THE GENERAL ASSEMBLY OF PENNSYLVANIA

SENATE BILL

INTRODUCED BY GREENLEAF, M. WHITE, MUSTO, TARTAGLIONE, FONTANA, O'PAKE, MELLOW, BROWNE, PICCOLA, STACK, WARD, ALLOWAY, ERICKSON, BOSCOLA, EARLL, MENSCH, WASHINGTON, SCARNATI, BRUBAKER, KASUNIC, PILEGGI, PIPPY, WILLIAMS, CORMAN, LEACH AND TOMLINSON, MAY 7, 2010

SENATOR CORMAN, APPROPRIATIONS, RE-REPORTED AS AMENDED, SEPTEMBER 20, 2010   

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in adoption, further providing for

hearing, for alternative procedure for relinquishment and for

grounds for involuntary termination; providing for voluntary

agreement for continuing contact; further providing for

impounding of proceedings and access to records and for

medical history information; providing for records and access

to information; establishing an information registry; and

making editorial changes.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Sections 2503(e), 2504(d) and 2511(c) of Title 23

of the Pennsylvania Consolidated Statutes are amended 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 pursuant to

[section 2905(d) (relating to impounding of proceedings and

access to records)] Subchapter B of Chapter 29 (relating to

records and access to information).

§ 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 pursuant to

[section 2905(d) (relating to impounding of proceedings and

access to records)] Subchapter B of Chapter 29 (relating to

records and access to information).

§ 2511.  Grounds for involuntary termination.

* * *

(c)  Right to file personal and medical history

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

transmitted to the parent whose rights have been terminated, the

court shall advise the 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 pursuant to

[section 2905(d) (relating to impounding of proceedings and

access to records)] Subchapter B of Chapter 29 (relating to

records and access to information).

Section 2.  Chapter 27 of Title 23 is amended by adding a

subchapter to read:

SUBCHAPTER D

VOLUNTARY AGREEMENT FOR

CONTINUING CONTACT

Sec.

2731.  Purpose of subchapter.

2732.  Definitions.

2733.  Parties to agreement.

2734.  Consent of a child.

2735.  Filing and approval of an agreement.

2736.  Failure to comply.

2737.  Modification of agreement.

2738.  Enforcement of agreement.

2739.  Discontinuance of agreement.

2740.  Procedures for facilitating and resolving agreements

involving a county child welfare agency.

2741.  Counsel.

2742.  Costs.

§ 2731.  Purpose of subchapter.

The purpose of this subchapter is to provide an option for

adoptive parents and birth relatives to enter into a voluntary

agreement for ongoing communication or contact that:

(1)  is in the best interest of the child;

(2)  recognizes the parties' interests and desires for

ongoing communication or contact;

(3)  is appropriate given the role of the parties in the

child's life; and

(4)  is subject to approval by the courts.

§ 2732.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency."  A public or private entity, including a county

agency, that:

(1)  Is is licensed, supervised or regulated by the

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Department of Public Welfare.; and

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(2)  Provides provides adoption services.

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"Agreement."  A voluntary written agreement between an

adoptive parent and a birth relative that is approved by a court

and provides for continuing contact between a or communication

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between the child and the birth relative or between the adoptive

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parent and the birth relative as provided under this subchapter.

"Birth relative."  A parent, grandparent, stepparent,

sibling, uncle or aunt of the child's birth family, whether the

relationship is by blood, marriage or adoption.

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"Child."  An individual who is under 18 years of age.

"County agency."  A county children and youth social service

agency established under section 405 of the act of June 24, 1937

(P.L.2017, No.396), known as the County Institution District

Law, or its successor, and supervised by the Department of

Public Welfare under Article IX of the act of June 13, 1967

(P.L.31, No.21), known as the Public Welfare Code.

"Department."  The Department of Public Welfare of the

Commonwealth.

§ 2733.  Parties to agreement.

(a)  Prospective adoptive parents and birth relatives.--A

prospective adoptive parent of a child may enter into an

agreement with a birth relative of a the child to permit

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continuing contact between a child and a birth relative.

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(b)  Requirements for birth relatives.--

(1)  A birth relative that enters into an agreement must

have established emotional ties with the child creating an

ongoing personal relationship.

(2)  If the child is under one year of age, the ongoing

personal relationship between the birth relative and the

child must have continued for at least half of the child's

life, unless the birth relative is the birth parent of the

child or communication between the child and the birth

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relative or between the adoptive parent and the birth

relative.

(c) (b)  Guardians ad litem for siblings of adoptees.--Where

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siblings have been freed for adoption through the termination of

parental rights, following a dependency proceeding, and the

prospective adoptive parent is not adopting all of the siblings,

each such sibling who is under 18 years of age shall be

represented by a guardian ad litem in the development of an

agreement.

