of
14 consent or relinquishment) from the individual before whom a
15 consent or relinquishment was executed.
16 (3) A certified copy of any court order terminating the
17 rights and duties of the minor's parents or guardian.
18 (4) A certified copy of each parent's or former parent's
19 marriage certificate, decree of divorce, annulment or
20 dissolution, or agreement or decree of legal separation and a
21 certified copy of any court order determining the parent's or
22 former parent's incompetence.
23 (5) A certified copy of any existing court order or the
24 petition in any pending proceeding concerning custody of or
25 visitation with the minor.
26 (6) A copy of the preplacement evaluation and of the
27 evaluation during the pendency of the proceeding for
28 adoption.
29 (7) A copy of any report containing the information
30 required by section 2206 (relating to disclosure of
19990H0654B0692 - 54 -
1 information on background).
2 (8) A document signed pursuant to 2274 (relating to time
3 for execution of consent or relinquishment).
4 (9) A certified copy of the petitioner's marriage
5 certificate, decree of divorce, annulment or dissolution, or
6 agreement or decree of legal separation, and a certified copy
7 of any court order determining the incompetence of the
8 petitioner's spouse.
9 (10) A copy of any agreement with a public agency to
10 provide a subsidy for the benefit of a minor adoptee with a
11 special need.
12 (11) If an agency placed the minor adoptee, a verified
13 document from the agency stating:
14 (i) the circumstances under which it obtained
15 custody of the minor for purposes of adoption;
16 (ii) that it complied with any provision of law
17 governing an interstate or intercountry placement of the
18 minor;
19 (iii) the name or relationship to the minor of any
20 individual whose consent is required, but who has not
21 executed a consent or a relinquishment or whose parental
22 relationship has not been terminated, and any fact or
23 circumstance that may excuse the lack of consent or
24 relinquishment; and
25 (iv) whether it has executed its consent to the
26 proposed adoption and whether it waives notice of the
27 proceeding.
28 (12) The name and address, if known, of any person who
29 is entitled to receive notice of the proceeding for adoption.
30 (b) Explanation of nonavailability of documents.--If an item
19990H0654B0692 - 55 -
1 required by subsection (a) is not available, the person
2 responsible for furnishing the item shall file an affidavit
3 explaining its absence.
4 SUBCHAPTER D
5 NOTICE OF PENDENCY OF PROCEEDING
6 Sec.
7 2341. Service of notice.
8 2342. Content of notice.
9 2343. Manner and effect of service.
10 2344. Investigation and notice to unknown father.
11 2345. Waiver of notice.
12 § 2341. Service of notice.
13 (a) Persons upon whom service is required.--Unless notice
14 has been waived, notice of a proceeding for adoption of a minor
15 must be served, within 20 days after a petition for adoption is
16 filed, upon all of the following:
17 (1) An individual whose consent to the adoption is
18 required under section 2271 (relating to persons whose
19 consent required), but notice need not be served upon an
20 individual whose parental relationship to the minor or whose
21 status as a guardian has been terminated.
22 (2) An agency whose consent to the adoption is required
23 under section 2271.
24 (3) An individual who claims to be or is named as the
25 father or possible father of the minor adoptee and whose
26 paternity of the minor has not been judicially determined,
27 but notice need not be served upon a man who has executed a
28 verified statement, as described in section 2272(a)(4)
29 (relating to persons whose consent not required), denying
30 paternity or disclaiming any interest in the minor.
19990H0654B0692 - 56 -
1 (4) An individual other than the petitioner who has
2 legal or physical custody of the minor adoptee or who has a
3 right of visitation with the minor under an existing court
4 order issued by a court in this Commonwealth or another
5 state.
6 (5) The spouse of the petitioner if the spouse has not
7 joined in the petition.
8 (6) A grandparent of a minor adoptee if the
9 grandparent's child is a deceased parent of the minor and,
10 before death, the deceased parent had not executed a consent
11 or relinquishment or the deceased parent's parental
12 relationship to the minor had not been terminated.
13 (b) Additional persons who may need to be served.--The court
14 shall require notice of a proceeding for adoption of a minor to
15 be served upon any person the court finds, at any time during
16 the proceeding, is:
17 (1) A person described in subsection (a) who has not
18 been given notice.
19 (2) An individual who has revoked a consent or
20 relinquishment under section 2278(a) (relating to revocation
21 of consent) or 2279(a) (relating to revocation of
22 relinquishment) or is attempting to have a consent or
23 relinquishment set aside under section 2278(b) or 2279(b).
24 (3) A person who, on the basis of a previous
25 relationship with the minor adoptee, a parent, an alleged
26 parent or the petitioner, can provide information that is
27 relevant to the proposed adoption and that the court in its
28 discretion wants to hear.
29 § 2342. Content of notice.
30 A notice required by section 2341 (relating to service of
19990H0654B0692 - 57 -
1 notice) must use a pseudonym for a petitioner or any individual
2 named in the petition for adoption who has not waived
3 confidentiality and must contain all of the following:
4 (1) The caption of the petition.
5 (2) The address and telephone number of the court where
6 the petition is pending.
7 (3) A concise summary of the relief requested in the
8 petition.
9 (4) The name, mailing address and telephone number of
10 the petitioner or petitioner's lawyer.
11 (5) A conspicuous statement of the consequences of
12 failure to respond to the notice of the proceeding for
13 adoption.
14 (6) Any statement required by other applicable law or
15 rule.
16 § 2343. Manner and effect of service.
17 (a) Procedure.--Service of the notice required by section
18 2341 (relating to service of notice) must be made in a manner
19 appropriate under the rules of civil procedure for the service
20 of process in a civil action in this Commonwealth unless the
21 court otherwise directs.
22 (b) Forfeiture of right to standing.--Except as otherwise
23 provided in subsection (c), a person who fails to respond to the
24 notice within 20 days after its service is not entitled to
25 participate in or receive further notice of the proceeding for
26 adoption.
27 (c) Exception.--An individual who is a respondent in a
28 petition to terminate the relationship of parent and child under
29 Subchapter E (relating to petition to terminate relationship
30 between parent and child) which is served upon the individual
19990H0654B0692 - 58 -
1 with the notice required by section 2341 is not entitled to
2 participate in or receive further notice of the proceeding for
3 adoption or for termination unless the individual responds to
4 the notice as required by section 2344 (relating to
5 investigation and notice to unknown father).
6 § 2344. Investigation and notice to unknown father.
7 (a) Paternity disclosure.--If, at any time in a proceeding
8 for adoption or for termination of a relationship of parent and
9 child under Subchapter E (relating to petition to terminate
10 relationship between parent and child), the court finds that an
11 unknown father of a minor adoptee may not have received notice,
12 the court shall determine whether he can be identified. The
13 determination shall be based on evidence that includes inquiry
14 of appropriate persons in an effort to identify an unknown
15 father for the purpose of providing notice.
16 (b) Marital status.--The inquiry required by subsection (a)
17 shall include whether:
18 (1) The woman who gave birth to the minor adoptee was
19 married at the probable time of conception of the minor or at
20 a later time.
21 (2) The woman was cohabiting with a man at the probable
22 time of conception of the minor.
23 (3) The woman has received payments or promises of
24 support, other than from a governmental agency, with respect
25 to the minor or because of her pregnancy.
26 (4) The woman has named any individual as the father on
27 the birth certificate of the minor or in connection with
28 applying for or receiving public assistance.
29 (5) Any individual has formally or informally
30 acknowledged or claimed paternity of the minor in a
19990H0654B0692 - 59 -
1 jurisdiction in which the woman resided during or since her
2 pregnancy, or in which the minor has resided or resides, at
3 the time of the inquiry.
4 (c) Determination of paternity.--If inquiry under subsection
5 (b) identifies as the father of the minor an individual who has
6 not received notice of the proceeding, the court shall require
7 notice to be served upon him under section 2343 (relating to
8 manner and effect of service), unless service is not possible
9 because his whereabouts are unknown.
10 (d) Service on father not possible.--If, after inquiry under
11 subsection (b), the court finds that personal service cannot be
12 made upon the father of the minor because his identity or
13 whereabouts is unknown, the court shall order publication or
14 public posting of the notice only if, on the basis of all
15 information available, the court determines that publication or
16 posting is likely to lead to receipt of notice by the father. If
17 the court determines that publication or posting is not likely
18 to lead to receipt of notice, the court may dispense with the
19 publication or posting of a notice.
20 (e) Effect of failure to disclose identity of father.--If,
21 in an inquiry under this section, the woman who gave birth to
22 the minor adoptee fails to disclose the identity of a possible
23 father or reveal his whereabouts, she shall be advised that the
24 proceeding for adoption may be delayed or subject to challenge
25 if a possible father is not given notice of the proceeding and
26 that the lack of information about the father's medical and
27 genetic history may be detrimental to the adoptee.
28 § 2345. Waiver of notice.
29 (a) Writing required.--Notice required under this part may
30 be waived before the court or in a consent, relinquishment or
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1 other document signed by a person entitled to receive the
2 notice.
3 (b) Grounds.--Except for the purpose of moving to revoke a
4 consent or relinquishment on the ground that it was obtained by
5 fraud or duress, a person who has waived notice may not appear
6 in the proceeding for adoption.
7 SUBCHAPTER E
8 PETITION TO TERMINATE RELATIONSHIP BETWEEN
9 PARENT AND CHILD
10 Sec.
11 2351. Authorization.
12 2352. Time and content of petition to terminate.
13 2353. Service of petition and notice.
14 2354. Grounds for terminating relationship.
15 2355. Effect of order granting petition.
16 2356. Effect of order denying petition.
17 § 2351. Authorization.
18 A petition to terminate the relationship between a parent or
19 an alleged parent and a minor child may be filed in a proceeding
20 for adoption under this part by any of the following parties:
21 (1) A parent or a guardian who has selected a
22 prospective adoptive parent for a minor and who intends to
23 place or has placed the minor with that individual.
24 (2) A parent whose spouse has filed a petition under
25 Chapter 24 (relating to adoption of minor stepchild by
26 stepparent) to adopt the parent's minor child.
27 (3) A prospective adoptive parent of the minor who has
28 filed a petition to adopt under Chapter 24.
29 (4) An agency that has selected a prospective adoptive
30 parent for the minor and intends to place or has placed the
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1 minor with that individual.
2 § 2352. Time and content of petition to terminate.
3 (a) Petition to adopt precedes petition to terminate.--A
4 petition under this subchapter may be filed at any time after a
5 petition for adoption has been filed under Chapter 24 (relating
6 to adoption of minor stepchild by stepparent) or this chapter
7 and before entry of a decree of adoption.
8 (b) Contents of petition to terminate.--A petition under
9 this subchapter shall be signed and verified by the petitioner,
10 be filed with the court and state all of the following:
11 (1) The name or pseudonym of the petitioner.
12 (2) The name of the minor.
13 (3) The name and last known address of the parent or
14 alleged parent whose parental relationship to the minor is to
15 be terminated.
