PRINTER'S NO. 1148
No. 963 Session of 2007
INTRODUCED BY BENNINGTON, PICKETT, MUNDY, FREEMAN, DERMODY,
SIPTROTH, GERGELY, WALKO, YOUNGBLOOD, BUXTON, GRUCELA, KORTZ
AND M. SMITH, APRIL 2, 2007
REFERRED TO COMMITTEE ON JUDICIARY, APRIL 2, 2007
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, extensively revising provisions on
3 adoption; and making repeals.
4 The General Assembly of the Commonwealth of Pennsylvania
5 hereby enacts as follows:
6 Section 1. The definitions of "agency," "intermediary,"
7 "medical history information" and "parent" in section 2102 of
8 Title 23 of the Pennsylvania Consolidated Statutes are amended
9 and the section is amended by adding definitions to read:
10 § 2102. Definitions.
11 The following words and phrases when used in this part shall
12 have, unless the context clearly indicates otherwise, the
13 meanings given to them in this section:
14 * * *
15 "Adoption-related counseling services." Services offered by
16 an agency approved by the Department of Public Welfare, which,
17 at a minimum, provide a birth parent with assistance in
18 understanding the adoption process, the birth parents' rights
1 and obligations, the consequences of a decision to relinquish
2 parental rights or to consent to an adoption and the
3 alternatives to a relinquishment, consent or adoption.
4 "Adoptive parent." An individual who has adopted a child.
5 "Agency." [Any incorporated or unincorporated] An agency
6 operated by a public or private organization, corporation,
7 society, institution or [other] entity, [public or voluntary,]
8 which [may receive or provide for the care of children,
9 supervised by the Department of Public Welfare and providing]
10 provides adoption services in accordance with standards
11 established by the [department.] Department of Public Welfare.
12 The term includes a county agency.
13 "Birth sibling." A biological sibling or the half-sibling of
14 the adoptee.
15 "Child." An individual under 18 years of age.
16 * * *
17 "County agency." The county children and youth social
18 service agency established pursuant to section 405 of the act of
19 June 24, 1937 (P.L.2017, No.396), known as the County
20 Institution District Law, or its successor, and supervised by
21 the Department of Public Welfare under Article IX of the act of
22 June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
23 * * *
24 "Department." The Department of Public Welfare of the
25 Commonwealth.
26 "Family profile." An agency's formal assessment of the
27 capacity and readiness of a prospective adoptive parent to adopt
28 a child, conducted in accordance with the provisions of this
29 part.
30 "Intermediary." Any person [or persons] or agency acting
20070H0963B1148 - 2 -
1 between the [parent or] parents and the proposed adoptive
2 [parent or] parents in arranging an adoption placement.
3 "Medical history information." Medical records and other
4 information concerning an adoptee or an adoptee's [natural]
5 birth family which is relevant to the adoptee's present or
6 future health care or medical treatment. The term includes:
7 (1) otherwise confidential or privileged information
8 provided that identifying contents have been removed pursuant
9 to section 2909 (relating to medical history information);
10 and
11 (2) information about the [natural] birth parents which
12 may be relevant to a potential hereditary or congenital
13 medical problem.
14 * * *
15 "Parent." [Includes adoptive parent.] The birth parent or
16 adoptive parent of the adoptee.
17 "Presumptive father." The husband of the birth mother, or an
18 individual who was her husband at any time within one year of
19 the birth of the child, who is not necessarily the birth father
20 of the child.
21 "Putative father." An alleged birth father of a child
22 conceived or born out of wedlock.
23 "Stepparent." The husband or wife of a parent, who is not
24 the birth or adoptive parent of the child.
25 Section 2. Sections 2302(1), 2313 and 2501(a) of Title 23
26 are amended to read:
27 § 2302. Venue.
28 Proceedings for voluntary relinquishment, involuntary
29 termination and adoption may be brought in the court of the
30 county:
20070H0963B1148 - 3 -
1 (1) Where the parent [or parents or], the adoptee or the
2 person [or persons] who [have] has filed a report of
3 intention to adopt required by section 2531 (relating to
4 report of intention to adopt) [reside] resides.
5 * * *
6 § 2313. Representation.
7 (a) Child.--The court shall appoint [counsel] a guardian ad
8 litem who is an attorney at law to represent the legal and best
9 interests of the child in an involuntary termination proceeding
10 when the proceeding is being contested by one or both of the
11 parents. The court may appoint [counsel or] a guardian ad litem
12 who is an attorney at law to represent any child who has not
13 reached the age of 18 years and is subject to any other
14 proceeding under this part whenever it is in the best interests
15 of the child. No attorney or law firm shall represent both the
16 child and the adopting parent [or parents].
17 (a.1) Parent.--
18 (1) The court shall appoint counsel for a parent whose
19 rights are subject to termination in an involuntary
20 termination proceeding if, upon petition of the parent, the
21 court determines that the parent is unable to pay for counsel
22 or if payment would result in substantial financial hardship.
23 (2) The court shall appoint counsel for a parent who is
24 under 18 years of age and whose consent is required under
25 section 2711 (relating to consents necessary to adoption) if
26 the court determines that the parent is unable to pay for
27 counsel or if payment would result in substantial financial
28 hardship.
29 (b) Payment of costs.--[The] For counsel appointed under
30 subsection (a.1), the county of residence of the parent for whom
20070H0963B1148 - 4 -
1 counsel is appointed shall be responsible for the payment of
2 attorney costs. Except as set forth in subsection (c)(2), the
3 court[, in its discretion,] may order [all or part] that the
4 adopting parent pay up to 50% of the costs [attendant to a
5 proceeding under this part to be paid by the county wherein the
6 case is heard, the adopting parents or apportioned to both,
7 provided that if the adopting parents shall be ordered to bear
8 all or a portion of the costs of this part that:
9 (1) the court may direct] of the appointment of a
10 guardian ad litem, commensurate with the ability to pay
11 without causing financial hardship and that the payment [of
12 the fees or a portion thereof may be paid by] be made
13 according to a court ordered schedule [of payments extending
14 beyond the date of the involuntary termination hearing; and
15 (2) the fee shall not exceed $150]. The remaining costs
16 for a guardian ad litem shall be paid by the county where the
17 action is heard.
18 (c) Exceptions.--
19 (1) An adopting parent shall not be responsible for
20 costs related to court-appointed counsel under subsection
21 (a.1).
22 (2) An adopting parent who is adopting a special needs
23 child eligible for adoption assistance under regulations of
24 the department shall not be responsible for payment of costs
25 under subsection (b).
26 § 2501. Relinquishment to agency.
27 (a) Petition.--When any child under the age of 18 years has
28 been in the care of an agency for a minimum period of three days
29 or, whether or not the agency has the physical care of the
30 child, the agency has received a written notice of the present
20070H0963B1148 - 5 -
1 intent to transfer to it custody of the child, executed by the
2 birth parent, the birth parent [or parents] of the child may
3 petition the court for permission to relinquish forever all
4 parental rights and duties with respect to their child. The
5 petition must include an acknowledgment in writing by the birth
6 parent of all of the following:
7 (1) Adoption-related counseling services have been
8 offered to the birth parent.
9 (2) If the birth parent requested adoption-related
10 counseling services, whether the adoption-related counseling
11 services have been provided.
12 (3) If adoption-related counseling services were
13 provided, the name and address of the agency which provided
14 them.
15 * * *
16 Section 3. Section 2502(a) of Title 23 is amended and the
17 section is amended by adding a subsection to read:
18 § 2502. Relinquishment to adult intending to adopt child.
19 (a) Petition.--When any child under the age of 18 years has
20 been for a minimum period of three days in the exclusive care of
21 an adult or adults who have filed a report of intention to adopt
22 required by section 2531 (relating to report of intention to
23 adopt), the parent [or parents] of the child may petition the
24 court for permission to relinquish forever all parental rights
25 to [their] the child. The petition must include an
26 acknowledgment in writing by the birth parent of all of the
27 following:
28 (1) Adoption-related counseling services have been
29 offered to the birth parent.
30 (2) If the birth parent requested adoption-related
20070H0963B1148 - 6 -
1 counseling services, whether the adoption-related counseling
2 services have been provided.
3 (3) If adoption-related counseling services were
4 provided, the name and address of the agency which provided
5 them.
6 * * *
7 (c) Written authorization.--If a parent or guardian has
8 relinquished a child under this section, the parent or guardian
9 shall furnish to the prospective adoptive parent a signed
10 writing stating that the relinquishment is for the purpose of
11 adoption and authorizes the prospective adoptive parent to
12 provide support and medical and other care for the child until
13 the adoption is finalized.
14 Section 4. Title 23 is amended by adding a section to read:
15 § 2502.1. Agency requirements for abandoned child.
16 (a) Designation of adoptive parent.--Within 30 days after an
17 agency obtains custody of a child found under such circumstances
18 that the identities or whereabouts of the birth parents are
19 unknown, the agency shall make all reasonable efforts to
20 identify and designate a prospective adoptive parent.
21 (b) Diligent search.--The agency shall commence a search for
22 the birth parents of the abandoned child under section
23 2511(a)(4) (relating to grounds for involuntary termination).
24 The search shall be completed within 75 days after the agency
25 obtains custody of the child.
26 (c) Termination petition.--If the requirements of this
27 section and section 2511(a)(4) are met, the agency shall file a
28 petition for termination of parental rights within 120 days
29 after the date on which the child was found.
30 (d) Hearing.--A hearing on a petition under this section
20070H0963B1148 - 7 -
1 shall be conducted by the court on an expedited basis.
2 (e) Report of intention to adopt.--The agency shall assist
3 the prospective adoptive parent with the filing of the report
4 under section 2531 (relating to report of intention to adopt).
5 Section 5. Section 2503 heading and (b)(3), (c), (d) and (e)
6 of Title 23 are amended and the section is amended by adding a
7 subsection to read:
8 § 2503. [Hearing] Voluntary relinquishment hearing.
