HOUSE AMENDED
PRIOR PRINTER'S NOS. 388, 805 PRINTER'S NO. 1777
No. 332 Session of 2005
INTRODUCED BY VANCE, GREENLEAF, EARLL, COSTA, BOSCOLA, KITCHEN,
O'PAKE, RAFFERTY, ROBBINS, STOUT, WAUGH, WENGER, M. WHITE,
WONDERLING AND PIPPY, MARCH 14, 2005
AS REPORTED FROM COMMITTEE ON JUDICIARY, HOUSE OF
REPRESENTATIVES, AS AMENDED, MAY 2, 2006
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, further providing for foreign decree
3 of adoption.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. Section 2908 of Title 23 of the Pennsylvania
7 Consolidated Statutes is amended to read:
8 § 2908. Foreign decree of adoption.
9 [When a decree of adoption of a minor is made or entered in
10 conformity with the laws of another state or a foreign country
11 whereby a child is adopted by a resident of this Commonwealth, a
12 copy of the final decree, properly authenticated, may be filed
13 with the clerk in the county of residence of the adopting
14 parents. The decree and such other documents as may be filed
15 therewith shall be kept in the files of the court as a permanent
16 record thereof and shall be withheld from inspection except on
17 order of court granted upon cause shown. Upon the filing of a
1 foreign decree of adoption, the clerk shall enter upon the
2 docket an entry showing the foreign court, identification of the
3 proceedings therein and the date of the decree. Information
4 identifying the natural parents shall not be required.]
5 (a) Registration.--When a final decree of adoption of a <--
6 minor is made or entered in conformity with the laws of another
7 state or a foreign country whereby a child is adopted by a
8 resident of this Commonwealth, a copy of the foreign decree of
9 adoption, properly authenticated, may be filed with the clerk of
10 the orphans' court in the county of residence of the parent or
11 parents. The clerk may charge a filing fee in accordance with
12 the court's regular fee schedule as approved by the president
13 judge. The foreign decree of adoption and such other documents
14 as may be filed therewith shall be kept in the files of the
15 court as a permanent record thereof and shall be withheld from
16 inspection except on order of court granted upon cause shown.
17 Information identifying the birth parents of the adoptee shall
18 not be required. Sections 2905 (relating to impounding of
19 proceedings and access to records) and 2910 (relating to penalty
20 for unauthorized disclosure) shall apply to the foreign decree
21 and other documents filed under this section.
22 (b) Certificate of adoption.--Upon the filing of a properly
23 authenticated foreign decree of adoption, the clerk shall enter
24 upon the docket an entry showing the foreign court,
25 identification of the proceedings therein and the date of the
26 decree. The clerk shall issue to the parent or parents a
27 certificate of adoption evidencing that the adoption has been
28 registered in the county court. The clerk shall also send a
29 certificate of adoption to the Bureau of Vital Statistics of the
30 Department of Health. No hearing shall be required prior to the
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1 issuance of the certificate of adoption and the parent or
2 parents shall not be required to obtain counsel.
3 (c) Change of name of adoptee.--If requested, the name of
4 the adoptee may be changed from that set forth on the foreign
5 decree of adoption and the new name shall be set forth on the
6 certificate of adoption issued under subsection (b).
7 (d) Readoption.--The readoption of a child referenced in
8 subsection (a) is not required unless:
9 (1) in the case of a married couple seeking to jointly
10 register a foreign decree of adoption, the adoption in the
11 foreign country was not finalized as to both the husband and
12 the wife; or
13 (2) the adoption was not finalized in the foreign
14 country.
15 (A) REGISTRATION.--WHEN A MINOR IS ADOPTED BY A RESIDENT OF <--
16 THIS COMMONWEALTH AND A FINAL DECREE OF ADOPTION IS MADE OR
17 ENTERED IN CONFORMITY WITH THE LAWS OF A FOREIGN COUNTRY, THE
18 ADOPTING PARENT SHALL FILE A PROPERLY AUTHENTICATED COPY OF THE
19 FOREIGN DECREE OF ADOPTION, A COPY OF THE CHILD'S VISA AND
20 EITHER THE CHILD'S BIRTH CERTIFICATE OR SOME FORM OF BIRTH
21 IDENTIFICATION WITH THE CLERK OF THE COURT IN THE COUNTY OF
22 RESIDENCE OF THE PARENT. IF THE FOREIGN DECREE OF ADOPTION IS
23 NOT IN ENGLISH, THE ADOPTING PARENT SHALL ALSO FILE A CERTIFIED
24 ENGLISH TRANSLATION. IF NO BIRTH CERTIFICATE OR BIRTH
25 IDENTIFICATION CAN BE OBTAINED, THE ADOPTING PARENT SHALL
26 INCLUDE AN AFFIDAVIT STATING THE REASON THEREFOR.
27 (B) FOREIGN ADOPTION REGISTRATION FORM.--THE COURT SHALL
28 DEVELOP A FOREIGN ADOPTION REGISTRATION FORM AND INSTRUCTIONS
29 FOR ITS USE. THE ADOPTING PARENT OR PARENTS SHALL SIGN THE
30 FOREIGN ADOPTION REGISTRATION FORM INDICATING THAT THEY HAVE
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1 READ AND UNDERSTAND THE INFORMATION PROVIDED.