16 (4) The facts and circumstances forming the basis for
17 the petition and the grounds on which termination of a
18 parental relationship is sought.
19 (5) If the petitioner is a prospective adoptive parent,
20 that the petitioner intends to proceed with the petition to
21 adopt the minor if the petition to terminate is granted.
22 (6) If the petitioner is a parent, a guardian or an
23 agency, that the petitioner has selected the prospective
24 adoptive parent who is the petitioner in the proceeding for
25 adoption.
26 § 2353. Service of petition and notice.
27 (a) Manner of service.--A petition to terminate under this
28 subchapter and a notice of hearing on the petition shall be
29 served upon the respondent, with notice of the proceeding for
30 adoption, in the manner prescribed in sections 2343 (relating to
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1 manner and effect of service) and 2344 (relating to
2 investigation and notice to unknown father).
3 (b) Contents of notice.--The notice of the hearing shall
4 inform the respondent that:
5 (1) The respondent has a right to be represented by a
6 lawyer and may be entitled to have a lawyer appointed by the
7 court.
8 (2) Failure to respond within 20 days after service and,
9 in the case of an alleged father, failure to file a claim of
10 paternity within 20 days after service unless a claim of
11 paternity is pending will result in termination of the
12 relationship of parent and child between the respondent and
13 the minor unless the proceeding for adoption is dismissed.
14 § 2354. Grounds for terminating relationship.
15 (a) Service of petition and notice necessary.--If the
16 respondent is served with a petition to terminate under this
17 subchapter and the accompanying notice and does not respond and,
18 in the case of an alleged father, file a claim of paternity
19 within 20 days after the service unless a claim of paternity is
20 pending, the court shall order the termination of any
21 relationship of parent and child between the respondent and the
22 minor unless the proceeding for adoption is dismissed.
23 (b) Exception.--If, under section 2324 (relating to custody
24 during pendency of proceeding), the court dispenses with service
25 of the petition upon the respondent, the court shall order the
26 termination of any relationship of parent and child between the
27 respondent and the minor unless the proceeding for adoption is
28 dismissed.
29 (c) Grounds for involuntary termination.--If the respondent
30 asserts parental rights, the court shall proceed with the
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1 hearing as expeditiously as possible and shall order the
2 termination of any relationship of parent and child between the
3 respondent and the minor upon finding, by a preponderance of the
4 evidence, that termination is in the best interest of the minor
5 and, upon clear and convincing evidence, that one of the
6 following grounds exists:
7 (1) In the case of a minor who has not attained six
8 months of age at the time the petition for adoption is filed,
9 unless the respondent proves by a preponderance of the
10 evidence a compelling reason for not complying with this
11 paragraph, the respondent has failed to:
12 (i) pay reasonable prenatal, natal and postnatal
13 expenses in accordance with the respondent's financial
14 means;
15 (ii) make reasonable and consistent payments, in
16 accordance with the respondent's financial means, for the
17 support of the minor;
18 (iii) visit regularly with the minor; and
19 (iv) manifest an ability and willingness to assume
20 legal and physical custody of the minor, if, during this
21 time, the minor was not in the physical custody of the
22 other parent.
23 (2) In the case of a minor who has attained six months
24 of age at the time a petition for adoption is filed unless
25 the respondent proves by a preponderance of the evidence a
26 compelling reason for not complying with this paragraph, the
27 respondent, for a period of at least six consecutive months
28 immediately preceding the filing of the petition, has failed
29 to:
30 (i) make reasonable and consistent payments, in
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1 accordance with the respondent's means, for the support
2 of the minor;
3 (ii) communicate or visit regularly with the minor;
4 and
5 (iii) manifest an ability and willingness to assume
6 legal and physical custody of the minor, if, during this
7 time, the minor was not in the physical custody of the
8 other parent.
9 (3) The respondent has been convicted of a crime of
10 violence or of violating a restraining or protective order,
11 and the facts of the crime or violation and the respondent's
12 behavior indicate that the respondent is unfit to maintain a
13 relationship of parent and child with the minor.
14 (4) The respondent is a man who was not married to the
15 minor's mother when the minor was conceived or born and is
16 not the biological or adoptive father of the minor.
17 (5) Termination is justified on a ground specified in
18 section 2291 (relating to grounds for involuntary
19 termination).
20 (d) Finding to be based on clear and convincing evidence.--
21 If the respondent proves by a preponderance of the evidence that
22 he or she had a compelling reason for not complying with the
23 requirements of subsection (c)(1) or (2) and termination is not
24 justified on a ground stated in subsection (c)(3) or (4), the
25 court may terminate the respondent's parental relationship to a
26 minor only upon a finding that termination is in the best
27 interest of the minor and, upon clear and convincing evidence,
28 that at least one of the following conditions exists:
29 (1) If the minor is not in the legal and physical
30 custody of the other parent, the respondent is not able or
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1 willing promptly to assume legal and physical custody of the
2 minor and to pay for the minor's support, in accordance with
3 the respondent's financial means.
4 (2) If the minor is in the legal and physical custody of
5 the other parent and a stepparent and the stepparent is the
6 prospective adoptive parent, the respondent is not able or
7 willing promptly to establish and maintain contact with the
8 minor and to pay for the minor's support, in accordance with
9 the respondent's financial means.
10 (3) Placing the minor in the respondent's legal and
11 physical custody would pose a risk of substantial harm to the
12 physical or psychological well-being of the minor because of
13 the circumstances of the minor's conception, the respondent's
14 behavior during the mother's pregnancy or since the minor's
15 birth or the respondent's behavior with respect to other
16 minors indicates that the respondent is unfit to maintain a
17 relationship of parent and child with the minor.
18 (4) Failure to terminate would be detrimental to the
19 minor.
20 (e) Failure to terminate would be detrimental to the
21 minor.--In determining whether failure to terminate would be
22 detrimental under subsection (d)(4), the court shall consider
23 any relevant factor, including the respondent's efforts to
24 obtain or maintain legal and physical custody of the minor, the
25 role of other persons in thwarting the respondent's efforts to
26 assert parental rights, the respondent's ability to care for the
27 minor, the age of the minor, the quality of any previous
28 relationship between the respondent and the minor and between
29 the respondent and any other minor children, the duration and
30 suitability of the minor's present custodial environment and the
19990H0654B0692 - 66 -
1 effect of a change of physical custody on the minor.
2 § 2355. Effect of order granting petition.
3 An order issued under this subchapter granting the petition:
4 (1) Terminates the respondent's parental relationship to
5 a minor.
6 (2) Extinguishes any right the respondent had to
7 withhold consent to a proposed adoption of the minor or to
8 further notice of a proceeding for adoption.
9 (3) Is a final order for purposes of appeal.
10 § 2356. Effect of order denying petition.
11 (a) Determinations.--If the court denies the petition to
12 terminate a relationship of parent and child, the court shall
13 dismiss the proceeding for adoption and shall determine the
14 legal and physical custody of the minor according to the
15 criteria stated in section 2374 (relating to denial of petition
16 for adoption).
17 (b) Final order.--An order issued under this subchapter
18 denying a petition to terminate a relationship of parent and
19 child is a final order for purposes of appeal.
20 SUBCHAPTER F
21 EVALUATION OF ADOPTEE AND PROSPECTIVE
22 ADOPTIVE PARENT
23 Sec.
24 2361. Evaluation during proceeding for adoption.
25 2362. Content of evaluation.
26 2363. Time and filing of evaluation.
27 § 2361. Evaluation during proceeding for adoption.
28 (a) Person qualified to conduct evaluation.--After a
29 petition for adoption of a minor is filed, the court shall order
30 that an evaluation be made by an individual qualified under
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1 section 2232 (relating to preplacement evaluator) to assist the
2 court in determining whether the proposed adoption is in the
3 best interest of the minor.
4 (b) Documents relevant to evaluation.--The court shall
5 provide the evaluator with copies of the petition for adoption
6 and of the items filed with the petition.
7 § 2362. Content of evaluation.
8 (a) Personal interview with petitioner and adoptee.--An
9 evaluation shall be based on a personal interview with the
10 petitioner in the petitioner's residence and observation of the
11 relationship between the minor adoptee and the petitioner.
12 (b) Written report of evaluation.--An evaluation shall be in
13 writing and contain the following:
14 (1) An account of any change in the petitioner's marital
15 status or family history, physical or mental health, home
16 environment, property, income or financial obligations since
17 the filing of the preplacement evaluation.
18 (2) All reasonably available information concerning the
19 physical, mental and emotional condition of the minor adoptee
20 which is not included in any report on the minor's health,
21 genetic and social history filed in the proceeding for
22 adoption.
23 (3) Copies of any court order, judgment, decree or
24 pending legal proceeding affecting the minor adoptee, the
25 petitioner or any child of the petitioner.
26 (4) A list of the expenses, fees or other charges
27 incurred, paid or to be paid, and of anything of value
28 exchanged or to be exchanged, in connection with the
29 adoption.
30 (5) Any behavior or characteristics of the petitioner
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1 which raise a specific concern, as described in section
2 2234(a) (relating to determining suitability to be adoptive
3 parent), about the petitioner or the petitioner's home.
4 (6) A finding by the evaluator concerning the
5 suitability of the petitioner and the petitioner's home for
6 the minor adoptee and a recommendation concerning the
7 granting of the petition for adoption.
8 § 2363. Time and filing of evaluation.
9 (a) Sixty-day limitation.--The evaluator shall complete a
10 written evaluation and file it with the court within 60 days
11 after receipt of the court's order for an evaluation unless the
12 court for good cause allows a later filing.
13 (b) Exception.--If an evaluation produces a specific
14 concern, as described in section 2234 (relating to determining
15 suitability to be adoptive parent), the evaluation shall be
16 filed immediately and shall explain why the concern poses a
17 significant risk of harm to the physical or psychological well-
18 being of the minor.
19 (c) Petitioner shall receive copy of report.--An evaluator
20 shall give the petitioner a copy of an evaluation when filed
21 with the court and for two years shall retain a copy and a list
22 of every source for each item of information in the evaluation.
23 (d) Immunity from civil action.--An evaluator who conducts
24 an evaluation in good faith is not subject to civil liability
25 for anything contained in the evaluation.
26 SUBCHAPTER G
27 DISPOSITIONAL HEARING; DECREE OF ADOPTION
28 Sec.
29 2371. Time for hearing on petition.
30 2372. Disclosure of fees and charges.
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1 2373. Granting petition for adoption.
2 2374. Denial of petition for adoption.
3 2375. Decree of adoption.
4 2376. Finality of decree.
5 2377. Challenges to decree.
6 § 2371. Time for hearing on petition.
7 The court shall set a date and time for hearing the petition,
8 which shall be no sooner than 90 days and no later than 180 days
9 after the petition for adoption has been filed unless the court
10 for good cause sets an earlier or later date and time.
11 § 2372. Disclosure of fees and charges.