9 * * *
10 (a.1) Custody of child.--During the pendency of a proceeding
11 under this section, unless the court directs otherwise, custody
12 of the child shall remain with the individual or agency that had
13 custody at the time the petition was filed.
14 (b) Notice.--
15 * * *
16 (3) The [copy of the notice which is given to the]
17 putative father shall [state that his rights may also be
18 subject to termination pursuant to subsection (d) if he fails
19 to file either an acknowledgment of paternity or claim of
20 paternity pursuant to section 5103 (relating to
21 acknowledgment and claim of paternity) and fails to either
22 appear at the hearing for the purpose of objecting to the
23 termination of his rights or file a written objection to such
24 termination with the court prior to the hearing.] receive
25 notice in the form provided in section 2513(b) (relating to
26 hearing). If the identity or whereabouts of the putative
27 father is unknown, notice shall be given pursuant to section
28 2514(b) (relating to notice if putative father or his
29 whereabouts unknown). Notice under this paragraph shall state
30 that the putative father's rights may also be terminated
20070H0963B1148 - 8 -
1 under subsection (d) if any of the following apply:
2 (i) He fails to file with the court prior to the
3 hearing a written objection to the termination.
4 (ii) He fails to appear at the hearing for the
5 purpose of objecting to the termination of his rights.
6 (iii) The court determines, after a hearing, that he
7 has failed to:
8 (A) provide substantial financial support for
9 the child; or
10 (B) make substantial and ongoing provision for
11 the child's care.
12 (c) Decree.--
13 (1) After a hearing, which shall be private, the court
14 may enter a decree of termination of parental rights [in the
15 case of their relinquishment to an adult or a decree of
16 termination of parental rights and duties, including the
17 obligation of support, in the case of their relinquishment to
18 an agency].
19 (2) Subject to paragraph (3), a decree of termination of
20 parental rights terminates forever all the subject parent's
21 parental rights and duties with respect to the child,
22 including the obligation of support.
23 (3) A decree of termination of parental rights does not
24 extinguish the duty of a parent to pay arrearages for child
25 support.
26 (d) [Putative father.--] Termination of putative father's
27 parental rights.--If a putative father [will not file a petition
28 to voluntarily relinquish his parental rights pursuant to
29 section 2501 (relating to relinquishment to agency) or 2502
30 (relating to relinquishment to adult intending to adopt child),]
20070H0963B1148 - 9 -
1 has been given notice of the hearing being held pursuant to this
2 section [and], the court may enter a decree terminating his
3 parental rights, whether or not the putative father has filed an
4 acknowledgment of paternity or claim of paternity under section
5 5103, if any of the following paragraphs apply:
6 (1) The putative father fails to [either]:
7 (i) file a written objection to the termination with
8 the court prior to the hearing; or
9 (ii) appear at that hearing for the purpose of
10 objecting to termination of his parental rights [or file
11 a written objection to such termination with the court
12 prior to the hearing and has not filed an acknowledgment
13 of paternity or claim of paternity pursuant to section
14 5103, the court may enter a decree terminating the
15 parental rights of the putative father pursuant to
16 subsection (c)].
17 (2) The court determines, after a hearing, that the
18 putative father has failed to:
19 (i) provide substantial financial support for the
20 child; or
21 (ii) make substantial and ongoing provision for the
22 child's care.
23 (e) Right to file personal and medical history
24 information.--At the time the decree of termination is
25 transmitted to the parent whose rights are terminated, the court
26 shall advise that parent, in writing, of his or her continuing
27 right to place and update personal and medical history
28 information, whether or not the medical condition is in
29 existence or discoverable at the time of adoption, on file with
30 the court, with the Department of Health and with the
20070H0963B1148 - 10 -
1 [Department of Public Welfare] department pursuant to section
2 2905(d) (relating to impounding of proceedings and access to
3 records).
4 Section 6. Section 2504 of Title 23 is repealed:
5 [§ 2504. Alternative procedure for relinquishment.
6 (a) Petition to confirm consent to adoption.--If the parent
7 or parents of the child have executed consents to an adoption,
8 upon petition by the intermediary or, where is no intermediary,
9 by the adoptive parent, the court shall hold a hearing for the
10 purpose of confirming a consent to an adoption upon expiration
11 of the time periods under section 2711 (relating to consents
12 necessary to adoption). The original consent or consents to the
13 adoption shall be attached to the petition.
14 (b) Hearing.--Upon presentation of a petition filed pursuant
15 to this section, the court shall fix a time for a hearing which
16 shall not be less than ten days after filing of the petition.
17 Notice of the hearing shall be by personal service or by
18 registered mail or by such other means as the court may require
19 upon the consenter and shall be in the form provided in section
20 2513(b) (relating to hearing). Notice of the hearing shall be
21 given to the other parent or parents, to the putative father
22 whose parental rights could be terminated pursuant to subsection
23 (c) and to the parents or guardian of a consenting parent who
24 has not reached 18 years of age. The notice shall state that the
25 consenting parent's or putative father's rights may be
26 terminated as a result of the hearing. After hearing, which
27 shall be private, the court may enter a decree of termination of
28 parental rights in the case of a relinquishment to an adult or a
29 decree of termination of parental rights and duties, including
30 the obligation of support, in the case of a relinquishment to an
20070H0963B1148 - 11 -
1 agency.
2 (c) Putative father.--If a putative father will not execute
3 a consent to an adoption as required by section 2711, has been
4 given notice of the hearing being held pursuant to this section
5 and fails to either appear at that hearing for the purpose of
6 objecting to termination of his parental rights or file a
7 written objection to such termination with the court prior to
8 the hearing and has not filed an acknowledgment of paternity or
9 claim of paternity pursuant to section 5103 (relating to
10 acknowledgment and claim of paternity), the court may enter a
11 decree terminating the parental rights of the putative father
12 pursuant to subsection (b).
13 (d) Right to file personal and medical history
14 information.--At the time the decree of termination is
15 transmitted to the parent, the court shall also advise, in
16 writing, the parent whose rights have been terminated of his or
17 her continuing right to place and update personal and medical
18 history information, whether or not the medical condition is in
19 existence or discoverable at the time of adoption, on file with
20 the court and with the Department of Public Welfare pursuant to
21 section 2905(d) (relating to impounding of proceedings and
22 access to records).]
23 Section 7. Sections 2504.1 and 2505 of Title 23 are amended
24 to read:
25 § 2504.1. Confidentiality.
26 The court shall take such steps as are reasonably necessary
27 to assure that the identity of the adoptive parent [or parents]
28 is not disclosed without [their] that parent's consent in any
29 proceeding under this subchapter or Subchapter B (relating to
30 involuntary termination). The Supreme Court may prescribe
20070H0963B1148 - 12 -
1 uniform rules under this section relating to such
2 confidentiality.
3 § 2505. [Counseling] Adoption-related counseling services.
4 (a) [List of counselors] Information.--Any hospital or other
5 facility providing maternity care shall provide a list of
6 [available counselors and] agencies approved to provide
7 adoption-related counseling services compiled pursuant to
8 subsection (b) to its maternity patients who are known to be
9 considering relinquishment or termination of parental rights or
10 consent to adoption pursuant to this part[.] and information
11 about the counseling fund and how to access it for patients who
12 are unable to pay for counseling. The patient shall sign an
13 acknowledgment of receipt of such list prior to discharge, a
14 copy of which receipt shall be provided to the patient.
15 (b) Compilation of list.--The [court] department shall
16 compile a list, on a county-by-county basis, of [qualified
17 counselors and] agencies approved by the department to provide
18 adoption-related counseling services [(including all adoption
19 agencies)] which are available to [counsel natural] birth
20 parents [within the county] who are contemplating relinquishment
21 or termination of parental rights or consent to adoption, who
22 have filed a petition to relinquish parental rights or who have
23 executed a consent to an adoption, pursuant to this part. Such
24 list shall be distributed to every court of common pleas,
25 agency, hospital or [other] facility providing maternity care
26 within the county [and]. The department shall [be made] make the
27 list available upon request to any [intermediary or licensed
28 health care professional] person.
29 (c) Court determination and referral.--Prior to entering a
30 decree of termination of parental rights pursuant to section
20070H0963B1148 - 13 -
1 2503 (relating to voluntary relinquishment hearing) or [2504]
2 2711.1 (relating to [alternative procedure for relinquishment),
3 if the parent whose rights are to be terminated is present in
4 court,] termination of parental rights pursuant to consent), the
5 court shall [inquire] determine whether [he or she] the birth
6 parent has [received] been offered adoption-related counseling
7 [concerning the termination and the alternatives thereto from an
8 agency or from a qualified counselor listed by a court pursuant
9 to subsection (b)] services. If the birth parent has not
10 [received such] been offered adoption-related counseling
11 services, the court [may, with the parent's consent, refer]
12 shall provide the birth parent [to an agency or qualified
13 counselor listed by a court] with the list compiled pursuant to
14 subsection (b) [for the purpose of receiving such counseling].
15 In no event shall the court delay the completion of any hearing
16 pursuant to section 2503 or [2504] 2711.1 for more than 15 days
17 in order [to provide] for the birth parent to obtain such
18 counseling.
19 (d) Application for counseling.--[Any parent who has filed]
20 Any of the following may apply to a county agency for referral
21 to an agency listed under subsection (b) for the purpose of
22 receiving adoption-related counseling services, paid from funds
23 under subsection (e):
24 (1) A birth parent, or an intermediary acting on behalf
25 of the birth parent, who is contemplating:
26 (i) relinquishment of parental rights; or
27 (ii) execution of a consent to adoption.