(c)  Notification.--An agency or anyone representing the

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parties in an adoption shall provide notification to a

prospective adoptive parent, a birth parent and a child who can

be reasonably expected to understand that a prospective adoptive

parent and a birth relative of a child have the option to enter

into a voluntary agreement for continuing contact or

communication.

(d)  Construction.--Nothing in this chapter shall be

construed to prohibit the parties from agreeing to mediation of

an agreement at their own cost, including the modification of an

agreement, before seeking a remedy from the court.

§ 2734.  Consent of a child.

If the child is 12 years of age or older, an agreement made

under this subchapter may not be entered into without the

child's consent.

§ 2735.  Filing and approval of an agreement.

(a)  General rule.--An agreement shall be filed with the

court that finalizes the adoption of the child.

(b)  Conditions for approval.--The court shall approve the

agreement if the court determines that:

(1)  The agreement has been entered into knowingly and

voluntarily by all parties. An affidavit made under oath must

accompany the agreement affirmatively stating that the

agreement was entered into knowingly and voluntarily and is

not the product of coercion, fraud or duress. The affidavit

may be executed jointly or separately.

(2)  The agreement is in the best interest of the child.

In making that determination, factors that the court may

consider include, but are not limited to, the following:

(i)  The length of time that the child has been under

actual care, custody and control of a person other than a

birth parent and the circumstances relating thereto.

(ii)  The interaction and interrelationship of the

child with birth relatives and other persons who

routinely interact with the birth relatives and may

significantly affect the child's best interests.

(iii)  The adjustment to the child's home, school and

community.

(iv)  The willingness and ability of the birth

relative to respect and appreciate the bond between the

child and prospective adoptive parent.

(v)  The willingness and ability of the prospective

adoptive parent to respect and appreciate the bond

between the child and the birth relative.

(vi)  Any evidence of abuse or neglect of the child.

(c)  Legal effect.--An agreement shall not be legally

enforceable unless approved by the court.

§ 2736.  Failure to comply.

Failure to comply with the terms of an agreement that has

been approved by the court pursuant to this subchapter shall not

be grounds for setting aside an adoption decree.

§ 2737.  Modification of agreement.

(a)  General rule.--Only the adoptive parent or a child who

is 12 years of age or older may seek to modify an agreement by

filing an action in the court that finalized the adoption.

(b)  Standard for modification.--Before the court may enter

an order modifying the agreement, it must find by clear and

convincing evidence that modification serves the needs, welfare

and best interest of the child.

§ 2738.  Enforcement of agreement.

(a)  General rule.--Any party to an agreement, a sibling or a

child who is the subject of an agreement may seek to enforce an

agreement by filing an action in the court that finalized the

adoption.

(b)  Remedies.--Any party to an agreement, a sibling or a

child who is the subject of an agreement may request only

specific performance in seeking to enforce an agreement and may

not request monetary damages or modification of an agreement.

(c)  Requirements.--For an agreement to be enforceable, it

must be:

(1)  In writing.

(2)  Approved by the court on or before the date for any

adoption decree.

(3)  If the child is 12 years of age or older when the

agreement is executed, the child must consent to the

agreement at the time of its execution.

(d)  Prerequisites.--Before the court may enter an order

enforcing an agreement, it must find all of the following:

(1)  The party seeking enforcement of the agreement is in

substantial compliance with the agreement.

(2)  By clear and convincing evidence, enforcement serves

the needs, welfare and best interest of the child.

(e)  Cessation of enforceability.--

(1)  An agreement shall cease to be enforceable on the

date the child turns 18 years of age unless the agreement

otherwise stipulates or is modified by the court.

(2)  The court issuing final approval of an agreement

shall have continuing jurisdiction over enforcement of the

agreement until the child turns 18 years of age, unless the

agreement otherwise stipulates or is modified by the court.

(f)  Exclusivity of remedy.--This section constitutes the

exclusive remedy for enforcement of an agreement and no

statutory or common law remedy shall be available for

enforcement or damages in connection with an agreement.

§ 2739.  Discontinuance of agreement.

(a)  General rule.--A party to an agreement or a child that

is at least 12 years of age or older may seek to discontinue an

agreement by filing an action in the court that finalized the

adoption.

(b)  Standard for discontinuation.--Before the court may

enter an order discontinuing an agreement, it must find by clear

and convincing evidence that discontinuance serves the needs,

welfare and best interest of the child.

§ 2740.  Procedures for facilitating and resolving agreements

involving a county child welfare agency.