12 At least 10 days before the hearing the following shall be
13 done:
14 (1) The petitioner shall file with the court a signed
15 and verified accounting of any payment or disbursement of
16 money or anything of value made or agreed to be made by or on
17 behalf of the petitioner in connection with the adoption or
18 under Chapter 27 (relating to prohibited and permissible
19 activities in connection with adoption). The accounting shall
20 include the date and amount of each payment or disbursement
21 made, the name and address of each recipient and the purpose
22 of each payment or disbursement.
23 (2) The lawyer for the petitioner shall file with the
24 court an affidavit itemizing any fee, compensation or other
25 thing of value received by or agreed to be paid to the lawyer
26 incidental to the placement and adoption of the minor.
27 (3) The lawyer for each parent of the minor or for the
28 guardian of the minor shall file with the court an affidavit
29 itemizing any fee, compensation or other thing of value
30 received by or agreed to be paid to the lawyer incidental to
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1 the placement and adoption of the minor.
2 (4) If an agency placed the minor for adoption, the
3 agency shall file with the court an affidavit itemizing any
4 fee, compensation or other thing of value received by the
5 agency for or incidental to the placement and adoption of the
6 minor.
7 (5) If a guardian placed the minor for adoption, the
8 guardian shall file with the court an affidavit itemizing any
9 fee, compensation or other thing of value received by the
10 guardian for or incidental to the placement and adoption of
11 the minor.
12 § 2373. Granting petition for adoption.
13 (a) Conditions upon which petition may be granted.--A court
14 shall grant a petition for adoption if it determines that the
15 adoption will be in the best interest of the minor and that all
16 of the following have occurred:
17 (1) At least 90 days have elapsed since the filing of
18 the petition for adoption unless the court for good cause
19 shown waives this requirement.
20 (2) The adoptee has been in the physical custody of the
21 petitioner for at least 90 days unless the court for good
22 cause shown waives this requirement.
23 (3) Notice of the proceeding for adoption has been
24 served or dispensed with as to any person entitled to receive
25 notice under Subchapter D (relating to notice of pendency of
26 proceeding).
27 (4) Every necessary consent, relinquishment, waiver,
28 disclaimer of paternal interest or judicial order terminating
29 parental rights, including an order issued under Subchapter E
30 (relating to petition to terminate relationship between
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1 parent and child), has been obtained and filed with the
2 court.
3 (5) Any evaluation required by this part has been filed
4 with and considered by the court.
5 (6) The petitioner is a suitable adoptive parent for the
6 minor.
7 (7) If applicable, any requirement of this part
8 governing an interstate or intercountry placement for
9 adoption has been met.
10 (8) The Indian Child Welfare Act of 1978 (Public Law 95-
11 608, 25 U.S.C. § 1901 et seq.) is not applicable to the
12 proceeding or, if applicable, its requirements have been met.
13 (9) An accounting and affidavit required by section 2372
14 (relating to disclosure of fees and charges) has been
15 reviewed by the court, and the court has denied, modified or
16 ordered reimbursement of any payment or disbursement that is
17 not authorized by Chapter 27 (relating to prohibited and
18 permissible activities in connection with adoption) or is
19 unreasonable or unnecessary when compared with the expenses
20 customarily incurred in connection with an adoption.
21 (10) The petitioner has received each report required by
22 section 2206 (relating to disclosure of information on
23 background).
24 (11) Any document signed under section 2274(e) (relating
25 to time for execution of consent or relinquishment)
26 concerning the release of a former parent's identity to the
27 adoptee after the adoptee attains 18 years of age has been
28 filed with the court.
29 (b) Duty of court to report misconduct.--Notwithstanding a
30 finding by the court that an activity prohibited by Chapter 27
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1 or another section of this part has occurred, if the court makes
2 the determinations required by subsection (a), the court shall
3 grant the petition for adoption and report the violation to the
4 appropriate authorities.
5 (c) Notification of decree's effect on prior visitation
6 rights.--Except as otherwise provided in Chapter 24 (relating to
7 adoption of minor stepchild by stepparent), the court shall
8 inform the petitioner and any other individual affected by an
9 existing order for visitation or communication with the minor
10 adoptee that the decree of adoption terminates any existing
11 order for visitation or communication.
12 § 2374. Denial of petition for adoption.
13 If a court denies a petition for adoption, it shall dismiss
14 the proceeding and issue an appropriate order for the legal and
15 physical custody of the minor. If the reason for the denial is
16 that a consent or relinquishment is revoked or set aside under
17 section 2278 (relating to revocation of consent) or 2279
18 (relating to revocation of relinquishment), the court shall
19 determine the minor's custody according to the criteria stated
20 in those sections. If the petition for adoption is denied for
21 any other reason, the court shall determine the minor's custody
22 according to the best interest of the minor.
23 § 2375. Decree of adoption.
24 (a) Essential elements of decree.--A decree of adoption
25 shall state or contain:
26 (1) The original name of the minor adoptee if the
27 adoption is by a stepparent or relative and, in all other
28 adoptions, the original name or a pseudonym.
29 (2) The name of the petitioner for adoption.
30 (3) Whether the petitioner is married or unmarried.
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1 (4) Whether the petitioner is a stepparent of the
2 adoptee.
3 (5) The name by which the adoptee is to be known and
4 when the name takes effect.
5 (6) Information to be incorporated into a new birth
6 certificate to be issued by the registrar unless the
7 petitioner or an adoptee who has attained 12 years of age
8 requests that a new certificate not be issued.
9 (7) The adoptee's date and place of birth, if known, or
10 in the case of an adoptee born outside the United States, as
11 determined under subsection (b).
12 (8) The effect of the decree of adoption as stated in
13 sections 2106 (relating to legal relationship between adoptee
14 and adoptive parent after adoption) through 2108 (relating to
15 other rights of adoptee).
16 (9) That the adoption is in the best interest of the
17 adoptee.
18 (b) Fixing date of birth of adoptee born out of country.--In
19 determining the date and place of birth of an adoptee born
20 outside the United States, the court shall do the following:
21 (1) Enter the date and place of birth as stated in the
22 birth certificate from the country of origin, the United
23 States Department of State's report of birth abroad or the
24 documents of the United States Immigration and Naturalization
25 Service.
26 (2) If the exact place of birth is unknown, enter the
27 information that is known and designate a place of birth
28 according to the best information known with respect to the
29 country of origin.
30 (3) If the exact date of birth is unknown, determine a
19990H0654B0692 - 74 -
1 date of birth based upon medical evidence as to the probable
2 age of the adoptee and other evidence the court considers
3 appropriate.
4 (4) If documents described in paragraph (1) are not
5 available, determine the date and place of birth based upon
6 evidence the court finds appropriate to consider.
7 (c) Right of privacy of former parent.--Unless a petitioner
8 requests otherwise and the former parent agrees, the decree of
9 adoption may not contain the name of a former parent of the
10 adoptee.
11 (d) Effect of decree on prior visitation rights.--Except for
12 a decree of adoption of a minor by a stepparent which is issued
13 under Chapter 24 (relating to adoption of minor stepchild by
14 stepparent), a decree of adoption of a minor shall contain a
15 statement that the adoption terminates any order for visitation
16 or communication with the minor that was in effect before the
17 decree is issued.
18 (e) Substantial compliance.--Failure to comply with an
19 agreement or order for visitation or communication with an
20 adoptee is not a ground for challenging the validity of the
21 adoption.
22 § 2376. Finality of decree.
23 A decree of adoption is a final order for purposes of appeal
24 when it is issued and becomes final for other purposes upon the
25 expiration of the time for filing an appeal or upon the denial
26 of any appeal filed within the requisite time.
27 § 2377. Challenges to decree.
28 (a) Appellate review to be expeditious.--An appeal from a
29 decree of adoption or other appealable order issued under this
30 part shall be heard expeditiously.
19990H0654B0692 - 75 -
1 (b) Waiver of appeal.--A decree or order issued under this
2 part may not be vacated, annulled or reversed upon application
3 of a person who waived notice or who was properly served with
4 notice under this part and failed to respond or appear, file an
5 answer or file a claim of paternity within the time allowed.
6 (c) Failure to comply with agreement for visitation or
7 communication.--The validity of a decree of adoption issued
8 under this act may not be challenged for failure to comply with
9 an agreement for visitation or communication with an adoptee.
10 (d) Collateral challenges.--A decree of adoption or other
11 order issued under this part is not subject to a collateral
12 challenge begun more than six months after the decree or order
13 is issued. If a collateral challenge is brought by an individual
14 whose parental relationship to an adoptee is terminated by a
15 decree or order under this part, the court shall deny the
16 challenge unless the court finds by clear and convincing
17 evidence that the decree or order is not in the best interest of
18 the adoptee.
19 (e) Substantial compliance of decree.--A decree that
20 substantially complies with the requirements of this section is
21 not subject to challenge solely because one or more items
22 required by this section are not contained in the decree.
23 SUBCHAPTER H
24 BIRTH CERTIFICATE
25 Sec.
26 2381. Report of adoption.
27 2382. Issuance of new birth certificate.
28 § 2381. Report of adoption.
29 (a) Notification of decree to vital records.--Within 30 days
30 after a decree of adoption becomes final, the clerk of the court
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1 shall prepare a report of adoption on a form furnished by the
2 registrar and certify and send the report to the registrar. The
3 report shall include the following:
4 (1) Information in the court's record of the proceeding
5 for adoption which is necessary to locate and identify the
6 adoptee's birth certificate or, in the case of an adoptee
7 born outside the United States, evidence the court finds
8 appropriate to consider as to the adoptee's date and place of
9 birth.
10 (2) Information in the court's record of the proceeding
11 for adoption which is necessary to issue a new birth
12 certificate for the adoptee and a request that a new
13 certificate be issued unless the court, the adoptive parent
14 or an adoptee who has attained 12 years of age requests that
15 a new certificate not be issued.
16 (3) The file number of the decree of adoption and the
17 date on which the decree became final.
18 (b) Notification of modification to vital records.--Within
19 30 days after a decree of adoption is amended or vacated, the
20 clerk of the court shall prepare a report of that action on a
21 form furnished by the registrar and shall certify and send the
22 report to the registrar. The report shall include information
23 necessary to identify the original report of adoption and shall
24 also include information necessary to amend or withdraw any new
25 birth certificate that was issued under the original report of
26 adoption.
27 § 2382. Issuance of new birth certificate.
28 (a) Condition precedent to issuance.--Except as otherwise
29 provided in subsection (d), upon receipt of a report of adoption
30 prepared under section 2381 (relating to report of adoption), a
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1 report of adoption prepared in accordance with the law of
2 another state or country, a certified copy of a decree of
3 adoption together with information necessary to identify the
4 adoptee's original birth certificate and to issue a new
5 certificate or a report of an amended adoption, the registrar
6 shall:
7 (1) Issue a new birth certificate for an adoptee born in
8 this Commonwealth and furnish a certified copy of the new
9 certificate to the adoptive parent and to an adoptee who has
10 attained 12 years of age.