28 (2) A birth parent, or an intermediary acting on behalf
29 of the birth parent, who has not been offered adoption-
30 related counseling services and has:
20070H0963B1148 - 14 -
1 (i) filed a petition to relinquish [his or her]
2 parental rights[,]; or [has]
3 (ii) executed a consent to adoption.[, and is in
4 need of counseling concerning the relinquishment or
5 consent, and the alternatives thereto, may apply to the
6 court for referral to an agency or qualified counselor
7 listed by a court pursuant to subsection (b) for the
8 purpose of receiving such counseling. The court, in its
9 discretion, may make such a referral where it is
10 satisfied that this counseling would be of benefit to the
11 parent.]
12 (d.1) County agency.--
13 (1) Within three business days of receiving the
14 application under subsection (d), the county agency must
15 notify the applicant of approval or disapproval of the
16 application. Disapproval must be in writing and include the
17 reason. Failure to comply with this paragraph shall be deemed
18 approval of the application.
19 (2) Upon notification that the applicant is approved,
20 the county agency shall advise the applicant of procedures to
21 obtain adoption-related counseling services.
22 (3) The frequency of adoption-related counseling
23 services shall be determined by the county in accordance with
24 regulations promulgated by the department, which take into
25 account the needs of the parent.
26 (e) [Counseling fund] Funds.--
27 (1) Except as [hereinafter] provided in paragraph (2),
28 each report of intention to adopt filed pursuant to section
29 2531 (relating to report of intention to adopt) shall be
30 accompanied by a filing fee in the amount of $75 which shall
20070H0963B1148 - 15 -
1 be [paid into a segregated fund established by] transferred
2 to the [county] agency to pay for adoption-related services.
3 The county may also make supplemental appropriations to the
4 fund. All costs of adoption-related counseling services
5 provided pursuant to subsection (c) or (d) to individuals who
6 are unable to pay for such counseling shall be paid from the
7 fund. Costs related to adoption-related counseling services
8 for a birth parent whose child is adjudicated dependent shall
9 be considered a reimbursable expenditure of the county agency
10 as an adoption service, with reimbursement to the county
11 agency by the department of the reasonable costs, under
12 section 704.1(a)(6) of the act of June 13, 1967 (P.L.31,
13 No.21), known as the Public Welfare Code.
14 (2) No filing fee may be exacted under this subsection
15 with respect to the adoption of a special needs child who
16 would be eligible for adoption assistance pursuant to
17 regulations promulgated by the [Department of Public Welfare]
18 department. In addition, the court may reduce or waive the
19 fee in cases of demonstrated financial hardship.
20 (3) On an annual basis, the county agency shall report
21 to the department all of the following:
22 (i) The amount of money made available to the county
23 agency through filing fees established in paragraph (1)
24 and other sources of funding for adoption-related
25 counseling services.
26 (ii) The number of requests to the county agency for
27 referral to adoption-related counseling services.
28 (iii) The amount paid by the county agency for
29 adoption-related counseling services.
30 (iv) The estimated per-parent cost of adoption-
20070H0963B1148 - 16 -
1 related counseling services.
2 Section 8. Section 2511(a)(2), (3), (4), (6) and (7), (b)
3 and (c) of Title 23 are amended and subsection (a) is amended by
4 adding paragraphs to read:
5 § 2511. Grounds for involuntary termination.
6 (a) General rule.--The rights of a parent in regard to a
7 child may be terminated after a petition filed on any of the
8 following grounds:
9 * * *
10 (2) The repeated and continued incapacity, abuse,
11 neglect or refusal of the parent has caused the child to be
12 without essential parental care, control or subsistence
13 necessary for his physical or mental well-being and the
14 conditions and causes of the incapacity, abuse, neglect or
15 refusal cannot or will not be remedied by the parent within a
16 reasonable period of time.
17 (3) The parent is the presumptive but not the [natural]
18 birth father of the child.
19 (4) The child was abandoned and is in the custody of an
20 agency, [having been found under such circumstances that] the
21 identity or whereabouts of the parent is unknown and cannot
22 be ascertained by diligent search and the parent does not
23 claim the child within three months after the child is found.
24 * * *
25 (6) In the case of a newborn child, the parent knows or
26 has reason to know of the child's birth, does not reside with
27 the child, [has not married the child's other parent,] has
28 failed for a period of four months immediately preceding the
29 filing of the petition to make reasonable efforts to maintain
30 substantial and continuing contact with the child and has
20070H0963B1148 - 17 -
1 failed during the same four-month period to provide
2 substantial financial support for the child.
3 (7) The parent is the [father of a child conceived as a
4 result] perpetrator of a rape or sexual assault or of incest,
5 which resulted in the conception of the child.
6 * * *
7 (10) The identity or whereabouts of the putative father
8 of the child is unknown and notice has been provided under
9 section 2514 (relating to notice if putative father or his
10 whereabouts unknown).
11 (11) The parent has engaged in repeated and continued
12 abuse or neglect of the child, the child's sibling or another
13 child residing in the child's household.
14 (12) The child, the child's sibling or another child
15 residing in the child's household has been the victim of any
16 of the following by the parent whose rights are to be
17 involuntarily terminated:
18 (i) Serious bodily injury, as defined in section
19 6303(a) (relating to definitions).
20 (ii) An offense under 18 Pa.C.S. Ch. 25 (relating to
21 criminal homicide).
22 (iii) Indecent contact, as defined in 18 Pa.C.S. §
23 3101 (relating to definitions).
24 (iv) An offense under any of the following
25 provisions of 18 Pa.C.S. (relating to crimes and
26 offenses):
27 Section 3121(a) (relating to rape).
28 Section 3122.1 (relating to statutory sexual
29 assault).
30 Section 3123 (relating to involuntary deviate
20070H0963B1148 - 18 -
1 sexual intercourse).
2 Section 3124.1 (relating to sexual assault).
3 Section 3125 (relating to aggravated indecent
4 assault).
5 Section 3126 (relating to indecent assault).
6 Section 4302 (relating to incest).
7 Section 6312 (relating to sexual abuse of
8 children).
9 Section 6320 (relating to sexual exploitation of
10 children).
11 (v) An offense in another jurisdiction similar to an
12 offense listed in this paragraph.
13 (b) Other considerations.--The court in terminating the
14 rights of a parent shall give primary consideration to the
15 developmental, physical and emotional needs and welfare of the
16 child. The rights of a parent shall not be terminated solely on
17 the basis of environmental factors such as inadequate housing,
18 furnishings, income, clothing and medical care if found to be
19 beyond the control of the parent. With respect to any petition
20 filed pursuant to subsection (a)[(1), (6) or (8)], the court
21 shall not consider any efforts by the parent to remedy the
22 conditions described therein which are first initiated
23 subsequent to the giving of notice of the filing of the
24 petition.
25 (c) Right to file personal and medical history
26 information.--At the time the decree of termination is
27 transmitted to the parent whose rights have been terminated, the
28 court shall advise the parent, in writing, of his or her
29 continuing right to place and update personal and medical
30 history information, whether or not the medical condition is in
20070H0963B1148 - 19 -
1 existence or discoverable at the time of adoption, on file with
2 the court, the Department of Health and [with] the [Department
3 of Public Welfare] department pursuant to section 2905(d)
4 (relating to impounding of proceedings and access to records).
5 Section 9. Section 2512(c) of Title 23 is amended to read:
6 § 2512. Petition for involuntary termination.
7 * * *
8 [(c) Father not identified.--If the petition does not
9 identify the father of the child, it shall state whether a claim
10 of paternity has been filed under section 8303 (relating to
11 claim of paternity).]
12 Section 10. Section 2513(b), (c) and (d) of Title 23 are
13 amended and the section is amended by adding a subsection to
14 read:
15 § 2513. Hearing.
16 * * *
17 (a.1) Custody of child.--During the pendency of a proceeding
18 under this section, unless the court directs otherwise, custody
19 of the child shall remain with the individual or agency that had
20 custody at the time the petition was filed.
21 (b) Notice.--At least ten days' notice shall be given to the
22 parent [or parents], putative father, or parent of a minor
23 parent whose rights are to be terminated, by personal service or
24 by registered mail to his or their last known address or by such
25 other means as the court may require. A copy of the notice shall
26 be given in the same manner to the other parent, putative father
27 or parent or guardian of a minor parent whose rights are to be
28 terminated. A putative father shall include one who has filed a
29 claim of paternity as provided in section 5103 (relating to
30 acknowledgment and claim of paternity) prior to the institution
20070H0963B1148 - 20 -
1 of proceedings. The notice shall state the following:
2 ["]A petition has been filed asking the court to put an
3 end to all rights you have to your child (insert name of
4 child). The court has set a hearing to consider ending your
5 rights to your child. That hearing will be held in (insert
6 place, giving reference to exact room and building number or
7 designation) on (insert date) at (insert time). You are
8 warned that even if you fail to appear at the scheduled
9 hearing, the hearing will go on without you and your rights
10 to your child may be ended by the court without [your] you
11 being present. You have a right to be represented at the
12 hearing by a lawyer. You should take this paper to your
13 lawyer at once. If you do not have a lawyer or cannot afford
14 one, go to or telephone the office set forth below to find
15 out where you can get legal help.
16 (Name)...................
17 (Address)................
18 .........................
19 (Telephone number).......["]
20 (c) Mother competent witness on paternity issue.--The
21 [natural] birth mother shall be a competent witness as to
22 whether the presumptive or putative father is the [natural]
23 birth father of the child.
24 (d) Decree.--
25 (1) After hearing, which may be private, the court shall
26 make a finding relative to the pertinent provisions of
27 section 2511 (relating to grounds for involuntary
28 termination) [and upon such]. Upon a finding by clear and
29 convincing evidence of a ground under section 2511, the court
30 may enter a decree of termination of parental rights.
20070H0963B1148 - 21 -
1 (2) Subject to paragraph (3), a decree of termination of
2 parental rights terminates forever all the subject parent's
3 parental rights and duties with respect to the child,
4 including the obligation of support.
5 (3) A decree of termination of parental rights does not
6 extinguish the duty of a parent to pay arrearages for child
7 support.