(a)  Department to develop procedures.--In termination of

parental rights and adoption proceedings involving a county

child welfare agency arising from a juvenile dependency case

under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the

department shall develop, in consultation with the

Administrative Office of the Pennsylvania Courts and the

Juvenile Courts Judges Commission, procedures to do the

following:

(1)  Facilitate the development of an agreement, when

appropriate, before it is presented to the court.

(2)  Resolve any requests to modify, enforce or

discontinue an agreement consistent with the provisions of

this subchapter.

(b)  Requirements.--The procedures shall, among other

provisions to be determined by the department, clearly inform

the parties to and subject of an agreement how to seek

modification, enforcement or discontinuance of an agreement that

was approved by the court.

(c)  Availability to county agencies.--The department shall

make the procedures available to county agencies no later than

180 days after the effective date of this subchapter.

§ 2741.  Counsel.

(a)  General rule.--In proceedings under sections 2737

(relating to modification of agreement), 2738 (relating to

enforcement of agreement) and 2739 (relating to discontinuance

of agreement), parties shall not be entitled to court-appointed

counsel.

(b)  Guardians ad litem.--

(1)  Notwithstanding the provisions of subsection (a),

the court may appoint a guardian ad litem to represent the

interests of a child in proceedings under sections 2737, 2738

and 2739 and a sibling under 18 years of age who seeks to

enforce or to discontinue an agreement.

(2)  When appointing a guardian ad litem under this

subchapter, the court may appoint the same attorney who

represents or has represented the child in any dependency

proceedings or termination of parental rights proceedings.

§ 2742.  Costs.

If the court finds that an action brought under section 2737

(relating to modification of agreement), 2738 (relating to

enforcement of agreement) or 2739 (relating to discontinuance of

agreement) was wholly insubstantial, frivolous or not advanced

in good faith, the court may award attorney fees and costs to

the prevailing parties.

Section 3.  Chapter 29 of Title 23 is amended by adding a

subchapter heading to read:

Subchapter A

General Provisions

Section 4.  Sections 2905 and 2909 of Title 23 are repealed:

[§ 2905.  Impounding of proceedings and access to records.

(a)  General rule.--All petitions, exhibits, reports, notes

of testimony, decrees, and other papers pertaining to any

proceeding under this part or former statutes relating to

adoption shall be kept in the files of the court as a permanent

record thereof and withheld from inspection except on an order

of court granted upon cause shown or except as otherwise

provided in this section. In the case of an adult adoptee who is

assuming a name under section 2904 (relating to name of

adoptee), an order of court is not required for the court to

forward to the Pennsylvania State Police documentation in

accordance with 54 Pa.C.S. § 702 (relating to change by order of

court). Any report required to be filed under sections 2530

(relating to home study and preplacement report), 2531 (relating

to report of intention to adopt) and 2535 (relating to

investigation) shall be made available to parties to an adoption

proceeding only after all identifying names and addresses in the

report have been extirpated by the court.

(b)  Petition to court for limited information.--Upon

petition by any adoptee at least 18 years of age or, if less

than 18, his adoptive parent or legal guardian to the court in

the judicial district in which the permanent records relating to

the adoption have been impounded, the court shall furnish to the

adoptee as much information concerning the adoptee's natural

parents as will not endanger the anonymity of the natural

parents. The information shall first be reviewed, in camera, by

the court to insure that no information is revealed which would

endanger the anonymity of the natural parents. The court shall,

upon motion of the adoptee, examine the entire record to

determine if any additional information can safely be revealed

without endangering the anonymity of the natural parents.

(c)  Access to identity of natural parents.--

(1)  Upon petition of an adoptee at least 18 years of age

or, if less than 18, his adoptive parent or legal guardian,

the court may also, through its designated agent, attempt to

contact the natural parents, if known, to obtain their

consent to release their identity and present place of

residence to the adoptee. The petition may state the reasons

why the adoptee desires to contact his natural parents, which

reasons shall be disclosed to the natural parents if

contacted. However, the court and its agents shall take care

that none but the natural parents themselves are informed of

the adoptee's existence and relationship to them. The court

may refuse to contact the natural parents if it believes

that, under the circumstances, there would be a substantial

risk that persons other than the natural parents would learn

of the adoptee's existence and relationship to the natural

parents. The court shall appoint either the county children

and youth agency, or a private agency which provides adoption

services in accordance with standards established by the

Department of Public Welfare, to contact the natural parents

as its designated agent.

(2)  In addition to petitioning the court to contact the

natural parents, an adoptee at least 18 years of age or, if

less than 18, his adoptive parent or legal guardian may

request the agency that placed the adoptee to contact his

natural parents. If the agency agrees to attempt to contact

the natural parents, it shall do so pursuant to the same

safeguards provided for court inquiries in paragraph (1).