11 (2) Forward a certified copy of a report of adoption for
12 an adoptee born in another state to the registrar of the
13 state of birth.
14 (3) Issue a certificate of foreign birth for an adoptee
15 adopted in this Commonwealth and who was born outside the
16 United States and was not a citizen of the United States at
17 the time of birth and furnish a certified copy of the
18 certificate to the adoptive parent and to an adoptee who has
19 attained 12 years of age.
20 (4) Notify an adoptive parent of the procedure for
21 obtaining a revised birth certificate through the United
22 States Department of State for an adoptee born outside the
23 United States who was a citizen of the United States at the
24 time of birth.
25 (5) In the case of an amended decree of adoption, issue
26 an amended birth certificate according to the procedure in
27 paragraph (1) or (3) or follow the procedure in paragraph (2)
28 or (4).
29 (b) Contents of birth certificate issued after an
30 adoption.--Unless otherwise specified by the court, a new birth
19990H0654B0692 - 78 -
1 certificate issued under subsection (a)(1) or (3) or an amended
2 certificate issued under subsection (a)(5) shall include the
3 date and place of birth of the adoptee, substitute the name of
4 the adoptive parent for the name of the individual listed as the
5 adoptee's parent on the original birth certificate and contain
6 any other information prescribed by law.
7 (c) New birth certificate to replace original.--The
8 registrar shall substitute the new or amended birth certificate
9 for the original birth certificate in the registrar's files.
10 (d) Sealing the original birth certificate.--The original
11 certificate and all copies of the certificate in the files of
12 the registrar or any other custodian of vital records in the
13 state shall be sealed and are not subject to inspection until 99
14 years after the adoptee's date of birth but may be inspected as
15 provided in this part.
16 (e) Restrictions on issuing replacement birth certificate.--
17 If the court, the adoptive parent or an adoptee who has attained
18 12 years of age requests that a new or amended birth certificate
19 not be issued, the registrar may not issue a new or amended
20 birth certificate for an adoptee under subsection (a), but shall
21 forward a certified copy of the report of adoption or of an
22 amended decree of adoption for an adoptee who was born in
23 another state to the appropriate office in the adoptee's state
24 of birth.
25 (f) Restoration of original birth certificate.--Upon receipt
26 of a report that an adoption has been vacated, the registrar
27 shall:
28 (1) Restore the original birth certificate for an
29 individual born in this Commonwealth to its place in the
30 files, seal any new or amended birth certificate issued under
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1 subsection (a) and not allow inspection of a sealed birth
2 certificate except upon court order or as otherwise provided
3 in this part.
4 (2) Forward the report with respect to an individual
5 born in another state to the appropriate office in the state
6 of birth.
7 (3) Notify the individual who is granted legal custody
8 of a former adoptee after an adoption is vacated of the
9 procedure for obtaining an original birth certificate through
10 the United States Department of State for a former adoptee
11 born outside the United States who was a citizen of the
12 United States at the time of birth.
13 (g) Authorization to furnish birth parent with original
14 birth certificate.--Upon request by an individual who was listed
15 as a parent on a child's original birth certificate and who
16 furnishes appropriate proof of the individual's identity, the
17 registrar shall give the individual a noncertified copy of the
18 original birth certificate.
19 CHAPTER 24
20 ADOPTION OF MINOR STEPCHILD BY STEPPARENT
21 Sec
22 2401. Standing to adopt minor stepchild.
23 2402. Legal consequences of adoption of stepchild.
24 2403. Consent to adoption.
25 2404. Content of consent by stepparent's spouse.
26 2405. Content of consent by minor's other parent.
27 2406. Content of consent by other persons.
28 2407. Petition to adopt.
29 2408. Required documents.
30 2409. Notice of pendency of proceeding.
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1 2410. Evaluation of stepparent.
2 2411. Dispositional hearing; decree of adoption.
3 2412. Visitation agreement and order.
4 2413. Other provisions applicable to adoption of stepchild.
5 § 2401. Standing to adopt minor stepchild.
6 (a) Conditions.--An individual has standing under this
7 chapter to petition to adopt a minor stepchild who is the child
8 of the individual's spouse if:
9 (1) The spouse has sole legal and physical custody of
10 the child and the child has been in the physical custody of
11 the spouse and the stepparent during the 60 days next
12 preceding the filing of a petition for adoption.
13 (2) The spouse has joint legal custody of the child with
14 the child's other parent and the child has resided primarily
15 with the spouse and the stepparent during the 12 months next
16 preceding the filing of the petition.
17 (3) The spouse is deceased or mentally incompetent, but
18 before dying or being judicially declared mentally
19 incompetent had legal and physical custody of the child, and
20 the child has resided primarily with the stepparent during
21 the 12 months next preceding the filing of the petition.
22 (4) An agency placed the minor stepchild with the
23 stepparent under section 2203 (relating to placement for
24 adoption by agency).
25 (5) For good cause shown, a court allows an individual
26 who does not meet the requirements of subsection (a)(1)
27 through (4) but has the consent of the custodial parent of a
28 minor to file a petition for adoption under this part.
29 (b) Termination of noncustodial parent's rights.--A petition
30 for adoption by a stepparent may be joined with a petition under
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1 Subchapter E of Chapter 23 (relating to petition to terminate
2 relationship between parent and child) to terminate the parental
3 relationship between the minor adoptee and the adoptee's parent
4 who is not the stepparent's spouse.
5 § 2402. Legal consequences of adoption of stepchild.
6 (a) Effect of adoption.--Except as otherwise provided in
7 subsections (b) and (c), the legal consequences of an adoption
8 of a stepchild by a stepparent are the same as under sections
9 2105 (relating to name of adoptee after adoption) through 2108
10 (relating to other rights of adoptee).
11 (b) What adoption by stepparent does not effect.--An
12 adoption by a stepparent does not affect:
13 (1) The relationship between the adoptee and the
14 adoptee's parent who is the adoptive stepparent's spouse or
15 deceased spouse.
16 (2) An existing court order for visitation or
17 communication with a minor adoptee by an individual related
18 to the adoptee through the parent who is the adoptive
19 stepparent's spouse or deceased spouse.
20 (3) The right of the adoptee or a descendant of the
21 adoptee to inheritance or intestate succession through or
22 from the adoptee's former parent and the right to be treated
23 as a child, heir or issue of the former parent for the
24 purpose of construing a donative disposition in an
25 instrument, whether executed before or after the adoption,
26 unless otherwise provided in the instrument.
27 (c) Decree does not terminate certain preexisting order.--In
28 an adoption by a stepparent, the decree of adoption does not
29 terminate an order described in subsection (b)(2) or a court
30 order or agreement for visitation or communication with a minor
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1 adoptee approved by the court under section 2412 (relating to
2 visitation agreement and order), but failure to comply with an
3 agreement or order is not a ground for challenging the validity
4 of the adoption.
5 § 2403. Consent to adoption.
6 Unless consent is not required under section 2272 (relating
7 to persons whose consent not required), a petition to adopt a
8 minor stepchild may be granted only if consent to the adoption
9 has been executed by a stepchild who has attained 12 years of
10 age and:
11 (1) the minor's parents as described in section 2271
12 (relating to persons whose consent required);
13 (2) the minor's guardian if expressly authorized by a
14 court to consent to the minor's adoption; or
15 (3) an agency that placed the minor for adoption by the
16 stepparent.
17 § 2404. Content of consent by stepparent's spouse.
18 (a) Execution of custodial parent's consent.--A consent
19 executed by a parent who is the stepparent's spouse shall be
20 signed or confirmed in the presence of an individual specified
21 in section 2275 (relating to procedure for execution of consent
22 or relinquishment) or an individual authorized to take
23 acknowledgments.
24 (b) Contents of custodial parent's consent.--A consent under
25 subsection (a) shall be in writing, shall contain the required
26 statements described in section 2276(a)(1) through (3) and
27 (d)(3) through (6) (relating to content of consent or
28 relinquishment), may contain the optional statements described
29 in section 2276(f) and shall state the following:
30 (1) The parent executing the consent has legal and
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1 physical custody of the parent's minor child and voluntarily
2 and unequivocally consents to the adoption of the minor by
3 the stepparent.
4 (2) The adoption will not terminate the parental
5 relationship between the parent executing the consent and the
6 minor child.
7 (3) The parent executing the consent understands and
8 agrees that the adoption will terminate the parental
9 relationship between the minor and the minor's other parent
10 and will terminate any existing court order for custody,
11 visitation or communication with the minor but:
12 (i) the minor and any descendant of the minor will
13 retain the opportunity to inherit from or through the
14 other parent;
15 (ii) a court order for visitation or communication
16 with the minor by an individual related to the minor
17 through the parent executing the consent, or an agreement
18 or order concerning another individual which is approved
19 by the court under section 2412 (relating to visitation
20 agreement and order) survives the decree of adoption, but
21 failure to comply with the terms of the order or
22 agreement is not a ground for revoking or setting aside
23 the consent or the adoption; and
24 (iii) the other parent remains liable for arrearages
25 of child support unless released from the obligation by
26 the parent executing the consent and by a governmental
27 entity providing public assistance to the minor.
28 (c) Notification to noncustodial parent nonwaivable.--The
29 consent may not waive further notice of the proceeding for
30 adoption of the minor by the stepparent.
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1 § 2405. Content of consent by minor's other parent.
2 (a) Execution of noncustodial parent's consent.--A consent
3 executed by a minor's parent who is not the stepparent's spouse
4 shall be signed or confirmed in the presence of an individual
5 specified in section 2275 (relating to procedure for execution
6 of consent or relinquishment).
7 (b) Contents of noncustodial parent's consent.--A consent
8 under subsection (a) shall be in writing, shall contain the
9 required statements described in section 2276(a)(1) through (3)
10 and (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 voluntarily and
14 unequivocally consents to the adoption of the minor by the
15 stepparent and the transfer to the minor's other parent and
16 the adoptive stepparent of any right the parent executing the
17 consent has to legal or physical custody of the minor.
18 (2) The parent executing the consent understands and
19 agrees that the adoption will terminate his or her parental
20 relationship to the minor and will terminate any existing
21 court order for custody, visitation or communication with the
22 minor, but:
23 (i) the minor and any descendant of the minor will
24 retain the opportunity to inherit from or through the
25 parent executing the consent;
26 (ii) a court order for visitation or communication
27 with the minor by an individual related to the minor
28 through the minor's other parent, or an agreement or
29 order concerning another individual which is approved by
30 the court under section 2412 (relating to visitation
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1 agreement and order) survives the decree of adoption, but
2 failure to comply with the terms of the order or
3 agreement is not a ground for revoking or setting aside
4 the consent or the adoption; and
5 (iii) the parent executing the consent remains
6 liable for arrearages of child support unless released
7 from that obligation by the other parent and any guardian
8 ad litem of the minor and by a governmental entity
9 providing public assistance to the minor.
10 (3) The parent executing the consent has provided the
11 adoptive stepparent with the information required by section
12 2206 (relating to disclosure of information on background).