8 Section 11. Title 23 is amended by adding a section to read:
9 § 2514. Notice if putative father or his whereabouts unknown.
10 (a) Reasonable efforts.--
11 (1) A petitioner under sections 2501 (relating to
12 relinquishment to agency), 2502 (relating to relinquishment
13 to adult intending to adopt child), 2512 (relating to
14 petition for involuntary termination) and 2711.1 (relating to
15 termination of parental rights pursuant to consent) must
16 establish that reasonable efforts were made to identify or
17 locate a putative father for the purpose of providing notice
18 in a proceeding under this part.
19 (2) In determining whether the petitioner's efforts to
20 provide notice were sufficient under this part, the court
21 shall consider all of the following:
22 (i) The extent to which inquiries were made as to
23 whether:
24 (A) The birth mother was married or cohabitating
25 with a man at the probable time of conception of the
26 child.
27 (B) The birth mother has received payments or
28 promises of support, other than from a governmental
29 agency, with respect to the child or because of her
30 pregnancy.
20070H0963B1148 - 22 -
1 (C) The birth mother has named any individual as
2 the father on the birth certificate of the child or
3 in connection with applying for or receiving public
4 assistance.
5 (D) An individual has formally or informally
6 acknowledged or claimed paternity of the child in a
7 jurisdiction in which the birth mother resided during
8 or since her pregnancy or in which the child has
9 resided or resides at the time of the inquiry.
10 (ii) Documentation that notice has been sent
11 unsuccessfully to the identified putative father at his
12 last known address.
13 (iii) Documentation that inquiry regarding the last
14 known address or residence of the putative father was
15 made to the following entities if applicable:
16 (A) Local post office.
17 (B) State agency with jurisdiction over drivers'
18 licenses.
19 (C) State agency with jurisdiction over public
20 assistance.
21 (D) State or local voter registration agency.
22 (E) State and local probation and parole
23 offices.
24 (b) Notice by publication.--If the petitioner can establish
25 that reasonable but unsuccessful efforts were made to identify
26 or locate a putative father, notice of the proceeding may be
27 given to the putative father by publication one time in both a
28 newspaper of general circulation and in the county legal journal
29 at least ten days before the date of the hearing. Proof of
30 publication of the notice provided under this subsection must be
20070H0963B1148 - 23 -
1 submitted to the court.
2 (c) Affidavit of service.--At the hearing on a petition to
3 terminate the parental rights of a putative father whose
4 identity or whereabouts are unknown, the petitioner must submit
5 to the court an affidavit of the reasonable efforts made to
6 identify or locate a putative father for the purpose of
7 providing notice of the proceedings.
8 (d) Determination by the court.--A specific finding must be
9 made by the court that reasonable efforts were made by the
10 petitioner under subsection (a)(1), including publication of
11 notice required under subsection (b), and that the putative
12 father is unknown or cannot be located for the purpose of
13 providing notice.
14 Section 12. Sections 2530 and 2531(b) of Title 23 are
15 amended to read:
16 § 2530. [Home study and preplacement report] Family profile.
17 (a) General rule.--No [intermediary shall place a] child may
18 be placed in the physical care or custody of a prospective
19 adoptive parent [or parents] unless a [home study] family
20 profile containing a favorable recommendation for placement of a
21 child with the prospective parent [or parents] has been
22 completed within three years prior thereto and which has been
23 supplemented within one year prior thereto. The [home study]
24 family profile shall be conducted by a [local public child-care
25 agency,] county agency or an adoption agency [or a licensed
26 social worker designated by the court to perform such study].
27 The family profile is not required if a parent or guardian
28 places a child directly with a relative of the child, as
29 identified in section 2531(c) (relating to report of intention
30 to adopt) for purposes of adoption.
20070H0963B1148 - 24 -
1 (b) [Preplacement report.--A preplacement report shall be
2 prepared by the agency or person conducting the home study.]
3 Contents.--
4 (1) The [preplacement report] family profile shall set
5 forth all pertinent information relating to the parental
6 fitness of the adopting [parents as parents] parent.
7 (2) The [preplacement report] family profile shall be
8 based upon a study which shall include an investigation of
9 the home environment, family life, parenting skills, age,
10 physical and mental health, social, cultural and religious
11 background, facilities and resources of the adoptive
12 [parents] parent and [their] that parent's ability to manage
13 [their] resources. The [preplacement report] family profile
14 shall also include the information required by section
15 6344(b) (relating to information relating to prospective
16 child-care personnel), as well as a report of Federal
17 criminal history record information.
18 (3) The [preplacement report] family profile shall
19 include a determination regarding the parental fitness of the
20 adopting [parents as parents] parent.
21 (4) The [preplacement report] family profile shall be
22 dated and verified.
23 (5) The family profile shall be based on a personal
24 interview with the petitioner in the petitioner's residence.
25 (c) Interim placement.--Where a [home study] family profile
26 required under this section is in process, but not yet
27 completed, [an intermediary may place] a child may be placed in
28 the physical care or custody of a prospective adoptive parent
29 [or parents] if all of the following conditions are met:
30 (1) The [intermediary] agency preparing the family
20070H0963B1148 - 25 -
1 profile has no reason to believe that the prospective
2 adoptive parent [or parents] would not receive a favorable
3 recommendation for placement as a result of the [home study]
4 family profile.
5 (2) The [individual or] agency [conducting] preparing
6 the [home study] family profile assents to the interim
7 placement.
8 (3) The [intermediary] agency immediately notifies the
9 court of the interim placement and [the identity of the
10 individual or agency conducting the home study] that it is
11 preparing the family profile. If at any time prior to the
12 completion of the [home study] family profile, the court is
13 notified by the [individual or] agency [conducting] preparing
14 the [home study] family profile that it withdraws its assent
15 to the interim placement, the court may order the placement
16 of the child in temporary foster care with an agency until a
17 favorable recommendation for placement is received.
18 § 2531. Report of intention to adopt.
19 * * *
20 (b) Contents.--The report shall set forth:
21 (1) The circumstances surrounding the persons receiving
22 or retaining custody or physical care of the child, including
23 the date upon which a [preplacement investigation] family
24 profile was concluded.
25 (2) The name, sex, racial background, age, date and
26 place of birth and religious affiliation of the child.
27 (3) The name and address of the intermediary.
28 (4) An itemized accounting of moneys and consideration
29 paid or to be paid to the intermediary.
30 (5) Whether the parent [or parents] whose parental
20070H0963B1148 - 26 -
1 rights are to be terminated [have received] has received
2 adoption-related counseling with respect to the termination
3 and the alternatives thereto. If so, the report shall state
4 the dates on which the counseling was provided and the name
5 and address of the [counselor or] agency which provided the
6 counseling.
7 (6) The name, address and signature of the person or
8 persons making the report. Immediately above the signature of
9 the person or persons intending to adopt the child shall
10 appear the following statement:
11 I acknowledge that I have been advised or know and
12 understand that the birth father or putative father may
13 revoke the consent to the adoption of this child within
14 30 days after the later of the birth of the child or the
15 date he has executed the consent to an adoption and that
16 the birth mother may revoke the consent to an adoption of
17 this child within 30 days after the date she has executed
18 the consent.
19 (7) A copy of the [preplacement report prepared pursuant
20 to section 2530 (relating to home study and preplacement
21 report).] family profile. The copy of the family profile must
22 be provided to the court within 30 days of filing the report.
23 (8) Either:
24 (i) a copy of the medical and personal history of
25 the birth parents; or
26 (ii) the reason that the copy under subparagraph (i)
27 has not been obtained.
28 When a person receives or retains custody or physical care of a
29 child from an agency, the report shall set forth only the name
30 and address of the agency, the circumstances surrounding such
20070H0963B1148 - 27 -
1 person receiving or retaining custody or physical care of the
2 child and a copy of the [preplacement report] family profile
3 prepared pursuant to section 2530 (relating to family profile).
4 * * *
5 Section 13. Title 23 is amended by adding a section to read:
6 § 2531.1. Criminal and child abuse background checks for
7 stepparent or relative adoptions.
8 The criminal and child abuse history record information
9 required under section 2530(b)(2) (relating to family profile)
10 must be obtained for any prospective adoptive parent who is a
11 stepparent or other relative of the adoptee. This information
12 must be attached to the petition for adoption.
13 Section 14. Section 2533(a), (b)(3) and (12) and (d)
14 introductory paragraph, (1) and (3) of Title 23 are amended and
15 subsections (b) and (d) are amended by adding paragraphs to
16 read:
17 § 2533. Report of intermediary.
18 (a) General rule.--Within six months after filing the report
19 of intention to adopt, the intermediary who or which arranged
20 the adoption placement of any child under the age of 18 years
21 shall make a written report under oath to the court in which the
22 petition for adoption will be filed and shall thereupon
23 forthwith notify in writing the adopting parent [or parents] of
24 the fact that the report has been filed and the date thereof.
25 (b) Contents.--The report shall set forth:
26 * * *
27 (3) The date of the placement of the child with the
28 adopting parent [or parents].
29 * * *
30 (12) A statement:
20070H0963B1148 - 28 -
1 (i) that personal and medical history information
2 was obtained [and if not obtained, a statement]; or
3 (ii) of the reason [therefor.] that the information
4 under subparagraph (i) was not obtained.
5 (13) A list of the dates of supervision of the adoptive
6 placement by the supervising agency.
7 * * *
8 (d) Permissible reimbursement of expenses.--Payments made by
9 the adoptive [parents] parent to an intermediary or a third
10 party for reimbursement of the following expenses, calculated
11 without regard to the income of the adoptive [parents] parent,
12 are permissible and are not in violation of 18 Pa.C.S. § 4305
13 (relating to dealing in infant children):
14 (1) Medical [and], hospital, nursing, pharmaceutical,
15 travel or other similar expenses incurred by the [natural
16 mother for prenatal care and those medical and hospital
17 expenses incurred by the natural] birth mother [and] or her
18 child incident to birth or any illness of the child.