(3)  If the court or an agency contacts the natural

parents of an adoptee pursuant to a petition or request made

under paragraph (1) or (2), except as hereinafter provided,

information relating to both natural parents shall only be

disclosed to the adoptee if both natural parents agree to the

disclosure. If both of the natural parents are deceased,

their identities may be disclosed. If one parent is deceased,

his or her identity may be disclosed. If only one parent

agrees to the disclosure, then only the information relating

to the agreeing parent shall be disclosed.

(4)  The Department of Public Welfare may, by regulation,

prescribe procedures related to contact of natural parents by

designated agents of the court.

(d)  Disclosure of information.--

(1)  No disclosure of information shall be made by the

court, an agency, the Department of Health or any other

Commonwealth agency regarding the adopted person's original

certificate of birth or regarding the documents of proof on

which the amended certificate of birth is based or relating

in any way to the natural parents unless the disclosure is

made pursuant to the provisions of this section.

(2)  Notwithstanding any other provision in this section

to the contrary, the natural parents may, at the time of the

termination of their parental rights pursuant to Chapter 25

(relating to proceedings prior to petition to adopt) or at

any time thereafter, place on file, with the court and with

the Department of Health, a consent form granting permission

for the court or the department to disclose the information

contained in the adoptee's original certificate of birth, or

any other identifying or nonidentifying information

pertaining to the natural parents, at any time after the

adoptee attains the age of 18 or, if less than 18, to his

adoptive parent or legal guardian. If both parents give their

consent, the information on the birth certificate may be

disclosed. If only one parent gives consent, only the

identity of the consenting parent shall be disclosed. The

natural parents shall be entitled to update those records, as

necessary, to reflect the natural parent's current address or

any other information pertaining to the natural parents. The

information may only be disclosed upon the request of the

adoptee or his adoptive parent or legal guardian, and the

consent of the natural parents may be withdrawn at any time

by filing a withdrawal of consent form with the court and the

department. The department shall prescribe by regulation the

procedure and forms to be utilized for the giving, updating

and withdrawal of the consent.

(3)  An adoptee at least 18 years of age or, if less than

18 years of age, the parent or legal guardian of the adoptee

shall have access to any original or updated medical history

information on file with the court which entered the decree

of termination or the Department of Public Welfare. No

medical history information shall be released which would

endanger the anonymity of the natural parents.

§ 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.

(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 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 5.  Chapter 29 of Title 23 is amended by adding

subchapters to read:

SUBCHAPTER B

Records and Access to Information

Sec.

2911.  Definitions.

2912.  Combined request for information.

2913.  Reasonable fees.

2914.  Immunity from liability.

2915.  Court and agency records.

2916.  Attorney records.

§ 2911.  Definitions.

The following words and phrases when used in this subchapter

shall have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Agency records."  All information collected by an agency

relating to a birth family, an adoptive family and an adoptee.

"Authorization form."  A form provided by the department on

which an adoptee, an adoptive parent or a birth relative can

authorize or prohibit the release of identifying information

pursuant to the requirements of this chapter.

"Authorized representative."  An individual who is appointed

to conduct a search under this chapter and who has completed a

standardized training program as required by the department

under this chapter.

"Court records."  All petitions, exhibits, reports, notes of

testimony, decrees and other papers pertaining to a proceeding

under this chapter or former statutes relating to adoption.

"Department."  The Department of Public Welfare of the

Commonwealth.

"Medical history information."  Medical records and other

information concerning an adoptee or an adoptee's birth family

that is relevant to the present or future health care or medical

treatment of the adoptee or the adoptee's birth family. The term

includes, but is not limited to, the following:

(1)  Otherwise confidential or privileged information, if

identifying information has been removed under section 2925

(relating to providing information from registry).

(2)  Information about the birth parents of a child that

may concern a potential hereditary or congenital medical

problem.

"Social history information."  The term includes, but is not

limited to, the following:

(1)  Information about the adoptee and birth relatives of

the adoptee, including economic, cultural and ethnic

information.

(2)  A developmental history of the adoptee, including

the circumstances at birth, early development and subsequent

age-appropriate task development.

(3)  The social experiences of the adoptee, including

abuse and neglect, out-of-home care and patterns of

interpersonal relationships.

(4)  The educational experiences of the adoptee,

including the name of schools attended and dates of

enrollment, academic performance, extracurricular activities

and special interests.

(5)  The current functioning of the adoptee, including

behavioral patterns and relationships.

(6)  The circumstances surrounding the adoption.

"Summary of original birth record."  The summary of original

birth record, consisting of only the names and ages of the birth

parents, the date and county of the birth of the child and the

name of the child given at birth.

§ 2912.  Combined request for information.

An individual may file a single written request for 

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authorized to receive both nonidentifying information and

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identifying information may file a single written request under

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Subchapter D (relating to release of information).