13 (c) Consent by noncustodial parent may waive notification.--
14 A consent under subsection (a) may waive notice of the
15 proceeding for adoption of the minor by the stepparent, unless
16 the adoption is contested, appealed or denied.
17 § 2406. Content of consent by other persons.
18 (a) Execution of guardian's consent.--A consent executed by
19 the guardian of a minor stepchild or by an agency shall be in
20 writing and signed or confirmed in the presence of the court or
21 in a manner the court directs, and:
22 (1) shall state the circumstances under which the
23 guardian or agency obtained the authority to consent to the
24 adoption of the minor by a stepparent;
25 (2) shall contain the statements required by sections
26 2404 (relating to content of consent by stepparent's spouse)
27 and 2405 (relating to content of consent by minor's other
28 parent), except for any that can be made only by a parent of
29 the minor; and
30 (3) may waive notice of the proceeding for adoption
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1 unless the adoption is contested, appealed or denied.
2 (b) Execution of minor's consent.--A consent executed by a
3 minor stepchild in a proceeding for adoption by a stepparent
4 shall be signed or confirmed in the presence of the court or in
5 a manner the court directs.
6 § 2407. Petition to adopt.
7 (a) Information to be set forth.--A petition by a stepparent
8 to adopt a minor stepchild shall be signed and verified by the
9 petitioner and contain the following information or state why
10 any of the information is not contained in the petition:
11 (1) The information required by section 2334(a)(1), (3),
12 (5) and (8) through (12) and (b) (relating to content of
13 petition).
14 (2) The current marital status of the petitioner,
15 including the date and place of marriage, the name and date
16 and place of birth of the petitioner's spouse and, if the
17 spouse is deceased, the date, place and cause of death and,
18 if the spouse is incompetent, the date on which a court
19 declared the spouse incompetent.
20 (3) The length of time the minor has been residing with
21 the petitioner and the petitioner's spouse and, if the minor
22 is not in the physical custody of the petitioner and the
23 petitioner's spouse, the reason why they do not have custody
24 and when they intend to obtain custody.
25 (4) The length of time the petitioner's spouse or the
26 petitioner has had legal custody of the minor and the
27 circumstances under which legal custody was obtained.
28 § 2408. Required documents.
29 (a) Subsequent to petition.--After a petition to adopt a
30 minor stepchild is filed, the following shall be filed in the
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1 proceeding:
2 (1) Any item required by section 2335(a) (relating to
3 required documents) which is relevant to an adoption by a
4 stepparent.
5 (2) A copy of any agreement to waive arrearage of child
6 support.
7 (b) Explanation of unavailable documents.--If any of the
8 items required by subsection (a) is not available, the person
9 responsible for furnishing the item shall file an affidavit
10 explaining its absence.
11 § 2409. Notice of pendency of proceeding.
12 (a) Who shall be served.--Within 30 days after a petition to
13 adopt a minor stepchild is filed, the petitioner shall serve
14 notice of the proceeding upon:
15 (1) The petitioner's spouse.
16 (2) Any other person whose consent to the adoption is
17 required under this chapter, except a person who has waived
18 notice or whose parental relationship to the minor or status
19 as a guardian has been terminated.
20 (3) Any person described in section 2341(a)(3), (4) and
21 (6) and (b) (relating to service of notice).
22 (4) The parents of the minor's parent whose parental
23 relationship will be terminated by the adoption unless the
24 identity or the whereabouts of those parents are unknown.
25 § 2410. Evaluation of stepparent.
26 (a) Person qualified to conduct evaluation.--After a
27 petition for adoption of a minor stepchild is filed, the court
28 may order that an evaluation be made by an individual qualified
29 under section 2232 (relating to preplacement evaluator) to
30 assist the court in determining whether the proposed adoption is
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1 in the best interest of the minor.
2 (b) Documents relevant to evaluation.--The court shall
3 provide an evaluator with copies of the petition for adoption
4 and of the items filed with the petition.
5 (c) Personal interview with petitioner and adoptee.--Unless
6 otherwise directed by the court, an evaluator shall base the
7 evaluation on a personal interview with the petitioner and the
8 petitioner's spouse in the petitioner's residence, observation
9 of the relationship between the minor and the petitioner, any
10 personal interview of others who know the petitioner and any
11 information received under subsection (d).
12 (d) Written report of evaluation.--An evaluation under this
13 section shall be in writing and contain the following:
14 (1) The information required by section 2233(d) and (e)
15 (relating to timing and content of preplacement evaluation).
16 (2) The information required by section 2362(b)(2)
17 through (5) (relating to content of evaluation).
18 (3) The finding required by section 2362(b)(6).
19 (e) Sixty-day limitation.--An evaluator shall complete an
20 evaluation and file it with the court within 60 days after being
21 asked for the evaluation under this section unless the court
22 allows a later filing.
23 (f) Immediate filing and notice requirements.--Section
24 2363(b) and (c) (relating to time and filing of evaluation)
25 apply to an evaluation under this section.
26 § 2411. Dispositional hearing; decree of adoption.
27 Sections 2371 (relating to time for hearing on petition)
28 through 2377 (relating to challenges to decree) apply to a
29 proceeding for adoption of a minor stepchild by a stepparent,
30 but the court may waive the requirements of section 2372
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1 (relating to disclosure of fees and charges).
2 § 2412. Visitation agreement and order.
3 (a) Petition to review contingent visitation agreement.--
4 Upon the request of the petitioner in a proceeding for adoption
5 of a minor stepchild, the court shall review a written agreement
6 that permits another individual to visit or communicate with the
7 minor after the decree of adoption becomes final, which must be
8 signed by the individual, the petitioner, the petitioner's
9 spouse, the minor if 12 years of age or older and, if an agency
10 placed the minor for adoption, an authorized employee of this
11 agency.
12 (b) Basis for approval of visitation agreement.--The court
13 may enter an order approving the agreement only upon determining
14 that the agreement is in the best interest of the minor adoptee.
15 In making this determination, the court shall consider:
16 (1) The preference of the minor, if the minor is mature
17 enough to express a preference.
18 (2) Any special needs of the minor and how they would be
19 affected by performance of the agreement.
20 (3) The length and quality of any existing relationship
21 between the minor and the individual who would be entitled to
22 visit or communicate and the likely effect on the minor of
23 allowing this relationship to continue.
24 (4) The specific terms of the agreement and the
25 likelihood that the parties to the agreement will cooperate
26 in performing its terms.
27 (5) The recommendation of the minor's guardian ad litem,
28 lawyer, social worker or other counselor.
29 (6) Any other factor relevant to the best interest of
30 the minor.
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1 (c) Basis for order of visitation.--In addition to any
2 agreement approved under subsections (a) and (b), the court may
3 approve the continuation of an existing order or issue a new
4 order permitting the minor adoptee's former parent, grandparent
5 or sibling to visit or communicate with the minor if it finds
6 all of the following:
7 (1) The grandparent is the parent of a deceased parent
8 of the minor or the parent of the adoptee's parent whose
9 parental relationship to the minor is terminated by the
10 decree of adoption.
11 (2) The former parent, grandparent or sibling requests
12 that an existing order be permitted to survive the decree of
13 adoption or that a new order be issued.
14 (3) The court determines that the requested visitation
15 or communication is in the best interest of the minor.
16 (d) Best interests of minor considerations.--In making a
17 determination under subsection (c)(3), the court shall consider
18 the factors listed in subsection (b) and any objections to the
19 requested order by the adoptive stepparent and the stepparent's
20 spouse.
21 (e) Enforceability.--An order issued under this section may
22 be enforced in a civil action only if the court finds that
23 enforcement is in the best interest of a minor adoptee.
24 (f) Modifications.--An order issued under this section may
25 not be modified unless the court finds that modification is in
26 the best interest of a minor adoptee and also finds one of the
27 following:
28 (1) The individuals subject to the order request the
29 modification.
30 (2) Exceptional circumstances arising since the order
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1 was issued justify the modification.
2 (g) Immutable nature of valid adoption.--Failure to comply
3 with the terms of an order approved under this section or with
4 any other agreement for visitation or communication is not a
5 ground for revoking, setting aside or otherwise challenging the
6 validity of any consent, relinquishment or adoption pertaining
7 to a minor stepchild, and the validity of the consent,
8 relinquishment and adoption are not affected by any later action
9 to enforce, modify or set aside the order or agreement.
10 § 2413. Other provisions applicable to adoption of stepchild.
11 Except as otherwise provided by this chapter, Chapter 23
12 (relating to general procedure for adoption) applies to an
13 adoption of a minor stepchild by a stepparent.
14 CHAPTER 25
15 ADOPTION OF ADULTS AND EMANCIPATED MINORS
16 Sec.
17 2501. Who may adopt adult or emancipated minor.
18 2502. Legal consequences of adoption.
19 2503. Consent to adoption.
20 2504. Jurisdiction and venue.
21 2505. Petition for adoption.
22 2506. Notice and time of hearing.
23 2507. Dispositional hearing.
24 2508. Decree of adoption.
25 § 2501. Who may adopt adult or emancipated minor.
26 (a) General rule.--An adult may adopt another adult or an
27 emancipated minor under this chapter, but:
28 (1) An adult may not adopt his or her spouse.
29 (2) An incompetent individual of any age may be adopted
30 only under Chapters 22 (relating to adoption of minors), 23
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1 (relating to general procedure for adoption) and 24 (relating
2 to adoption of minor stepchild by stepparent).
3 (b) Limitation.--An individual who has adopted an adult or
4 emancipated minor may not adopt another adult or emancipated
5 minor within one year after the adoption unless the prospective
6 adoptee is a sibling of the existing adoptee.
7 § 2502. Legal consequences of adoption.
8 The legal consequences of an adoption of an adult or
9 emancipated minor are the same as under sections 2105 (relating
10 to name of adoptee after adoption) through 2108 (relating to
11 other rights of adoptee), but the legal consequences of adoption
12 of an adult stepchild by an adult stepparent are the same as
13 under section 2402 (relating to legal consequences of adoption
14 of stepchild).
15 § 2503. Consent to adoption.
16 (a) Persons required to consent.--Consent to the adoption of
17 an adult or emancipated minor is required only of the following
18 persons:
19 (1) The adoptee.
20 (2) The prospective adoptive parent.
21 (3) The spouse of the prospective adoptive parent unless
22 they are legally separated or the court finds that the spouse
23 is not capable of giving consent or is withholding consent
24 contrary to the best interest of the adoptee and the
25 prospective adoptive parent.
26 (b) Form of consent.--The consent of the adoptee and the
27 prospective adoptive parent shall:
28 (1) Be in writing and be signed or confirmed by each of
29 them in the presence of the court or an individual authorized
30 to take acknowledgments.
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1 (2) State that they agree to assume toward each other
2 the legal relationship of parent and child and to have all of
3 the rights and be subject to all of the duties of that
4 relationship.
5 (3) State that they understand the consequences the
6 adoption may have for any right of inheritance, property or
7 support each has.