19 * * *
20 (3) Reasonable expenses incurred by the agency or a
21 third party for adjustment counseling and training services
22 provided to the adoptive parents [and for home studies], for
23 family profiles or investigations.
24 * * *
25 (5) Expenses for adoption-related counseling services
26 for a birth parent and for counseling services for the child
27 for a reasonable time before and after the child's placement
28 for adoption.
29 (6) Living expenses of a birth mother, which are limited
30 to food, clothing and shelter, for a reasonable time before
20070H0963B1148 - 29 -
1 the birth of her child and for no more than six weeks after
2 the birth.
3 (7) Foster care expenses for a child who is not in the
4 custody of a county agency.
5 (8) Expenses for legal services performed for a birth
6 parent who consents to the adoption of a child or
7 relinquishes the child to an agency.
8 (9) Expenses for any other service the court finds to be
9 reasonably necessary.
10 Section 15. Section 2534 of Title 23 is amended by adding
11 paragraphs to read:
12 § 2534. Exhibits.
13 The report of the intermediary shall have attached to it the
14 following exhibits:
15 * * *
16 (4) A copy of the supervisory reports prepared by the
17 supervising agency.
18 (5) If obtained, a copy of the medical and personal
19 history information of the birth parents.
20 Section 16. Section 2535(a) of Title 23 is amended to read:
21 § 2535. Investigation.
22 (a) General rule.--When a report required by section 2531
23 (relating to report of intention to adopt) has been filed, the
24 court shall cause an investigation to be made and a report to be
25 filed by a [local public child care] county agency[, a voluntary
26 child care] or an adoption agency with its consent [or an
27 appropriate person designated by the court]. In lieu of the
28 investigation, the court may accept an investigation made by the
29 agency which placed the child and the report of investigation in
30 such cases may be incorporated into the report of the
20070H0963B1148 - 30 -
1 intermediary required by section 2533 (relating to report of
2 intermediary).
3 * * *
4 Section 17. Title 23 is amended by adding a section to read:
5 § 2536. Postplacement supervision.
6 An agency supervising an adoption shall conduct postplacement
7 supervision, consisting of a minimum of three visits to the
8 adoptive home.
9 Section 18. Subchapter E heading and sections 2551, 2552,
10 2553, 2554, 2555, 2556 and 2558(2) of Title 23 are amended to
11 read:
12 SUBCHAPTER E
13 PENNSYLVANIA ADOPTION [COOPERATIVE EXCHANGE] REGISTRY
14 § 2551. Definitions.
15 The following words and phrases when used in this subchapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18 ["Department." The Department of Public Welfare of the
19 Commonwealth.]
20 "[PACE] PAR." The Pennsylvania Adoption [Cooperative
21 Exchange] Registry established in section 2552 (relating to
22 Pennsylvania Adoption Registry).
23 § 2552. Pennsylvania Adoption [Cooperative Exchange] Registry.
24 There shall be a Pennsylvania Adoption [Cooperative Exchange]
25 Registry in the Office of Children, Youth and Families of the
26 [Department of Public Welfare] department.
27 § 2553. Registration of children.
28 (a) Mandatory registration.--[PACE] PAR shall register and
29 be responsible for the review and referral of children for whom
30 parental rights have been terminated for [90] 30 days and for
20070H0963B1148 - 31 -
1 whom no report of intention to adopt has been filed in the court
2 of common pleas.
3 (b) Optional registration.--[PACE may also]
4 (1) PAR may register children [where] if:
5 (i) restoration to the biological family is neither
6 possible nor appropriate[,];
7 (ii) a petition to terminate parental rights has
8 been filed; and
9 (iii) adoption is planned pending identification of
10 an adoptive parent [or parents. However, information].
11 (2) PAR may register children with a court-approved goal
12 of adoption if:
13 (i) the court-approved goal of adoption has not been
14 appealed within 30 days; and
15 (ii) a petition to terminate parental rights has not
16 been filed.
17 (3) Information about these children shall not be
18 publicized without prior approval by the department, which
19 shall ensure the anonymity of these children until such time
20 as parental rights are terminated.
21 (c) Children excluded from registration.--A child for whom
22 termination of parental rights is being appealed in a court
23 shall not be registered with [PACE] PAR as available for
24 adoption. Identifying information of such children shall be
25 forwarded to [PACE] PAR by the agency, with reference to the
26 specific reason for which the child is not to be placed on the
27 listing service.
28 § 2554. Responsibilities of [PACE] PAR.
29 [PACE] PAR shall be responsible for the following:
30 (1) Registration of adoptive parent applicants who have
20070H0963B1148 - 32 -
1 been approved by agencies.
2 (2) Accumulation and dissemination of statistical
3 information regarding all children registered with [PACE]
4 PAR.
5 (3) Creation and administration of a public information
6 program designed to inform potential adoptive parents of the
7 need for adoptive homes for children registered with [PACE]
8 PAR.
9 (4) Preparation and distribution of a photographic
10 listing service on children registered with [PACE] PAR.
11 (5) Preparation of annual [reports] report concerning
12 functions of [PACE] PAR regarding the children and the
13 prospective parents listed with [PACE] it. The [reports]
14 report shall be submitted annually by May 1 to the [Health
15 and Welfare and Judiciary Committees] Governor and the
16 appropriate standing committees of the Senate and of the
17 House of Representatives[, to the Public Health and Welfare
18 and Judiciary Committees of the Senate and to the Governor].
19 The report shall include program and fiscal information
20 regarding PAR and additional Commonwealth and local
21 initiatives involving the recruitment of families interested
22 in adopting a child with special needs. As used in this
23 paragraph, the term "child with special needs" means an
24 "eligible child," as defined in section 772 of the act of
25 June 13, 1967 (P.L.31, No.21), known as the Public Welfare
26 Code.
27 (6) Coordination of its functions with other state,
28 regional and national adoption exchanges.
29 § 2555. Responsibilities of [public and private] agencies.
30 [All public and licensed private child service agencies] An
20070H0963B1148 - 33 -
1 agency shall register with PAR all children [with PACE] for whom
2 parental rights have been terminated for [90] 30 days and for
3 whom no report of intention to adopt has been filed in the court
4 of common pleas. [A public or licensed private] An agency may
5 register other children as set forth in section 2553(b)
6 (relating to registration of children). An agency shall advise
7 prospective adopting parents of the existence of PAR.
8 § 2556. Related activities of agencies unaffected.
9 This subchapter shall not be construed to limit or delay
10 actions by agencies [or institutions] to arrange for adoptions
11 or other related matters on their own initiative and shall not
12 alter or restrict the duties, authority and confidentiality of
13 the agencies [and institutions] in those matters.
14 § 2558. Retroactive application of subchapter.
15 This subchapter shall apply retroactively to all children for
16 whom:
17 * * *
18 (2) Restoration to the [biological] birth family is
19 neither possible nor appropriate, a petition to terminate
20 parental rights has been filed and adoption is planned
21 pending identification of an adoptive parent [or parents].
22 Section 19. Section 2701(1), (2) and (4) of Title 23 are
23 amended and the section is amended by adding paragraphs to read:
24 § 2701. Contents of petition for adoption.
25 A petition for adoption shall set forth:
26 (1) The full name, residence, marital status, age,
27 occupation, religious affiliation and racial background of
28 the adopting parent [or parents] and [their] the
29 relationship, if any, to the adoptee.
30 (2) That the reports under sections 2530 (relating to
20070H0963B1148 - 34 -
1 [home study and preplacement report] family profile), 2531
2 (relating to report of intention to adopt) and 2533 (relating
3 to report of intermediary) have been filed, if required.
4 (2.1) That the criminal and child abuse history record
5 information required by sections 2530(b)(2) and 2531.1
6 (relating to criminal and child abuse background checks for
7 stepparent or relative adoptions), has been filed with the
8 court.
9 * * *
10 (4) The full name of the adoptee and the fact and length
11 of time of the residence of the adoptee with the adopting
12 parent [or parents].
13 * * *
14 (10) That an investigation required under section 2535
15 (relating to investigation) has been completed.
16 (11) Either:
17 (i) that the medical and personal history of the
18 birth parents has been obtained; or
19 (ii) the reason that the information under
20 subparagraph (i) has not been obtained.
21 (12) The dates of the supervision of the adoptive
22 placement.
23 Section 20. Section 2702 of Title 23 is amended by adding
24 paragraphs to read:
25 § 2702. Exhibits.
26 The petition shall have attached to it the following
27 exhibits:
28 * * *
29 (3) Any report of investigation required under section
30 2535 (relating to investigation).
20070H0963B1148 - 35 -
1 (4) If obtained, the personal and medical history of the
2 birth parents.
3 (5) A copy of the postplacement supervisory reports.
4 Section 21. Section 2711(b) and (d) of Title 23 are amended
5 and the section is amended by adding subsections to read:
6 § 2711. Consents necessary to adoption.
7 * * *
8 (b) Husband of [natural] birth mother.--The consent of the
9 [husband of the mother] presumptive father shall not be
10 necessary if, after notice to [the husband, it is proved to the
11 satisfaction of] him, the court finds, by clear and convincing
12 evidence, including testimony of the [natural] birth mother,
13 that the [husband of the natural mother] presumptive father is
14 not the [natural] birth father of the child. [Absent such proof,
15 the consent of a former husband of the natural mother shall be
16 required if he was the husband of the natural mother at any time
17 within one year prior to the birth of the adoptee.]
18 * * *
19 (c.1) Consent from another jurisdiction.--The validity and
20 revocability of a consent to adoption or a similar document
21 executed outside this Commonwealth shall be determined by the
22 law of the jurisdiction in which the document was executed.
