THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY COHEN, JOSEPHS, CALTAGIRONE, MUNDY, DONATUCCI, FREEMAN, GEORGE, McGEEHAN, YOUNGBLOOD, O'NEILL, QUINN, MILLARD, HARPER, HENNESSEY, FRANKEL, GIBBONS, JOHNSON, KORTZ, DENLINGER, CREIGHTON, CARROLL, BROWN, BEYER, BENNINGHOFF, LONGIETTI, MOUL, MURT, M. O'BRIEN, PALLONE, SIPTROTH, K. SMITH, SWANGER AND VULAKOVICH, JUNE 16, 2009

REFERRED TO COMMITTEE ON JUDICIARY, JUNE 16, 2009  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, further defining "adoptee"; and

further providing for the submission of medical history

information to the Adoption Medical History Registry.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  The definition of "adoptee" in section 2102 of

Title 23 of the Pennsylvania Consolidated Statutes is amended to

read:

§ 2102.  Definitions.

The following words and phrases when used in this part shall

have, unless the context clearly indicates otherwise, the

meanings given to them in this section:

"Adoptee."  An individual proposed to be adopted or an

individual who is adopted.

* * *

Section 2.  Sections 2503(e) and 2504(d) of Title 23 are

amended and the sections are amended by adding subsections to

read:

§ 2503.  Hearing.

* * *

(e)  Right to file personal [and medical history]

information.--At the time the decree of termination is

transmitted to the parent whose rights are terminated, the court

shall advise that parent, in writing, of his or her continuing

right to place and update personal [and medical history]

information[, whether or not the medical condition is in

existence or discoverable at the time of adoption,] on file with

the court and with the Department of [Public Welfare] Health 

pursuant to section 2905(d) (relating to impounding of

proceedings and access to records).

(f)  Obligation to file medical history information.--At the

time the parent of the child petitions the court for permission

to relinquish forever all parental rights to his or her child,

the court shall advise that parent, in writing, that he or she

shall place nonidentifying medical history information on file

with the court and with the Department of Public Welfare in the

Adoption Medical History Registry.

§ 2504.  Alternative procedure for relinquishment.

* * *

(d)  Right to file personal [and medical history]

information.--At the time the decree of termination is

transmitted to the parent, the court shall also advise, in

writing, the parent whose rights have been terminated of his or

her continuing right to place and update personal [and medical

history] information[, whether or not the medical condition is

in existence or discoverable at the time of adoption,] on file

with the court and with the Department of [Public Welfare]

Health pursuant to section 2905(d) (relating to impounding of

proceedings and access to records).

(e)  Obligation to file medical history information.--At the

time the parent of the child petitions the court for permission

to relinquish forever all parental rights to his or her child,

the court shall advise that parent, in writing, that he or she

shall place nonidentifying medical history information on file

with the court and with the Department of Public Welfare in the

Adoption Medical History Registry.

Section 3.  Section 2909 of Title 23 is amended to read:

§ 2909.  Medical history information.

(a)  Delivery of information.--Prior to the finalization of

an adoption, medical history information shall, where

practicable, be delivered by the attending physician or other

designated person to the intermediary who shall deliver such

information to the adopting parents or their physician. In cases

where there is no intermediary, medical history information

shall be delivered directly to the adopting parents or their

physician. In addition, each birth parent shall provide

accurate, nonidentifying medical history information to the

Department of Public Welfare, for filing in the Adoption Medical

History Registry, at the time the parent petitions the court for

permission to relinquish forever all parental rights to his or

her child.

(b)  Editing of information.--Except as provided in section

2905 (relating to impounding of proceedings and access to

records), medical history information shall be edited before

delivery or release by the Department of Public Welfare so as to

remove any contents which would identify the adoptee's natural

family.

(c)  Availability of information forms.--The Department of

Public Welfare shall, upon request, make available to courts,

adoption agencies and individuals medical history information

forms that enable parents whose rights have been terminated to

register and update medical history information as required in

subsection (a) and sections 2503(f) (relating to hearing) and

2504(e) (relating to alternative procedure for relinquishment) 

with the Department of Public Welfare and with the court which

entered the decree of termination.

(d)  Regulations.--The Department of Public Welfare shall, in

consultation with the Department of Health, prescribe by

regulation the procedure to be utilized and to develop the

content of medical history information forms.

Section 4.  This act shall apply to all terminations of

parental rights which occur on or after the effective date of

this act.

Section 5.  This act shall take effect September 1, 2009.