8 (c) Form of consent of spouse of adoptive parent, if any.--
9 The consent of the spouse of the prospective adoptive parent:
10 (1) Shall be in writing and be signed or confirmed in
11 the presence of the court or an individual authorized to take
12 acknowledgments.
13 (2) Shall state that the spouse:
14 (i) consents to the proposed adoption; and
15 (ii) understands the consequences the adoption may
16 have for any right of inheritance, property or support
17 the spouse has.
18 (3) May waive notice of the adoption proceeding.
19 § 2504. Jurisdiction and venue.
20 (a) Residency of petition.--The court has jurisdiction over
21 a proceeding for the adoption of an adult or emancipated minor
22 under this chapter if a petitioner lived in this Commonwealth
23 for at least 90 days immediately preceding the filing of a
24 petition for adoption.
25 (b) County venue.--A petition for adoption may be filed in
26 the court in the county in which a petitioner lives.
27 § 2505. Petition for adoption.
28 (a) Joint filing.--A prospective adoptive parent and an
29 adoptee under this chapter shall jointly file a petition for
30 adoption.
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1 (b) Contents.--The petition shall be signed and verified by
2 each petitioner and shall state:
3 (1) The full name, age and place and duration of
4 residence of each petitioner.
5 (2) The current marital status of each petitioner,
6 including the date and place of marriage, if married.
7 (3) The full name by which the adoptee is to be known if
8 the petition is granted.
9 (4) The duration and nature of the relationship between
10 the prospective adoptive parent and the adoptee.
11 (5) That the prospective adoptive parent and the adoptee
12 desire to assume the legal relationship of parent and child
13 and to have all of the rights and be subject to all of the
14 duties of that relationship.
15 (6) That the adoptee understands that a consequence of
16 the adoption will be to terminate the adoptee's relationship
17 as the child of an existing parent, but, if the adoptive
18 parent is the adoptee's stepparent, the adoption will not
19 affect the adoptee's relationship with a parent who is the
20 stepparent's spouse, but will terminate the adoptee's
21 relationship to the adoptee's other parent, except for the
22 right to inherit from or through that parent.
23 (7) The name and last known address of any other
24 individual whose consent is required.
25 (8) The name, age and last known address of any child of
26 the prospective adoptive parent, including a child previously
27 adopted by the prospective adoptive parent or his or her
28 spouse, and the date and place of the adoption.
29 (9) The name, age and last known address of any living
30 parent or child of the adoptee.
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1 (b) Additional documentation.--The petitioners shall attach
2 to the petition:
3 (1) A certified copy of the birth certificate or other
4 evidence of the date and place of birth of the adoptee and
5 the prospective adoptive parent, if available.
6 (2) Any required consent that has been executed.
7 § 2506. Notice and time of hearing.
8 (a) Notice requirements.--Within 30 days after a petition
9 for adoption is filed, the petitioners shall serve notice of
10 hearing the petition upon any individual whose consent to the
11 adoption is required under section 2503 (relating to consent to
12 adoption), and who has not waived notice, by sending a copy of
13 the petition and notice of hearing to the individual at the
14 address stated in the petition, or according to the manner of
15 service provided in section 2343 (relating to manner and effect
16 of service).
17 (b) Hearing.--The court shall set a date and time for
18 hearing the petition, which shall be at least 30 days after the
19 notice is served.
20 § 2507. Dispositional hearing.
21 (a) Personal appearance of petitioners.--Both petitioners
22 shall appear in person at the hearing unless an appearance is
23 excused for good cause shown. In that event an appearance may be
24 made for either or both of them by a lawyer authorized in
25 writing to make the appearance, or a hearing may be conducted by
26 telephone or other electronic medium.
27 (b) Determinations to be made by court.--The court shall
28 examine the petitioners or the lawyer for a petitioner not
29 present in person and shall grant the petition for adoption if
30 it determines that:
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1 (1) At least 30 days have elapsed since the service of
2 notice of hearing the petition for adoption.
3 (2) Notice has been served or dispensed with as to any
4 person whose consent is required under section 2503 (relating
5 to consent to adoption).
6 (3) Every necessary consent, waiver, document or
7 judicial order has been obtained and filed with the court.
8 (4) The adoption is for the purpose of creating the
9 relationship of parent and child between the petitioners and
10 the petitioners understand the consequences of the
11 relationship.
12 (5) There has been substantial compliance with this
13 part.
14 § 2508. Decree of adoption.
15 (a) Form and effect.--A decree of adoption issued under this
16 chapter shall conform to the relevant requirements of section
17 2375 (relating to decree of adoption) and appeals from a decree
18 or challenges to it are governed by sections 2376 (relating to
19 finality of decree) and 2377 (relating to challenges to decree).
20 (b) Court to provide copies of decree.--The court shall send
21 a copy of the decree to each individual named in the petition at
22 the address stated in the petition.
23 (c) Birth records.--Within 30 days after a decree of
24 adoption becomes final, the clerk of the court shall prepare a
25 report of the adoption for the registrar, and, if the
26 petitioners have requested it, the report shall instruct the
27 registrar to issue a new birth certificate to the adoptee as
28 provided in Subchapter H of Chapter 23 (relating to birth
29 certificate).
30 CHAPTER 26
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1 RECORDS OF ADOPTION PROCEEDING: RETENTION,
2 CONFIDENTIALITY AND ACCESS
3 Sec.
4 2601. Definitions.
5 2602. Records confidential, court records sealed.
6 2603. Release of nonidentifying information.
7 2604. Release of identifying information.
8 2605. Action for release of information.
9 2606. Statewide registry.
10 2607. Release of original birth certificate.
11 2608. Certificate of adoption.
12 2609. Disclosure authorized in course of employment.
13 2610. Fee for services.
14 § 2601. Definitions.
15 The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 "Records." Includes all documents, exhibits and data
19 pertaining to an adoption.
20 § 2602. Records confidential, court records sealed.
21 (a) How to inspect records.--All records, whether on file
22 with court or in the possession of an agency, the registrar, a
23 lawyer or other provider of professional services in connection
24 with an adoption, are confidential and may not be inspected
25 except as provided in this part.
26 (b) Court order required.--During a proceeding for adoption,
27 records are not open to inspection except as directed by the
28 court.
29 (c) Notice to vital records.--Within 30 days after a decree
30 of adoption becomes final, the clerk of the court shall send to
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1 the registrar, in addition to the report of adoption required by
2 section 2381 (relating to report of adoption), a certified copy
3 of any document signed under section 2274(e) (relating to time
4 for execution of consent or relinquishment) and filed in the
5 proceeding for adoption.
6 (d) Ninety-nine year rule.--All records on file with the
7 court shall be retained permanently and sealed for 99 years
8 after the date of the adoptee's birth. Sealed records and
9 indices of the records are not open to inspection by any person
10 except as provided in this part.
11 (e) Supplemental information.--Any additional information
12 about an adoptee, the adoptee's former parents and the adoptee's
13 genetic history that is submitted to the court within the 99-
14 year period shall be added to the sealed records of the court.
15 Any additional information that is submitted to an agency,
16 lawyer or other professional provider of services within the 99-
17 year period shall be kept confidential.
18 § 2603. Release of nonidentifying information.
19 (a) Request for release of nonidentifying data.--An adoptive
20 parent or guardian of an adoptee, an adoptee who has attained 18
21 years of age, an emancipated adoptee, a deceased adoptee's
22 direct descendant who has attained 18 years of age or the parent
23 or guardian of a direct descendant who has not attained 18 years
24 of age may request the court that granted the adoption or the
25 agency that placed the adoptee for adoption to furnish the
26 nonidentifying information about the adoptee, the adoptee's
27 former parents and the adoptee's genetic history that has been
28 retained by the court or agency, including the information
29 required by section 2206 (relating to disclosure of information
30 on background).
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1 (b) Data to be provided in summary form.--The court or
2 agency shall furnish the individual who makes the request with a
3 detailed summary of any relevant report or information that is
4 included in the sealed records of the court or the confidential
5 records of the agency. The summary shall exclude identifying
6 information concerning an individual who has not filed a waiver
7 of confidentiality with the court or agency. The department or
8 the court shall prescribe forms and a procedure for summarizing
9 any report or information released under this section.
10 (c) Denial of request.--An individual who is denied access
11 to nonidentifying information to which the individual is
12 entitled under this chapter or section 2206 may petition the
13 court for relief.
14 (d) Notification to adoptee of new health data.--If a court
15 receives a certified statement from a physician explaining in
16 detail how a health condition may seriously affect the health of
17 the adoptee or a direct descendant of the adoptee, the court
18 shall make a diligent effort to notify an adoptee who has
19 attained 18 years of age, an adoptive parent of an adoptee who
20 has not attained 18 years of age or a direct descendant of a
21 deceased adoptee that the nonidentifying information is
22 available and may be requested from the court.
23 (e) Notification to biological family of new health data.--
24 If a court receives a certified statement from a physician
25 explaining in detail why a serious health condition of the
26 adoptee or a direct descendant of the adoptee should be
27 communicated to the adoptee's genetic parent or sibling to
28 enable them to make an informed reproductive decision, the court
29 shall make a diligent effort to notify those individuals that
30 the nonidentifying information is available and may be requested
19990H0654B0692 - 100 -
1 from the court.
2 (f) Additional information.--If the registrar receives a
3 request or any additional information from an individual under
4 this section, the registrar shall give the individual the name
5 and address of the court or agency having the records and, if
6 the court or agency is in another state, shall assist the
7 individual in locating the court or agency. The registrar shall
8 prescribe a reasonable procedure for verifying the identity, age
9 or other relevant characteristics of an individual who requests
10 or furnishes information under this section.
11 § 2604. Release of identifying information.
12 (a) General rule prohibits release of identifying
13 information.--Except as otherwise provided in this chapter,
14 identifying information about an adoptee's former parent, an
15 adoptee or an adoptive parent which is contained in records,
16 including original birth certificates, required by this part to
17 be confidential or sealed may not be released to any person.
18 (b) Grounds for releasing identifying information of former
19 parent.--Identifying information about an adoptee's former
20 parent shall be released by the registrar to an adoptee who has
21 attained 18 years of age, an adoptive parent of an adoptee who
22 has not attained 18 years of age, a deceased adoptee's direct
23 descendant who has attained 18 years of age or the parent or
24 guardian of a direct descendant who has not attained 18 years of
25 age if one of these individuals requests the information and:
26 (1) the adoptee's former parent or, if the former parent
27 is deceased or has been judicially declared incompetent, an
28 adult descendant of the former parent, authorizes the release
29 of his or her name, date of birth, last known address or
30 other identifying information, either in a document signed
19990H0654B0692 - 101 -
1 under section 2274(e) (relating to time for execution of
2 consent or relinquishment) and filed in the proceeding for
3 adoption or in another signed document filed with the court,
4 an agency or the registrar; or
5 (2) the adoptee's former parent authorizes the release
6 of the requested information only if the adoptee, adoptive
7 parent or direct descendant agrees to release similar
8 identifying information about the adoptee, adoptive parent or
9 direct descendant and this individual authorizes the release
10 of the information in a signed document kept by the court, an
11 agency or the registrar.