23 (d) Contents of consent.--
24 (1) [The] Unless a parent consents to an adoption by the
25 parent's spouse, the consent of a parent of an adoptee under
26 18 years of age shall set forth the name, age and marital
27 status of the parent, the relationship of the consenter to
28 the child, the name of the other parent [or parents] of the
29 child and the following:
30 I hereby voluntarily and unconditionally consent to
20070H0963B1148 - 36 -
1 the adoption of the above named child.
2 I understand that by signing this consent I indicate
3 my intent to permanently give up all rights to this
4 child.
5 I understand such child will be placed for adoption.
6 I understand that I have a right to consult an
7 attorney who is not the attorney for the adopting
8 parents. I understand that if I am less than 18 years of
9 age, I must be represented by an attorney.
10 I have been informed of the meaning and consequences
11 of adoption.
12 I have been offered adoption-related counseling
13 services.
14 I understand the consequences of misidentifying the
15 other birth parent of the child.
16 I understand that I have the right to place personal
17 and medical history information on file with the court,
18 the Department of Health and the Department of Public
19 Welfare under section 2905(d) (relating to impounding of
20 proceedings and access to records).
21 I understand I may revoke this consent to permanently
22 give up all rights to this child by placing the
23 revocation in writing and [serving] delivering it [upon]
24 to the agency or adult to whom the child was
25 relinquished.
26 If I am the birth father or putative father of the
27 child, I understand that this consent to an adoption is
28 irrevocable unless I revoke it within 30 days after
29 either the birth of the child or my execution of the
30 consent, whichever occurs later, by delivering a written
20070H0963B1148 - 37 -
1 revocation to (insert the name and address of the agency
2 coordinating the adoption) or (insert the name and
3 address of an attorney who represents the individual
4 relinquishing parental rights or prospective adoptive
5 parent of the child) or (insert the court of the county
6 in which the voluntary relinquishment form was or will be
7 filed).
8 If I am the birth mother of the child, I understand
9 that this consent to an adoption is irrevocable unless I
10 revoke it within 30 days after executing it by delivering
11 a written revocation to (insert the name and address of
12 the agency coordinating the adoption) or (insert the name
13 and address of an attorney who represents the individual
14 relinquishing parental rights or prospective adoptive
15 parent of the child) or (insert the court of the county
16 in which the voluntary relinquishment form was or will be
17 filed). Department of Health and the Department of Public
18 Welfare under section 2905(d) (relating to impounding of
19 proceedings and access to records).
20 I have read and understand the above and I am signing
21 it as a free and voluntary act.
22 (2) The consent shall include the date and place of its
23 execution and names and addresses and signatures of at least
24 two persons who witnessed its execution and their
25 relationship to the consenter.
26 (3) A consent to a proposed adoption may identify the
27 adopting parent.
28 (4) If a parent executing the consent is a minor, the
29 consent must state that the parent has been:
30 (i) represented by an attorney who is not
20070H0963B1148 - 38 -
1 representing an adoptive parent; and
2 (ii) advised of the parent's legal rights.
3 (5) The consent must state that the parent has been
4 informed of the right to have an attorney who is not
5 representing an adoptive parent.
6 (6) The consent shall not be valid unless the parent
7 provides a written acknowledgment that adoption-related
8 counseling services have been offered. If counseling services
9 have been provided, the name and address of the agency which
10 provided the counseling must be set forth in the consent.
11 (e) Information.--Before executing a consent, a parent must
12 be informed of the meaning and consequences of adoption, the
13 consequences of misidentifying the other birth parent, and the
14 right to place personal and medical history information on file
15 with the court, the Department of Health and the department
16 under section 2905(d).
17 Section 22. Title 23 is amended by adding a section to read:
18 § 2711.1. Termination of parental rights pursuant to consent.
19 (a) Petition.--
20 (1) If the parent of the child executes a consent to
21 adoption under section 2711 (relating to consents necessary
22 to adoption) and the time periods under section 2711(c) have
23 expired, the intermediary may petition the court to hold a
24 hearing for the purpose of determining whether the consent is
25 valid under section 2711, and to terminate parental rights
26 pursuant to the consent. In the case where there is no
27 intermediary, the adopting parent may file the petition.
28 (2) The original consent, and any other documentation
29 which demonstrates the validity of the consent, must be
30 attached to the petition.
20070H0963B1148 - 39 -
1 (b) Hearing.--
2 (1) Upon presentation of a petition under subsection
3 (a), the court shall fix a time for a hearing not less than
4 ten days after filing of the petition.
5 (2) Notice of the hearing must be by personal service or
6 by registered mail to the last known address or by such other
7 means as the court may require upon the individual who
8 executed the consent and must be in the following form:
9 A petition has been filed asking the court to
10 determine the validity of the consent to adoption that
11 you signed regarding your child (name of child). If the
12 court determines that your consent to the adoption of
13 your child is valid, your rights as a parent to your
14 child shall be terminated. The hearing will be held in
15 (insert place, giving reference to exact room and
16 building number or designation) on (insert date) at
17 (insert time). You are not required to attend the
18 hearing. You should take this paper to your lawyer at
19 once. If you do not have a lawyer or cannot afford one,
20 go to or telephone the office set forth below to find out
21 where you can get legal help.
22 (Name)...................
23 (Address)................
24 .........................
25 (Telephone number).......
26 (3) Notice of the hearing must be given to the other
27 parent, to the putative father and to the parent or guardian
28 of a consenting parent who has not reached 18 years of age.
29 (4) The notice which is given to the putative father
30 must state that his rights may also be subject to termination
20070H0963B1148 - 40 -
1 under subsection (d) if he fails to file a written objection
2 to the termination with the court prior to the hearing or
3 fails to appear at the hearing for the purpose of objecting
4 to the termination of his rights. If the identity or
5 whereabouts of the putative father are unknown, notice must
6 be given under section 2514 (relating to notice if putative
7 father or his whereabouts unknown).
8 (c) Custody of child.--During the pendency of a proceeding
9 under this section, unless the court directs otherwise, custody
10 of the child shall remain with the individual or agency that had
11 custody at the time the petition was filed.
12 (d) Termination of parental rights of putative father.--If a
13 putative father has been given notice of the hearing being held
14 under this section, the court may enter a decree terminating his
15 parental rights whether or not he has filed an acknowledgment of
16 paternity or claim of paternity under section 5103 (relating to
17 acknowledgment and claim of paternity), if any of the following
18 paragraphs apply:
19 (1) The putative father fails to:
20 (i) file a written objection to the termination of
21 his parental rights with the court prior to the hearing;
22 or
23 (ii) appear at the hearing for the purpose of
24 objecting to such termination.
25 (2) The court determines, after a hearing, that the
26 putative father has failed to:
27 (i) provide substantial financial support for the
28 child; or
29 (ii) make substantial and ongoing provision for the
30 child's care.
20070H0963B1148 - 41 -
1 (e) Right to file personal and medical history
2 information.--At the time the decree of termination is
3 transmitted to the parent, the court shall, in writing, advise
4 the parent whose rights have been terminated of the parent's
5 continuing right to place and update personal and medical
6 history information, on file with the court, the Department of
7 Health and the department under section 2905(d) (relating to
8 impounding of proceedings and access to records).
9 Section 23. Section 2712 of Title 23 is repealed:
10 [§ 2712. Consents not naming adopting parents.
11 A consent to a proposed adoption meeting all the requirements
12 of this part but which does not name or otherwise identify the
13 adopting parent or parents shall be valid if it contains a
14 statement that it is voluntarily executed without disclosure of
15 the name or other identification of the adopting parent or
16 parents.]
17 Section 24. Title 23 is amended by adding a section to read:
18 § 2715. Judicial set-aside.
19 A consent which is otherwise irrevocable under section 2711
20 (relating to consents necessary to adoption) or a decree
21 terminating parental rights under section 2711.1 (relating to
22 termination of parental rights pursuant to consent) shall be set
23 aside by the court, before a decree of adoption is entered,
24 under any of the following circumstances:
25 (1) It is proven by clear and convincing evidence that
26 the consent was obtained by fraud or duress.
27 (2) The parental rights of the other birth parent have
28 not been terminated, except for an adoption by a stepparent.
29 (3) A prospective adoptive parent named in the consent
30 fails to file a petition for adoption.
20070H0963B1148 - 42 -
1 (4) The petition for adoption filed by a prospective
2 parent named in the consent is denied or withdrawn.
3 Section 25. Sections 2721, 2722, 2723, 2724(b), 2725, 2901,
4 2902 and 2904 of Title 23 are amended to read:
5 § 2721. Notice of adoption hearing.
6 The court shall fix a time and place for the adoption
7 hearing. Notice of the hearing shall be given to all persons
8 whose consents are required and to such other persons as the
9 court shall direct. Notice to the parent [or parents] of the
10 adoptee, if required, may be given by the intermediary or
11 someone acting on his behalf. Notice shall be by personal
12 service or by registered mail to the last known address of the
13 person to be notified or in such other manner as the court shall
14 direct.
15 § 2722. Place of adoption hearing.
16 The adoption hearing shall be private [or in open court as
17 the court deems appropriate].
18 § 2723. Attendance at adoption hearing.
19 The adopting parent [or parents] and the adoptee must appear
20 at and, if required, testify at the adoption hearing under oath
21 unless the court determines their presence is unnecessary. In
22 addition, the court may require the appearance and testimony of
23 all persons whose consents are required by this part and
24 representatives of agencies or individuals who have acted as an
25 intermediary if their appearance or testimony would be necessary
26 or helpful to the court.
27 § 2724. Testimony and investigation.
28 * * *
29 (b) Investigation.--The court may request that an
30 investigation be made by a [person or public] county agency or,
20070H0963B1148 - 43 -
1 with its consent, [a voluntary] an adoption agency,
2 [specifically] designated by the court to verify the statements
3 of the petition and such other facts that will give the court
4 full knowledge of the desirability of the proposed adoption, [or
5 the court may rely in whole or in part upon a report] unless an
6 earlier investigation has been made under section 2535 (relating
7 to investigation). In any case, the age, sex, health, social and
8 economic status or racial, ethnic or religious background of the
9 child or adopting [parents] parent shall not preclude an
10 adoption but the court shall decide its desirability on the
11 basis of the physical, mental and emotional needs and welfare of
12 the child.