§ 2913.  Reasonable fees.

Any court or agency may charge reasonable fees for services

provided under this chapter.

§ 2914.  Immunity from liability.

(a)  General rule.--A person or agency, including the

Commonwealth and any of its governmental subdivisions, that

participates in good faith in providing services under this

chapter has immunity from civil liability that may otherwise

result by reason of an action or a failure to act under this

chapter.

(b)  Presumption of good faith.--For the purpose of a civil 

proceeding, the good faith of any person or agency that provides

services pursuant to this chapter is presumed.

§ 2915.  Court and agency records.

(a)  General rule.--All court and agency records shall be

maintained as a permanent record and withheld from inspection

except as provided under this chapter.

(b)  Agency records.--

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(1)  An agency shall forward its records to the

department under any of the following circumstances:

(i)  The agency ceases to provide adoption services.

(ii)  The agency decides to dispose of records.

(2)  An agency shall provide at least 30 days' notice to

the department prior to forwarding its records.

(3)  The department shall retain as a permanent record

all agency records forwarded to it.

(c) (b)  Who may access court or agency records.--Only the

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following are authorized to access court or agency records for

the purpose of releasing nonidentifying or identifying

information under this chapter:

(1)  The court which finalized the adoption.

(2)  The agency that coordinated the adoption.

(3)  A successor agency authorized by the court which

finalized the adoption.

(c)  Disposition of agency records upon closure.--

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(1)  As soon as practicable, but not less than 30 days

prior to the date on which an agency ceases to operate as a

legal entity in this Commonwealth, the agency shall, unless

it has applied to operate as a new legal entity, notify the

department of its intention to cease operating.

(2)  Within this time period, the agency shall submit a

plan to the department relating to the closure and transfer

of case records to another agency. The plan shall be subject

to approval by the department.

(3)  In preparation for its closure and transfer of case

records, the agency shall label its case records to identify

the respective court that finalized an adoption or where a

petition to terminate parental rights or to adopt has been

filed.

(4)  The department shall notify each court so identified

by the agency of the name, address and telephone number of

the agency to which case records have been transferred.

§ 2916.  Attorney records.

An attorney representing a party to an adoption proceeding or

acting as counsel or guardian ad litem for a child in a

proceeding under this part may forward records and information

relating to the child, the child's birth family and the adoptive

family to the court which finalized the adoption, as established

by general rule by the Supreme Court. Such records and

information shall be treated as court records for purposes of

this chapter.

SUBCHAPTER C

INFORMATION REGISTRY

Sec.

2921.  Establishment of registry.

2922.  Informational material.

2923.  Filing information with registry.

2924.  Who may request information from registry.

2925.  Providing information from registry.

2926.  Rules and regulations.

§ 2921.  Establishment of registry.

The department shall do all of the following:

(1)  Establish a Statewide confidential registry for the

receipt, filing and retention of medical and social history

information and authorization forms for all adoptions

finalized or registered in this Commonwealth as of the

<--

effective date of this subchapter.

(2)  Prescribe and distribute forms on which an adoptee,

an adoptive parent and a birth parent may:

(i)  Request identifying information or contact.

(ii)  Authorize or refuse to authorize the release of

identifying information or contact.

(iii)  File and update information with the registry.

(3)  Retain information filed with the registry as a

permanent record.

(4)  Disseminate the information pursuant to the

requirements of this subchapter.

§ 2922.  Informational material.

The department shall publicize the availability of the

registry and the manner in which information may be filed with

and obtained from the registry.

§ 2923.  Filing information with registry.

An adoptee, an adoptive parent and a birth parent may at any

time file and update medical and social history information with

the registry on a form developed by the department.

§ 2924.  Who may request information from registry.

The following individuals may request information from the

registry:

(1)  An adoptee who is at least 18 years of age.

(2)  An adoptive parent of an adoptee who is under 18

years of age, adjudicated incapacitated or deceased.

(3)  A legal guardian of an adoptee who is under 18 years

of age or adjudicated incapacitated.

(4)  A descendant of a deceased adoptee.

(5)  The birth parent of an adoptee who is at least 21

years of age.

(6)  A parent of a birth parent of an adoptee who is at

least 21 years of age if the birth parent consents, is

adjudicated incapacitated or is deceased.

(7)  A birth sibling of an adoptee, if both the birth

sibling and adoptee are at least 21 years of age, and:

(i)  the birth sibling remained in the custody of the

birth parent and the birth parent consents, is deceased

or adjudicated incapacitated;

(ii)  both the birth sibling and adoptee were adopted

out of the same birth family; or

(iii)  the birth sibling was not adopted out of the

birth family and did not remain in the custody of the

birth parent.

§ 2925.  Providing information from registry.