12 (c) Grounds for releasing identifying information of
13 adoptee.--Identifying information about an adoptee or a deceased
14 adoptee's direct descendant must be released by the registrar to
15 an adoptee's former parent if that individual requests the
16 information and:
17 (1) an adoptee who has attained 18 years of age, an
18 adoptive parent of an adoptee who has not attained 18 years
19 of age, a deceased adoptee's direct descendant who has
20 attained 18 years of age or the parent or guardian of a
21 direct descendant who has not attained 18 years of age
22 authorizes the release of the requested information in the
23 manner described in subsection (b)(2); or
24 (2) one of those individuals authorizes the release of
25 the requested information only if the adoptee's former parent
26 agrees to release similar information about himself or
27 herself, and the former parent authorizes the release of the
28 information in the manner described in subsection (b)(1).
29 (d) Adult sibling 15 years of age.--Identifying information
30 about an adult sibling of an adoptee who has attained 18 years
19990H0654B0692 - 102 -
1 of age must be disclosed by the registrar to an adoptee if the
2 sibling is also an adoptee and both the sibling and the adoptee
3 authorize the disclosure. This subsection does not permit
4 disclosure of a former parent's identity unless that parent has
5 authorized disclosure under this part.
6 § 2605. Action for release of information.
7 (a) Petition to be filed.--To obtain information not
8 otherwise available under section 2603 (relating to release of
9 nonidentifying information) or 2604 (relating to release of
10 identifying information), an adoptee who has attained 18 years
11 of age, an adoptee who has not attained 18 years of age and has
12 the permission of an adoptive parent, an adoptive parent of an
13 adoptee who has not attained 18 years of age, a deceased
14 adoptee's direct descendant who has attained 18 years of age,
15 the parent or guardian of a direct descendant who has not
16 attained 18 years of age or an adoptee's former parent may file
17 a petition in the court to obtain information about another
18 individual described in this section which is contained in
19 records, including original birth certificates, required by this
20 part to be confidential or sealed.
21 (b) Contents.--In determining whether to grant a petition
22 under this section, the court shall review the sealed records of
23 the relevant proceeding for adoption and shall make specific
24 findings concerning:
25 (1) The reason the information is sought.
26 (2) Whether the individual about whom information is
27 sought has filed a signed document described in section
28 2274(e) (relating to time for execution of consent or
29 relinquishment) or 2604 (relating to release of identifying
30 information) requesting that his or her identity not be
19990H0654B0692 - 103 -
1 disclosed or has not filed any document.
2 (3) Whether the individual about whom information is
3 sought is alive.
4 (4) Whether it is possible to satisfy the petitioner's
5 request without disclosing the identity of another
6 individual.
7 (5) The likely effect of disclosure on the adoptee, the
8 adoptive parents, the adoptee's former parents and other
9 members of the adoptee's original and adoptive families.
10 (6) The age, maturity and expressed needs of the
11 adoptee.
12 (c) Grounds for court to order release of information.--The
13 court may order the release of the requested information only
14 upon determination that good cause exists for the release based
15 on the findings required by subsection (b) and a conclusion
16 that:
17 (1) there is a compelling reason for release of the
18 information; and
19 (2) the benefit to the petitioner will be greater than
20 the harm to any other individual of releasing the
21 information.
22 § 2606. Statewide registry.
23 The registrar shall:
24 (1) Establish a Statewide confidential registry for
25 receiving, filing and retaining documents requesting,
26 authorizing or not authorizing the release of identifying
27 information.
28 (2) Prescribe and distribute forms or documents on which
29 an individual may request, authorize or refuse to authorize
30 the release of identifying information.
19990H0654B0692 - 104 -
1 (3) Devise a procedure for releasing identifying
2 information in the registrar's possession upon receipt of an
3 appropriate request and authorization.
4 (4) Cooperate with registries in other states to
5 facilitate the matching of documents filed under this chapter
6 by individuals in different states.
7 (5) Announce and publicize to the general public the
8 existence of the registry and the procedure for the
9 consensual release of identifying information.
10 § 2607. Release of original birth certificate.
11 (a) Original parents shall consent to disclosure.--In
12 addition to any copy of an adoptee's original birth certificate
13 authorized for release by a court order issued under section
14 2605 (relating to action for release of information), the
15 registrar shall furnish a copy of the original birth certificate
16 upon the request of an adoptee who has attained 18 years of age,
17 the direct descendant of a deceased adoptee or an adoptive
18 parent of an adoptee who has not attained 18 years of age, if
19 the individual who makes the request furnishes a consent to
20 disclosure signed by each individual who was named as a parent
21 on the adoptee's original birth certificate.
22 (b) Ninety-nine year rule.--When 99 years have elapsed after
23 the date of birth of an adoptee whose original birth certificate
24 is sealed under this part, the registrar shall unseal the
25 original certificate and file it with any new or amended
26 certificate that has been issued. The unsealed certificates
27 become public information in accordance with any statute or
28 regulation applicable to the retention and disclosure of records
29 by the registrar.
30 § 2608. Certificate of adoption.
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1 Upon the request of an adoptive parent or an adoptee who has
2 attained 18 years of age, the clerk of the court that entered a
3 decree of adoption shall issue a certificate of adoption which
4 states the date and place of adoption, the date of birth of the
5 adoptee, the name of each adoptive parent and the name of the
6 adoptee as provided in the decree.
7 § 2609. Disclosure authorized in course of employment.
8 This chapter does not preclude an employee or agent of a
9 court, agency or the registrar from:
10 (1) inspecting permanent, confidential or sealed records
11 for the purpose of discharging any obligation under this
12 part;
13 (2) disclosing the name of the court where a proceeding
14 for adoption occurred or the name of an agency that placed an
15 adoptee to an individual described in sections 2603 (relating
16 to release of nonidentifying information) through 2605
17 (relating to action for release of information), who can
18 verify his or her identity; or
19 (3) disclosing nonidentifying information contained in
20 confidential or sealed records in accordance with any other
21 applicable Federal or State law.
22 § 2610. Fee for services.
23 A court, an agency or the registrar may charge a reasonable
24 fee for services, including copying services, it performs under
25 this chapter.
26 CHAPTER 27
27 PROHIBITED AND PERMISSIBLE ACTIVITIES
28 IN CONNECTION WITH ADOPTION
29 Sec.
30 2701. Prohibited activities in placement.
19990H0654B0692 - 106 -
1 2702. Unlawful payments related to adoption.
2 2703. Lawful payments related to adoption.
3 2704. Charges by agency.
4 2705. Failure to disclose information.
5 2706. Unauthorized disclosure of information.
6 § 2701. Prohibited activities in placement.
7 (a) Restrictions on persons.--Except as provided in
8 Subchapter A of Chapter 22 (relating to placement of minor for
9 adoption):
10 (1) A person, other than a parent, guardian or agency as
11 specified in sections 2201 (relating to who may place minor
12 for adoption) through 2203 (relating to placement for
13 adoption by agency), may not place a minor for adoption or
14 advertise in any public medium that the person knows of a
15 minor who is available for adoption.
16 (2) A person, other than an agency or an individual with
17 a favorable preplacement evaluation, as required by sections
18 2201 through 2207 (relating to interstate placement) may not
19 solicit for a fee a potential adoptee.
20 (3) A person, other than an agency or an individual with
21 a favorable preplacement evaluation, as required by sections
22 2201 through 2207 may not advertise in any public medium that
23 the person is willing to accept a minor for adoption.
24 (4) An individual, other than a relative or stepparent
25 of a minor, who does not have a favorable preplacement
26 evaluation or a court-ordered waiver of the evaluation or who
27 has an unfavorable evaluation may not obtain legal or
28 physical custody of a minor for purposes of adoption.
29 (5) A person may not place or assist in placing a minor
30 for adoption with an individual, other than a relative or
19990H0654B0692 - 107 -
1 stepparent, if the person knows that the individual does not
2 have a favorable preplacement evaluation or a waiver under
3 section 2201.
4 (b) Civil penalty.--A person who violates subsection (a) is
5 liable for a civil penalty not to exceed $5,000 for the first
6 violation and not to exceed $10,000 for each succeeding
7 violation.
8 (c) Additional penalties.--The court may enjoin from further
9 violation any person who violates subsection (a) and shall refer
10 the person to an appropriate licensing authority for
11 disciplinary proceedings.
12 § 2702. Unlawful payments related to adoption.
13 (a) Restrictions on persons.--Except as provided in sections
14 2703 (relating to lawful payments related to adoption) and 2704
15 (relating to charges by agency), a person may not pay or give or
16 offer to pay or give to any other person or request, receive or
17 accept any money or anything of value, directly or indirectly,
18 for:
19 (1) the placement of a minor for adoption.
20 (2) the consent of a parent, a guardian or an agency to
21 the adoption of a minor; or
22 (3) the relinquishment of a minor to an agency for the
23 purpose of adoption.
24 (b) Civil penalty.--The following persons are liable for a
25 civil penalty not to exceed $5,000 for the first violation and
26 not to exceed $10,000 for each succeeding violation:
27 (1) A person who knowingly violates subsection (a).
28 (2) A person who knowingly makes a false report to the
29 court about a payment prohibited by this section or
30 authorized by section 2703 or 2704.
19990H0654B0692 - 108 -
1 (3) A parent or guardian who knowingly receives or
2 accepts a payment authorized by section 2703 or 2704 with the
3 intent not to consent to an adoption or to relinquish a minor
4 for adoption.
5 (c) Additional penalties.--The court may enjoin from further
6 violations any person described in subsection (b) and shall
7 refer the person to an appropriate licensing authority for
8 disciplinary proceedings.
9 § 2703. Lawful payments related to adoption.
10 (a) Restrictions on persons.--Subject to the requirements of
11 sections 2372 (relating to disclosure of fees and charges) and
12 2373 (relating to granting petition for adoption) for an
13 accounting and judicial approval of fees and charges related to
14 an adoption, an adoptive parent or a person acting on behalf of
15 an adoptive parent may pay for:
16 (1) The services of an agency in connection with an
17 adoption.
18 (2) Advertising and similar expenses incurred in
19 locating a minor for adoption.
20 (3) Medical, hospital, nursing, pharmaceutical,
21 traveling or other similar expenses incurred by a mother or
22 her minor child in connection with the birth or any illness
23 of the minor.
24 (4) Counseling services for a parent or a minor for a
25 reasonable time before and after the minor's placement for
26 adoption.
27 (5) Living expenses of a mother for a reasonable time
28 before the birth of her child and for no more than six weeks
29 after the birth.
30 (6) Expenses incurred in ascertaining the information
19990H0654B0692 - 109 -
1 required by section 2108 (relating to other rights of
2 adoptee).
3 (7) Legal services, court costs and traveling or other
4 administrative expenses connected with an adoption, including
5 any legal services performed for a parent who consents to the
6 adoption of a minor or relinquishes the minor to an agency.