13 * * *
14 § 2725. Religious belief.
15 The intermediary may honor the preference of the [natural]
16 birth parents as to the religious faith in which the adoptive
17 parents intend to rear the adopted child. No person shall be
18 denied the benefits of this part because of a religious belief
19 in the use of spiritual means or prayer for healing.
20 § 2901. Time of entry of decree of adoption.
21 Unless the court for cause shown determines otherwise, no
22 decree of adoption shall be entered unless the [natural parent
23 or] parents' rights have been terminated, the investigation
24 required by section 2535 (relating to investigation) or 2724(b)
25 (relating to testimony and investigation) has been completed,
26 the report of the intermediary has been filed pursuant to
27 section 2533 (relating to report of intermediary) and all other
28 legal requirements have been met. If all legal requirements have
29 been met, the court may enter a decree of adoption at any time.
30 § 2902. Requirements and form of decree of adoption.
20070H0963B1148 - 44 -
1 (a) General rule.--If satisfied that the statements made in
2 the adoption petition are true, that the needs and welfare of
3 the person proposed to be adopted will be promoted by the
4 adoption and that all requirements of this part have been met,
5 the court shall enter a decree so finding and directing that the
6 person proposed to be adopted shall have all the rights of a
7 child and heir of the adopting parent [or parents] and shall be
8 subject to the duties of a child to [him or them] the adopting
9 parent.
10 (b) Withdrawal or dismissal of petition.--In any case in
11 which the adoption petition is withdrawn or dismissed, the court
12 shall enter an appropriate order in regard to the custody of the
13 child.
14 (c) Finality.--
15 (1) A decree or order issued under this part may not be
16 set aside, vacated, annulled or reversed upon application of
17 a person who waived notice or who was properly served with
18 notice under this part and failed to respond or appear or to
19 file an answer within the time allowed.
20 (2) A decree of adoption or other order issued under
21 this part is not subject to a challenge filed more than 60
22 days after the decree or order is issued.
23 § 2904. Name of adoptee.
24 [If requested by the petitioners, the] The decree [may
25 provide that the adoptee] shall [assume] state the name [of the
26 adopting parent or parents and any given first or middle names
27 that may be chosen] by which the adoptee is to be known from the
28 date of the decree.
29 Section 26. Section 2905 of Title 23 is amended to read:
30 § 2905. Impounding of proceedings and access to records.
20070H0963B1148 - 45 -
1 (a) General rule.--All petitions, exhibits, reports, notes
2 of testimony, decrees, and other papers pertaining to any
3 proceeding under this part or former statutes relating to
4 adoption shall be kept in the files of the court as a permanent
5 record thereof and withheld from inspection except on an order
6 of court granted upon cause shown or except as otherwise
7 provided in this section. In the case of an adult adoptee who is
8 assuming a name under section 2904 (relating to name of
9 adoptee), an order of court is not required for the court to
10 forward to the Pennsylvania State Police documentation in
11 accordance with 54 Pa.C.S. § 702 (relating to change by order of
12 court). Only the court in the county in which an adoption was
13 finalized, the agency which handled the adoption or a successor
14 agency authorized by the court may access records relating to
15 the adoption for purposes of releasing nonidentifying or
16 identifying information pursuant to this section. Any report
17 required to be filed under sections 2530 (relating to [home
18 study and preplacement report] family profile), 2531 (relating
19 to report of intention to adopt) [and], 2535 (relating to
20 investigation) and 2724(b) (relating to testimony and
21 investigation) shall be made available to parties to an adoption
22 proceeding only after all identifying names and addresses in the
23 report have been extirpated by the court.
24 (b) Petition to court or request to agency for [limited]
25 nonidentifying information.--[Upon petition by any adoptee at
26 least 18 years of age or, if less than 18, his adoptive parent
27 or legal guardian to the court in the judicial district in which
28 the permanent records relating to the adoption have been
29 impounded, the court shall furnish to the adoptee as much
30 information concerning the adoptee's natural parents as will not
20070H0963B1148 - 46 -
1 endanger the anonymity of the natural parents. The information
2 shall first be reviewed, in camera, by the court to insure that
3 no information is revealed which would endanger the anonymity of
4 the natural parents. The court shall, upon motion of the
5 adoptee, examine the entire record to determine if any
6 additional information can safely be revealed without
7 endangering the anonymity of the natural parents.]
8 (1) A petition or request for nonidentifying information
9 may be filed with the court or agency by any of the
10 following:
11 (i) An adoptee who is 18 years of age or older.
12 (ii) An adoptive parent or legal guardian of an
13 adoptee who is under 18 years of age.
14 (iii) The birth parent of an adoptee who is 18 years
15 of age or older.
16 (iv) The parent of a birth parent of an adoptee who
17 is 18 years of age or older if the birth parent is
18 deceased or has been adjudicated incapacitated.
19 (v) A birth sibling of an adoptee if the birth
20 sibling and the adoptee are 18 years of age or older.
21 (2) If the court or agency receives a petition or
22 request for nonidentifying information from an individual
23 under paragraph (1), within 30 days it shall notify the
24 petitioner or requester whether it has in its possession any
25 records relating to the adoptee. If records are located, the
26 court or agency shall, within 90 days, review the records and
27 furnish to the petitioner or requester information concerning
28 the adoption which will not compromise the confidentiality of
29 the biological relationship between the adoptee and the
30 adoptee's birth parent. Unless the court or agency
20070H0963B1148 - 47 -
1 determines, due to unusual circumstances, that disclosure of
2 one or more of these items may facilitate the identification
3 of the birth parents or their extended family, nonidentifying
4 information about the birth parents shall include, to the
5 extent available, the following:
6 (i) Race/ethnic background.
7 (ii) Religion.
8 (iii) Approximate ages at time of adoptee's birth.
9 (iv) Marital status.
10 (v) Occupation.
11 (vi) Physical description. This paragraph includes
12 height, weight, complexion, eye and hair color.
13 (vii) Education.
14 (viii) Hobbies.
15 (ix) Medical information of birth parents and
16 adoptee.
17 (x) Other children at time of adoptee's birth,
18 including age and sex.
19 (xi) Circumstances leading to adoption.
20 (c) [Access to identity of natural parents] Petition to
21 court or request to agency for identifying information or
22 contact.--
23 [(1) Upon petition of an adoptee at least 18 years of
24 age or, if less than 18, his adoptive parent or legal
25 guardian, the court may also, through its designated agent,
26 attempt to contact the natural parents, if known, to obtain
27 their consent to release their identity and present place of
28 residence to the adoptee. The petition may state the reasons
29 why the adoptee desires to contact his natural parents, which
30 reasons shall be disclosed to the natural parents if
20070H0963B1148 - 48 -
1 contacted. However, the court and its agents shall take care
2 that none but the natural parents themselves are informed of
3 the adoptee's existence and relationship to them. The court
4 may refuse to contact the natural parents if it believes
5 that, under the circumstances, there would be a substantial
6 risk that persons other than the natural parents would learn
7 of the adoptee's existence and relationship to the natural
8 parents. The court shall appoint either the county children
9 and youth agency, or a private agency which provides adoption
10 services in accordance with standards established by the
11 Department of Public Welfare, to contact the natural parents
12 as its designated agent.
13 (2) In addition to petitioning the court to contact the
14 natural parents, an adoptee at least 18 years of age or, if
15 less than 18, his adoptive parent or legal guardian may
16 request the agency that placed the adoptee to contact his
17 natural parents. If the agency agrees to attempt to contact
18 the natural parents, it shall do so pursuant to the same
19 safeguards provided for court inquiries in paragraph (1).
20 (3) If the court or an agency contacts the natural
21 parents of an adoptee pursuant to a petition or request made
22 under paragraph (1) or (2), except as hereinafter provided,
23 information relating to both natural parents shall only be
24 disclosed to the adoptee if both natural parents agree to the
25 disclosure. If both of the natural parents are deceased,
26 their identities may be disclosed. If one parent is deceased,
27 his or her identity may be disclosed. If only one parent
28 agrees to the disclosure, then only the information relating
29 to the agreeing parent shall be disclosed.
30 (4) The Department of Public Welfare may, by regulation,
20070H0963B1148 - 49 -
1 prescribe procedures related to contact of natural parents by
2 designated agents of the court.]
3 (1) A petition or request for identifying information or
4 contact may be made by the following individuals:
5 (i) An adoptee 18 years of age or older.
6 (ii) The adoptive parent or legal guardian of an
7 adoptee under 18 years of age.
8 (iii) The birth parent of an adoptee 18 years of age
9 or older.
10 (iv) The parent of a birth parent of an adoptee 18
11 years of age or older if the birth parent is deceased or
12 has been legally adjudicated incapacitated.
13 (v) A birth sibling of an adoptee, if the birth
14 sibling and the adoptee are 18 years of age or older.
15 (2) The following individuals may be the subject of a
16 search:
17 (i) An adoptee 18 years of age or older.
18 (ii) A birth parent.
19 (iii) A parent of a birth parent of an adoptee 18
20 years of age or older if the birth parent is deceased or
21 has been legally adjudicated incapacitated.
22 (iv) A birth sibling of an adoptee if both the
23 adoptee and the birth sibling are at least 18 years of
24 age.
25 (3) If the court or agency receives a petition or
26 request for identifying information or contact, within 60
27 days it shall do all of the following:
28 (i) Determine whether it has in its possession any
29 records relating to the adoptee.
30 (ii) Notify any other court or agency listed in its
20070H0963B1148 - 50 -
1 records of the existence of a petition or request.
2 (iii) Notify the individual filing the petition or
3 request of its findings pursuant to this subsection.
4 (4) If records are located, a good faith search for
5 identifying information shall be commenced within 90 days.