2 (C) CONTENTS OF FORM.--
3 (1) THE FORM SHALL INCLUDE STATEMENTS INDICATING THAT
4 THE FOREIGN ADOPTION MAY NOT BE A FULL AND FINAL ADOPTION IF:
5 (I) BOTH PARENTS, OR JUST THE SOLE PARENT IF ONLY
6 ONE PARENT IS ADOPTING, WERE NOT PRESENT FOR THE ADOPTION
7 HEARING IN THE FOREIGN COUNTRY.
8 (II) THE FOREIGN COURT DID NOT ENTER A FINAL
9 ADOPTION DECREE OR ITS EQUIVALENT.
10 (III) THE CHILD'S VISA IS NOT THE TYPE THAT WOULD
11 AFFORD THE CHILD FULL UNITED STATES CITIZENSHIP.
12 (2) THE FORM SHALL NOTIFY THE ADOPTING PARENT OR PARENTS
13 THAT AN ADOPTION DECREE MAY BE OBTAINED FROM THE COMMONWEALTH
14 IF THE DOCUMENTS FILED IN SUBSECTION (A) ARE REVIEWED BY THE
15 COURT AND THE COURT DETERMINES THE FOREIGN ADOPTION WAS FULL
16 AND FINAL.
17 (3) AT THE TIME OF FILING, A COPY OF THE FOREIGN DECREE
18 OF ADOPTION AND A CERTIFIED ENGLISH TRANSLATION, IF
19 NECESSARY, THE CHILD'S VISA AND EITHER THE CHILD'S BIRTH
20 CERTIFICATE OR SOME FORM OF BIRTH IDENTIFICATION SHALL BE
21 ATTACHED TO THE FOREIGN REGISTRATION FORM AND SUBMITTED TO
22 THE CLERK OF COURT.
23 (D) FOREIGN ADOPTION REVIEW.--IN CASES WHERE THE COURT
24 DETERMINES THE FOREIGN ADOPTION WAS FULL AND FINAL, THE COURT
25 SHALL DIRECT THE CLERK TO ENTER UPON THE DOCKET AN ENTRY SHOWING
26 THE FOREIGN COURT IDENTIFICATION OF THE PROCEEDINGS IN THAT
27 COURT AND THE DATE OF THE DECREE. THE CLERK SHALL ISSUE TO THE
28 PARENT A CERTIFICATE OF ADOPTION AS DEFINED IN SECTION 2907
29 (RELATING TO CERTIFICATE OF ADOPTION). THE CLERK SHALL ALSO SEND
30 DOCUMENTATION TO THE DEPARTMENT OF HEALTH. NO HEARING SHALL BE
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1 REQUIRED PRIOR TO THE ISSUANCE OF THE CERTIFICATE OF ADOPTION
2 AND THE PARENT SHALL NOT BE REQUIRED TO OBTAIN COUNSEL.
3 (E) READOPTION.--THE COURT SHALL DEVELOP A STANDARD
4 PETITION, A STANDARD COURT ORDER AND INSTRUCTIONS FOR THEIR USE
5 FOR OCCASIONS WHEN A CHILD MUST BE READOPTED TO FINALIZE THE
6 ADOPTION. THE CLERK SHALL PROVIDE THE ADOPTING PARENT WITH THE
7 STANDARDIZED INFORMATION.
8 (F) RECORDS.--ALL DOCUMENTS REQUIRED IN SUBSECTION (A) AS
9 WELL AS ANY OTHER ACCOMPANYING DOCUMENTS SHALL BE KEPT IN THE
10 FILES OF THE COURT AS A PERMANENT RECORD AND SHALL BE WITHHELD
11 FROM INSPECTION EXCEPT ON ORDER OF COURT GRANTED UPON CAUSE
12 SHOWN. INFORMATION IDENTIFYING THE BIRTH PARENTS OF THE ADOPTEE
13 SHALL NOT BE REQUIRED. THE CLERK MAY CHARGE A FILING FEE IN
14 ACCORDANCE WITH THE COURT'S REGULAR FEE SCHEDULE AS APPROVED BY
15 THE PRESIDENT JUDGE.
16 Section 2. This act shall take effect in 60 days.
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