(a)  Nonidentifying information.--Nonidentifying information,

if available, shall be provided to the requester within 30 days

of the request.

(b)  Identifying information.--

(1)  If an authorization form is on file, the department

shall notify the requester within 30 days of the request

whether information may be released.

(2)  If there is no authorization on file, the department

shall designate an authorized representative to:

(i)  Use reasonable efforts to locate the subject of

the request.

(ii)  If the subject of the request is located,

obtain written authorization from the subject before any

information is released.

(c)  Confidentiality of information.--In conducting a search,

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the court or agency shall ensure that no individual, other than

a birth parent, is informed of the adoptee's existence and

relationship to the birth parent.

(d)  When inquiry not mandatory.--An authorized

representative of the court or agency conducting a search may

not make an inquiry which the representative reasonably believes

may compromise the confidentiality relating to the relationship

between the adoptee and a birth parent of the adoptee.

(c) (e)  Authorization form.--An authorization form allowing

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the release of identifying information may be withdrawn at any

time by the individual who signed the authorization form.

(d) (f)  Editing information.--Before the release of

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information from the registry, the department shall remove any

identifying information, unless authorized in writing by the

subject of the information to release the identifying

information.

§ 2926.  Rules and regulations.

The department shall promulgate rules and regulations

necessary to implement this subchapter. The department may

request, but shall not require, an agency to submit medical and

social history information for adoptions finalized or registered

in this Commonwealth prior to the effective date of this

subchapter.

SUBCHAPTER D

RELEASE OF INFORMATION

Sec.

2931.  Nonidentifying information.

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2932.  Identifying information.

2933.  Statement of medical and social history information.

2934.  Confidentiality.

2935.  Refusal to search.

2936.  Original birth record.

2937.  Rules and regulations.

§ 2931.  Nonidentifying information.

(a)  Who may request.--The following individuals may file a

written request for nonidentifying information with the court

which finalized an adoption, the agency which coordinated the

adoption or its successor agency by merger or acquisition:

(1)  An adoptee who is 18 years of age or older.

(2)  An adoptive parent of an adoptee who is:

(i)  under 18 years of age;

(ii)  adjudicated incapacitated and is at least 18

years of age; or

(iii)  deceased.

(3)  A legal guardian of an adoptee who is under 18 years

of age or adjudicated incapacitated.

(4)  A descendant of a deceased adoptee.

2931.  Access to information.

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2932.  Nonidentifying information.

2933.  Identifying information.

2934.  Statement of medical and social history information.

2935.  Confidentiality.

2936.  Refusal to search.

2937.  Original birth record.

2938.  Rules and regulations.

§ 2931.  Access to information.

(a)  Who may access information.--The following individuals

may file a written request for nonidentifying information or

identifying information or contact with the court which

finalized the adoption, the agency which coordinated the

adoption or a successor agency:

(1)  An adoptee who is at least 18 years of age.

(2)  An adoptive parent of an adoptee who is:

(i)  under 18 years of age;

(ii)  adjudicated incapacitated and is 18 years of

age or older; or

(iii)  deceased.

(3)  A legal guardian of an adoptee who is under 18 years

of age or adjudicated incapacitated.

(4)  A descendant of a deceased adoptee.

(5)  A birth parent of an adoptee who is 21 years of age

or older.

(6)  A parent of a birth parent of an adoptee who is 21

years of age or older, if the birth parent consents, is

adjudicated incapacitated or is deceased.

(7)  A birth sibling of an adoptee, if both the birth

sibling and adoptee are 21 years of age or older and:

(i)  the birth sibling remained in the custody of the

birth parent and the birth parent consents, is deceased

or adjudicated incapacitated;

(ii) both the birth sibling and the adoptee were

adopted out of the same birth family; or

(iii)  the birth sibling was not adopted out of the

birth family and did not remain in the custody of the

birth parent.

(b)  Who may be the subject of a request for information.--An

individual enumerated under subsection (a) may request

nonidentifying or identifying information regarding or contact

with the following individuals:

(1)  An adoptee who is 21 years of age or older.

(2)  A birth parent of an adoptee.

(3)  A parent of a birth parent of an adoptee who is 21

years of age or older, if the birth parent consents, is

adjudicated incapacitated or is deceased.

(4)  A birth sibling of an adoptee, if both the birth

sibling and the adoptee are 21 years of age or older and:

(i)  the birth sibling remained in the custody of the

birth parent and the birth parent consents, is deceased

or adjudicated incapacitated;

(ii)  both the birth sibling and the adoptee were

adopted out of the same birth family; or

(iii)  the birth sibling was not adopted out of the

birth family and did not remain in the custody of the

birth parent.

§ 2932.  Nonidentifying information.