6 The search shall only be conducted by the court in which the
7 adoption was finalized; by the agency which handled the
8 adoption; by a successor, by merger or acquisition, of the
9 agency which handled the adoption; or, if neither the agency
10 nor a successor exists, by an agency authorized by the court.
11 The court or agency shall appoint an authorized
12 representative to conduct a search. The following apply:
13 (i) The representative shall review the court and
14 agency records for identifying information regarding the
15 birth or adoptive family.
16 (ii) The representative shall use reasonable efforts
17 to locate the subject of a search.
18 (iii) If the subject of a search is located, the
19 representative shall obtain written authorization from
20 the subject before identifying information can be
21 released or contact between the parties is made.
22 (iv) If the subject of the search agrees or is
23 deceased, identifying information shall be disclosed to a
24 petitioner or requester.
25 (5) The department shall make available to authorized
26 representatives a standardized training program on conducting
27 searches under this part.
28 (c.1) Limitations of search.--No representative of the court
29 or agency conducting the search shall be required to make
30 inquiries which the representative believes may compromise the
20070H0963B1148 - 51 -
1 confidentiality of the biological relationship between the
2 adoptee and the adoptee's birth parent.
3 (c.2) Refusal to search.--Notwithstanding subsection (c),
4 the following apply:
5 (1) An agency receiving a request for identifying
6 information or contact may decline to perform a search if it
7 is satisfied that the request could cause physical or
8 emotional harm to the petitioner or others. The declining
9 agency shall refer the request to the court which handled the
10 adoption and inform the court of its reasons for declining
11 the petitioner's request. The agency shall notify the
12 petitioner of the referral and identify the court to which
13 the referral was made.
14 (2) A court receiving a petition for identifying
15 information or contact may decline to perform a search if it
16 is satisfied that the request could cause physical or
17 emotional harm to the petitioner or others.
18 (d) Disclosure of information.--
19 (1) No disclosure of information shall be made by the
20 court, an agency, the Department of Health or any other
21 Commonwealth agency regarding the adopted person's original
22 certificate of birth or regarding the documents of proof on
23 which the amended certificate of birth is based or relating
24 in any way to the [natural] birth parents unless the
25 disclosure is made pursuant to the provisions of this
26 section.
27 (2) Notwithstanding any other provision in this section
28 to the contrary, the [natural] birth parents may, at the time
29 of the termination of their parental rights pursuant to
30 Chapter 25 (relating to proceedings prior to petition to
20070H0963B1148 - 52 -
1 adopt) or at any time thereafter, place on file, with the
2 court and with the Department of Health, a consent form
3 granting permission for the court or the department to
4 disclose the information contained in the adoptee's original
5 certificate of birth, or any other identifying or
6 nonidentifying information pertaining to the [natural] birth
7 parents, at any time after the adoptee attains the age of 18
8 or, if less than 18, to his adoptive parent or legal
9 guardian. If both parents give their consent, the information
10 on the birth certificate may be disclosed. If only one parent
11 gives consent, only the identity of the consenting parent
12 shall be disclosed. The [natural parents] birth parent shall
13 be entitled to update those records, as necessary, to reflect
14 the [natural] birth parent's current address or any other
15 information pertaining to the [natural parents] birth parent.
16 The [information may only be disclosed upon the request of
17 the adoptee or his adoptive parent or legal guardian, and
18 the] consent of the [natural] birth parents may be withdrawn
19 at any time by filing a withdrawal of consent form with the
20 court and the department. The department shall prescribe by
21 regulation the procedure and forms to be utilized for the
22 giving, updating and withdrawal of the consent.
23 (3) An adoptee at least 18 years of age or, if less than
24 18 years of age, the parent or legal guardian of the adoptee
25 shall have access to any original or updated medical history
26 information on file with the court which entered the decree
27 of termination or the [Department of Public Welfare]
28 department. No medical history information shall be released
29 which would [endanger the anonymity of the natural parents.]
30 compromise the confidentiality of the biological relationship
20070H0963B1148 - 53 -
1 between the adoptee and the adoptee's birth parents.
2 (e) Immunity from liability.--Any person or agency,
3 including the Commonwealth or its political subdivision, that in
4 good faith acted or failed to act concerning any requirement of
5 this section shall be immune from civil or criminal liability
6 due to providing or refusing to provide services under this
7 section. In any proceeding, the good faith of a person or agency
8 acting under this section shall be presumed.
9 (f) Costs and fees.--A court or agency providing services
10 under subsection (b) or (c) may establish a schedule of fees for
11 services. The fees shall be reasonably related to the direct and
12 indirect costs associated with providing services.
13 Section 27. Title 23 is amended by adding a section to read:
14 § 2905.1. Mutual consent registry.
15 The department shall do all of the following:
16 (1) Establish a Statewide confidential registry for
17 receiving, filing and retaining documents requesting,
18 authorizing or prohibiting the release of identifying
19 information or contact.
20 (2) Prescribe and distribute forms or documents on which
21 an individual may request, authorize or refuse to authorize
22 the release of identifying information or contact.
23 (3) Devise a procedure for releasing identifying
24 information in the possession of the court or agency which
25 handled the adoption, upon receipt of an appropriate written
26 request and authorization.
27 (4) Cooperate with registries in other states to
28 facilitate the matching of documents under this chapter by
29 individuals in different states.
30 (5) Announce and publicize to the general public the
20070H0963B1148 - 54 -
1 existence of the registry and the procedure for the
2 consensual release of identifying information or contact.
3 Section 28. Sections 2906, 2907, 2909 and 2910 of Title 23
4 are amended to read:
5 § 2906. Docket entries.
6 Upon the filing of any decree under this part, the clerk
7 shall enter on the docket an entry showing the date of the
8 decree. Information identifying the [natural] birth parents
9 shall not be entered on the docket.
10 § 2907. Certificate of adoption.
11 The clerk shall issue to the adopting parent [or parents] a
12 certificate reciting that the court has granted the adoption.
13 The certificate shall not disclose the name of any [natural]
14 birth parent or the original name of the person adopted. The
15 certificate shall be accepted in any legal proceedings in this
16 Commonwealth as evidence of the fact that the adoption has been
17 granted.
18 § 2909. Medical history information.
19 (a) Delivery of information.--Prior to the finalization of
20 an adoption, medical history information shall, where
21 practicable, be delivered by the attending physician or other
22 designated person to the intermediary who shall deliver such
23 information to the adopting [parents] parent or [their] parent's
24 physician. In cases where there is no intermediary, medical
25 history information shall be delivered directly to the adopting
26 [parents] parent or [their] parent's physician.
27 (b) Editing of information.--Except as provided in section
28 2905 (relating to impounding of proceedings and access to
29 records), medical history information shall be edited before
30 delivery or release by the [Department of Public Welfare]
20070H0963B1148 - 55 -
1 department so as to remove any contents which would identify the
2 adoptee's [natural] birth family.
3 (c) Availability of information forms.--The [Department of
4 Public Welfare] department shall[, upon request, make available]
5 distribute to courts[,] and adoption agencies, and make
6 available upon request to individuals, medical history
7 information forms that enable parents whose rights have been
8 terminated to register and update medical history information
9 with the [Department of Public Welfare] department and with the
10 court which entered the decree of termination.
11 (c.1) Filing medical history information.--A birth parent
12 may update medical history information at any time with the
13 court that entered the decree of termination or with the
14 department by utilizing the forms made available under
15 subsection (c).
16 (c.2) Release of updated information.--At the request of an
17 adoptee who is 18 years of age or older, an adoptive parent of
18 an adoptee who is under 18 years of age or a guardian of an
19 adoptee who is under 18 years of age or incapacitated, the
20 department or the court that entered the decree of termination
21 may provide such information, as edited under section (b), to
22 the requester. Nothing in this part shall make the court or the
23 department liable for the accuracy of any updated medical
24 history information provided by a birth parent.
25 (d) Regulations.--The [Department of Public Welfare]
26 department shall, in consultation with the Department of Health,
27 prescribe by regulation the procedure to be utilized and to
28 develop the content of medical history information forms.
29 § 2910. Penalty for unauthorized disclosure.
30 Any officer or employee of the court, other than a judge
20070H0963B1148 - 56 -
1 thereof, the Department of Health, the [Department of Public
2 Welfare] department or any agency who willfully discloses
3 impounded or otherwise confidential information relating to an
4 adoption, other than as expressly authorized and provided in
5 this chapter, commits a misdemeanor of the third degree.
6 Section 29. The amendment, addition or repeal of the
7 following provisions of Title 23 shall apply to actions
8 initiated on or after the effective date of this act:
9 (1) Section 2102.
10 (2) Section 2313.
11 (3) Section 2501(a).
12 (4) Section 2502(a) and (c).
13 (5) Section 2503(b)(3), (c) and (d).
14 (6) Section 2504.
15 (7) Section 2505(c) and (d.1).
16 (8) Section 2511(a)(2), (3), (4), (6), (7), (10), (11)
17 and (12).
18 (9) Section 2512(c).
19 (10) Section 2513(c) and (d).
20 (11) Section 2514.
21 (12) Section 2531(b).
22 (13) Section 2535(a).
23 (14) Section 2701(2), (2.1) and (10).
24 (15) Section 2702(3).
25 (16) Section 2711(b), (c.1), (d) and (e).
26 (17) Section 2711.1.
27 (18) Section 2712.
28 (19) Section 2715.
29 (20) Section 2724(b).
30 (21) Section 2901.
20070H0963B1148 - 57 -
1 (22) Section 2902(c).
2 (23) Section 2905(b), (c) and (c.2).
3 Section 30. This act shall take effect as follows:
4 (1) The following provisions shall take effect
5 immediately:
6 (i) Section 29 of this act.
7 (ii) This section.
8 (2) The remainder of this act shall take effect in 60
9 days.
A24L23JKL/20070H0963B1148 - 58 -