7 (8) Expenses incurred in obtaining a preplacement
8 evaluation and an evaluation during the proceeding for
9 adoption.
10 (9) Any other service or expense the court finds is
11 reasonably necessary.
12 (b) Limitations on permissible payments and fees.--A parent
13 or a guardian, a person acting on the parent's or guardian's
14 behalf or a provider of a service listed in subsection (a) may
15 receive or accept a payment authorized by subsection (a). The
16 payment may not be made contingent on the placement of a minor
17 for adoption, relinquishment of the minor or to consent to the
18 adoption. If the adoption is not completed, a person who is
19 authorized to make a specific payment by subsection (a) is not
20 liable for that payment unless the person has agreed in a signed
21 writing with a provider of a service to make the payment
22 regardless of the outcome of the proceeding for adoption.
23 § 2704. Charges by agency.
24 Subject to the requirements of sections 2372 (relating to
25 disclosure of fees and charges) and 2373 (relating to granting
26 petition for adoption) for an accounting and judicial approval
27 of fees and charges related to an adoption, an agency may charge
28 or accept a fee or other compensation from a prospective
29 adoptive parent for:
30 (1) Medical, hospital, nursing, pharmaceutical,
19990H0654B0692 - 110 -
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 (2) A percentage of the annual cost the agency incurs in
5 locating and providing counseling services for minor
6 adoptees, parents and prospective parents.
7 (3) Living expenses of a mother for a reasonable time
8 before the birth of a child and for no more than six weeks
9 after the birth.
10 (4) Expenses incurred in ascertaining the information
11 required by section 2108 (relating to other rights of
12 adoptee).
13 (5) Legal services, court costs and traveling or other
14 administrative expenses connected with an adoption, including
15 the legal services performed for a parent who relinquishes a
16 minor child to the agency.
17 (6) Preparation of a preplacement evaluation and an
18 evaluation during the proceeding for adoption.
19 (7) Any other service or expense the court finds is
20 reasonably necessary.
21 § 2705. Failure to disclose information.
22 (a) Civil penalty.--A person, other than a parent, who has a
23 duty to furnish the nonidentifying information required by
24 section 2108 (relating to other rights of adoptee) or authorized
25 for release under Chapter 26 (relating to records of adoption
26 proceeding: retention, confidentiality and access) and who
27 intentionally refuses to provide the information is subject to a
28 civil penalty not to exceed $5,000 for the first violation and
29 not to exceed $10,000 for each succeeding violation. The court
30 may enjoin the person from further violations of the duty to
19990H0654B0692 - 111 -
1 furnish nonidentifying information.
2 (b) Criminal penalty for intentionally destroying records.--
3 An employee or agent of an agency, the court or the registrar
4 who intentionally destroys any information or report compiled
5 under section 2108 or authorized for release under Chapter 26
6 commits a misdemeanor of the second degree.
7 (c) Additional remedies.--In addition to the penalties
8 provided in subsections (a) and (b), an adoptive parent, an
9 adoptee or any person who is the subject of any information
10 required by section 2108 or authorized for release under Chapter
11 26 may maintain an action for damages or equitable relief
12 against a person who fails to perform the duties required by
13 section 2108 or Chapter 26.
14 (d) Criminal penalty for intentionally furnishing false
15 information.--A prospective adoptive parent who knowingly fails
16 to furnish information or knowingly furnishes false information
17 to an evaluator preparing an evaluation under Subchapter B of
18 Chapter 22 (relating to preplacement evaluation) or Subchapter F
19 of Chapter 23 (relating to evaluation of adoptee and prospective
20 adoptive parent), with the intent to deceive the evaluator,
21 commits a misdemeanor of the second degree.
22 (e) Criminal penalty for preparing false evaluation
23 report.--An evaluator who prepares an evaluation under
24 Subchapter B of Chapter 22 or Subchapter F of Chapter 23 and who
25 knowingly omits or misrepresents information about the
26 individual being evaluated with the intent to deceive a person
27 authorized under this part to place a minor for adoption commits
28 a misdemeanor of the second degree.
29 (f) Civil penalty.--A parent of a minor child who knowingly
30 withholds the name of the minor's other parent with an intent to
19990H0654B0692 - 112 -
1 deceive the other parent, an agency or a prospective adoptive
2 parent is subject to a civil penalty not to exceed $5,000.
3 § 2706. Unauthorized disclosure of information.
4 (a) General rule prohibiting disclosure.--Except as
5 authorized in this part, a person who furnishes or retains a
6 report or records under this part may not disclose any
7 identifying or nonidentifying information contained in the
8 report or records.
9 (b) Criminal penalty for disclosure.--A person who knowingly
10 makes, obtains, assists in making or obtaining or pays or
11 accepts a fee for an unauthorized disclosure of identifying
12 information contained in a report or records under this part
13 commits a misdemeanor of the second degree for the first
14 violation and a felony of the third degree for each succeeding
15 violation.
16 (c) Civil penalty for intentional disclosure.--A person who
17 knowingly makes, obtains, assists in making or obtaining or pays
18 or accepts a fee for an unauthorized disclosure of
19 nonidentifying information contained in a report or records
20 under this part is subject to a civil penalty not to exceed
21 $5,000 for the first violation, and not to exceed $10,000 for
22 each succeeding violation.
23 (d) Civil penalty for negligent disclosure.--A person who
24 negligently makes, obtains or assists in making or obtaining an
25 unauthorized disclosure of identifying or nonidentifying
26 information contained in a report or records under this part is
27 subject to a civil penalty not to exceed $5,000 for the first
28 violation and not to exceed $10,000 for each succeeding
29 violation.
30 (e) Additional penalties.--The court may enjoin from further
19990H0654B0692 - 113 -
1 violations any person who makes or obtains an unauthorized
2 disclosure and shall refer the person to an appropriate
3 licensing authority for disciplinary proceedings.
4 (f) Additional remedies.--In addition to the penalties
5 provided in subsections (b), (c), (d) and (e), an individual who
6 is the subject of any of the information contained in a report
7 or records under this part may maintain an action for damages or
8 equitable relief against any person who makes or obtains or is
9 likely to make or obtain an unauthorized disclosure of the
10 information.
11 (g) Nonapplicability of other law.--Identifying information
12 contained in a report or records required by this part to be
13 kept confidential or sealed may not be disclosed under any other
14 law of this Commonwealth.
15 Section 3. The definition of "dependent child" in section
16 6302 of Title 42, amended December 15, 1998 (P.L.949, No.126) is
17 amended to read:
18 § 6302. Definitions.
19 The following words and phrases when used in this chapter
20 shall have, unless the context clearly indicates otherwise, the
21 meanings given to them in this section:
22 * * *
23 "Dependent child." A child who:
24 (1) is without proper parental care or control,
25 subsistence, education as required by law, or other care or
26 control necessary for his physical, mental, or emotional
27 health, or morals. A determination that there is a lack of
28 proper parental care or control may be based upon evidence of
29 conduct by the parent, guardian or other custodian that
30 places the health, safety or welfare of the child at risk,
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1 including evidence of the parent's, guardian's or other
2 custodian's use of alcohol or a controlled substance that
3 places the health, safety or welfare of the child at risk;
4 (2) has been placed for care or adoption in violation of
5 law;
6 (3) has been abandoned by his parents, guardian, or
7 other custodian;
8 (4) is without a parent, guardian, or legal custodian;
9 (5) while subject to compulsory school attendance is
10 habitually and without justification truant from school;
11 (6) has committed a specific act or acts of habitual
12 disobedience of the reasonable and lawful commands of his
13 parent, guardian or other custodian and who is ungovernable
14 and found to be in need of care, treatment or supervision;
15 (7) is under the age of ten years and has committed a
16 delinquent act;
17 (8) has been formerly adjudicated dependent, and is
18 under the jurisdiction of the court, subject to its
19 conditions or placements and who commits an act which is
20 defined as ungovernable in paragraph (6);
21 (9) has been referred pursuant to section 6323 (relating
22 to informal adjustment), and who commits an act which is
23 defined as ungovernable in paragraph (6); or
24 (10) is born to a parent whose parental rights with
25 regard to another child have been involuntarily terminated
26 under 23 Pa.C.S. § [2511] 2291 (relating to grounds for
27 involuntary termination) within three years immediately
28 preceding the date of birth of the child and conduct of the
29 parent poses a risk to the health, safety or welfare of the
30 child.
19990H0654B0692 - 115 -
1 * * *
2 Section 4. Section 6351(h) and (i) of Title 42, amended
3 December 15, 1998 (P.L.949, No.126), are amended to read:
4 § 6351. Disposition of dependent child.
5 * * *
6 (h) Certain hearings discretionary.--At the discretion of
7 the court, permanency hearings need not be conducted:
8 (1) for a child who has been placed in a living
9 arrangement that is intended to be permanent in nature and
10 that is approved by the court;
11 (2) for a child who has been placed in an adoptive home
12 pending finalization of adoption pursuant to 23 Pa.C.S. Part
13 III (relating to [adoption] uniform adoption act); or
14 (3) for a child who has been placed with a permanent
15 legal custodian appointed by the court pursuant to subsection
16 (a) and section 6357 (relating to rights and duties of legal
17 custodian).
18 (i) Assignment to orphans' court.--A judge who adjudicated
19 the child dependent or who has conducted permanency hearings or
20 other dependency proceedings involving the child may be assigned
21 to the orphans' court division for the purpose of hearing
22 proceedings relating to any of the following:
23 (1) Involuntary termination of parental rights of a
24 parent of the dependent child under 23 Pa.C.S. [Ch. 25 Subch.
25 B (relating to involuntary termination)] Ch. 22 Subch. E
26 (relating to involuntary termination of parental rights).
27 (2) A petition to adopt the dependent child.
28 Section 5. Section 702(b)(5) of Title 54 is amended to read:
29 § 702. Change by order of court.
30 * * *
19990H0654B0692 - 116 -
1 (b) Procedure.--Prior to entry of an order of approval of
2 change of name, all of the following shall apply:
3 * * *
4 (5) The procedure in this subsection shall not apply to
5 proceedings involving:
6 (i) An election to resume a prior surname pursuant
7 to section 704 (relating to divorced person may resume
8 prior name).
9 (ii) Name changes involving minor children in
10 adoption proceedings pursuant to 23 Pa.C.S. [§ 2904
11 (relating to name of adoptee)] Pt. III (relating to
12 uniform adoption act).
13 * * *
14 Section 6. This act shall apply to all adoption proceedings
15 initiated on or after the effective date of this act. Adoption
16 proceedings initiated under the provisions repealed by this act
17 shall be concluded under those provisions. Later actions related
18 to those adoptions shall be conducted in accordance with this
19 act. Violations of this act which affect adoptions which were
20 completed under the prior adoption laws of this Commonwealth
21 shall be dealt with as prescribed in this act.
22 Section 7. This act shall take effect in 180 days.
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