(b) (a)  Notice of receipt of request.--When the court or

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agency receives a written request for nonidentifying

information, it shall, within 30 days, notify the individual

requesting the information of its receipt of the request.

(c) (b)  Furnishing nonidentifying information.--The court or

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agency shall, within 120 days, review its records and furnish to

the requester any information concerning the adoption that will

not compromise the confidentiality of the relationship between

the adoptee and the adoptee's birth parent.

§ 2932 2933.  Identifying information.

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(a)  Who may request.--The following individuals may file a

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written request for identifying information or contact with the

court which finalized an adoption, the agency which coordinated

the adoption or a successor agency:

(1)  An adoptee who is at least 18 years of age.

(2)  An adoptive parent of an adoptee who is:

(i)  under 18 years of age;

(ii)  adjudicated incapacitated and is 18 years of

age or older; or

(iii)  deceased.

(3)  A legal guardian of an adoptee who is under 18 years

of age or adjudicated incapacitated.

(4)    A descendant of a deceased adoptee.

(5)  A birth parent of an adoptee who is 21 years of age

or older.

(6)  A parent of a birth parent of an adoptee who is 21

years of age or older, if the birth parent consents, is

adjudicated incapacitated or is deceased.

(7)  A birth sibling of an adoptee, if both the birth

sibling and adoptee are 21 years of age or older and:

(i)  the birth sibling remained in the custody of the

birth parent and the birth parent consents, is deceased

or adjudicated incapacitated;

(ii)  both the birth sibling and adoptee were adopted

out of the same birth family; or

(iii)  the birth sibling was not adopted out of the

birth family and did not remain in the custody of the

birth parent.

(b)  Who may be the subject of a request.--An individual

under subsection (a) may request identifying information

regarding or contact with the following individuals:

(1)  An adoptee who is 21 years of age or older.

(2)  A birth parent of an adoptee.

(3)  A parent of a birth parent of an adoptee who is 21

years of age or older, if the birth parent consents, is

adjudicated incapacitated or is deceased.

(4)  A birth sibling of an adoptee, if both the birth

sibling and adoptee are 21 years of age or older and:

(i)  the birth sibling remained in the custody of the

birth parent and the birth parent consents, is deceased

or adjudicated incapacitated;

(ii)  both the birth sibling and adoptee were adopted

out of the same birth family; or

(iii)  the birth sibling was not adopted out of the

birth family and did not remain in the custody of the

birth parent.

(c) (a)  Notice of availability of records.--The court or

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agency shall, within 120 days of receiving a written request for

identifying information or contact, do all of the following:

(1)  Determine whether it has in its possession any

records relating to the adoptee.

(2)  Conduct a good faith search for identifying

information, which search shall be commenced within 180 120 

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days. The search for information shall only be conducted by

an authorized representative appointed by:

(i)  the court in which the adoption was finalized;

(ii)  the agency that coordinated the adoption;

(iii)  a successor, by merger or acquisition, of the

agency that coordinated the adoption; or

(iv)  if neither the agency nor a successor exists,

by an agency authorized by the court.

The authorized representative shall review the court and

agency record for identifying information regarding the birth

or adoptive family and shall determine whether an

authorization form has been filed with the court or agency.

(3)  Notify any other court or agency listed in its

records of the existence of the request for identifying

information.

(4)  Ask any other court or agency listed in its records

to advise if an authorization form has been filed.

(5)  Contact the information registry established under

Subchapter C (relating to information registry), advise the

registry of the request for identifying information and ask

whether an authorization form has been filed.

(6)    Notify the requesting individual of its findings

pursuant to this subsection.

(d) (b)  No authorization form.--If an applicable

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authorization form is not located, all of the following apply:

(1)  The authorized representative shall use reasonable

efforts to locate the subject of the search.

(2)    If the subject of the search is located, the

authorized representative shall obtain written authorization

from the subject before any identifying information is

released or contact between the parties is made.

(3)  If the requester is an adoptee seeking the identity

of a birth parent, the identity of a deceased birth parent

may be disclosed.

(4)  If the requester is an adoptee seeking the identity

of both birth parents and only one birth parent agrees to the

disclosure, only the information relating to that birth

parent shall be disclosed.

(e) (c)  Withdrawal of authorization form.--An individual may

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withdraw the individual's authorization form at any time.

§ 2933 2934.  Statement of medical and social history

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information.

(a)  Filing places.--A statement regarding medical and social

history information may be filed with the following:

(1)  The court that terminated parental rights.

(2)  The court that finalized the adoption.

(3)  The agency that coordinated the adoption.

(4)  The information registry established under

Subchapter C (relating to information registry).

(b)  Individuals authorized to file and request.--The

following individuals may at any time file, update and request a

statement regarding medical and social history information:

(1)  An adoptee who is 18 years of age or older.

(2)  An adoptive parent or legal guardian of an adoptee

who is under 18 years of age or adjudicated incapacitated.

(3)  A descendant of a deceased adoptee.

(4)  A birth parent.

(5)  A legal guardian of an adjudicated incapacitated

birth parent.

(6)  A survivor of a deceased birth parent.

(c)  Maintenance of record.--A statement regarding medical

and social history information shall be maintained as a

permanent record.

(d)  Forwarding statement.--If a statement regarding medical

and social history information is filed in the court that

terminated parental rights, a copy of the statement shall be

forwarded to the court that finalized the adoption and the

information registry established under Subchapter C.

(e)    Notice of filing.--

(1)  Within 30 days of filing of a statement regarding

medical and social history information, the court, agency or

information registry shall give notice of its receipt to the

individual who filed the statement.

(2)  Within 120 days after a statement is filed, the

court, agency or information registry shall give notice of

the filing to the individual to who is at least 21 years of

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age and whom the information is intended to benefit, if known

or identified in its records.

(f)  Request for information.--

(1)  When the court or agency receives a written request

for medical and social history information, it shall notify

the requester within 120 days whether it possesses any

medical and social history information relating to the

adoption.

(2)    Within 120 days of locating medical and social

history information, the court or agency shall do the

following:

(i)  For nonidentifying information, review and

furnish to the requester any medical and social history

information that will not compromise the confidentiality

of the relationship between the adoptee and the adoptee's

birth parent.

(ii)  For identifying information, if an

authorization form is on file with the court, agency or

information registry, furnish to the requester the

available identifying information in its records.

(g)  No information or authorization form on file.--If a

court or agency receives a request for medical and social

history information and finds that no such information is in its

records or that no authorization form is on file, the court or

agency shall do the following:

(1)  Contact the subject of the request and ask that the

subject:

(i)  provide nonidentifying information for the

benefit of the requester; or

(ii)  file an authorization form.

(2)  If the subject of the request cannot be located from

information contained in the court records, appoint an

authorized representative to use reasonable efforts to locate

the subject.

(3)  If nonidentifying information is provided by the

subject of the request, provide the nonidentifying

information to the requester.

(4)  If an authorization form is filed, provide

identifying information to the requester.

(h)  Deceased birth parent.--If the requester is an adoptee

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seeking information about a birth parent and the birth parent is

deceased, any information on file regarding the deceased birth

parent may be disclosed.

§ 2934 2935.  Confidentiality.

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(a)  General rule.--In conducting a search, the court or

agency shall ensure that no individual, other than a birth

parent, is informed of the adoptee's existence and relationship

to the birth parent of the adoptee.

(b)  When inquiry not mandatory.--An authorized

representative of the court or agency conducting a search may

not make an inquiry which the representative reasonably believes

may compromise the confidentiality relating to the relationship

between the adoptee and a birth parent of the adoptee.

§ 2935 2936.  Refusal to search.

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(a)    Agency.--

(1)  If an agency is satisfied that a request could cause

physical or emotional harm to the requesting individual or

others, the agency may decline to conduct a search to

determine whether an individual will authorize the disclosure

of identifying information or contact under this chapter.

(2)  An agency may decline to commence or conduct a

search required under this chapter if the requester fails to

pay the reasonable costs associated with commencing or

conducting the search.

(3)  (i)  An agency that declines to conduct a search

shall refer the request to the court that finalized the

adoption and inform the court of its reasons for

declining the request.

(ii)  The agency shall notify the requester of the

referral and identify the court to which the referral was

made.

(b)  Court.--

(1)  If a court is satisfied that a request could cause

physical or emotional harm to the requesting individual or

others, the court receiving a request for identifying

information or contact may decline to perform a search.

(2)  A court that declines to conduct a search shall

inform the requesting individual of its decision in writing

and of the procedures for appeal of that decision.

§ 2936 2937.  Original birth record.

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(a)  General rule.--No disclosure of information shall be

made by a court, an agency, the Department of Health or any

other Commonwealth agency regarding an adoptee's original birth

record or regarding the documents or proof on which an amended

certificate of birth is based or relating in any way to the

birth parents unless the disclosure is made pursuant to the

provisions of this section.

(b)  Filing of consent to issue copy of summary of original

birth record.--

(1)  The birth parents may, at the time their parental

rights are terminated or at any time thereafter, place on

file with the court and the Department of Health a consent

form granting permission for the court or the Department of

Health to issue a copy of the summary of the adoptee's

original birth record, which summary discloses the identity

of the birth parents, at any time after the adoptee turns 18

years of age or, if less than 18 years of age, to the

adoptive parent or legal guardian.