AN ACT

 

1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, <-in proceedings prior to petition to 
3adopt, further providing for hearing, for alternative 
4procedure for relinquishment and for grounds for involuntary 
5termination; and in adoption, further providing for 
6definitions<-, for filing information with registry and for
7original birth record.

8The General Assembly of the Commonwealth of Pennsylvania
9hereby enacts as follows:

<-10Section 1. The definition of "summary of original birth 
11record" in section 2911 of Title 23 of the Pennsylvania 
12Consolidated Statutes is amended and the section is amended by 
13adding a definition to read:

<-14Section 1. Sections 2503, 2504 and 2511 of Title 23 of the
15Pennsylvania Consolidated Statutes are amended by adding
16subsections to read:

17§ 2503. Hearing.

1* * *

2(f) Right to file denial of release and revocation of
3denial.--At the time the decree of termination is transmitted to
4the parent whose rights are terminated, the court shall advise
5that parent, in writing, of the parent's right to file a denial
6of release under section 2937(b) (relating to original birth
7record), and a revocation of denial of release under section
82937(c), and shall provide copies of the Department of Health's
9denial of release and revocation of denial of release forms to
10the parent.

11§ 2504. Alternative procedure for relinquishment.

12* * *

13(e) Right to file denial of release and revocation of
14denial.--At the time the decree of termination is transmitted to
15the parent whose rights are terminated, the court shall advise
16the parent, in writing, of the parent's right to file a denial
17of release under section 2937(b) (relating to original birth
18record), and a revocation of denial of release under section
192937(c), and shall provide copies of the Department of Health's
20denial of release and revocation of denial of release forms to
21the parent.

22§ 2511. Grounds for involuntary termination.

23* * *

24(d) Right to file denial of release and revocation of
25denial.--At the time the decree of termination is transmitted to
26the parent whose rights are terminated, the court shall advise
27the parent, in writing, of the parent's right to file a denial
28of release under section 2937(b) (relating to original birth
29record), and a revocation of denial of release under section
302937(c), and shall provide copies of the Department of Health's

1denial of release and revocation of denial of release forms to
2the parent.

3Section 2. The definition of "summary of original birth
4record" in section 2911 of Title 23 is amended and the section
5is amended by adding a definition to read:

6§ 2911. Definitions.

7The following words and phrases when used in this subchapter
8shall have the meanings given to them in this section unless the
9context clearly indicates otherwise:

10* * *

11"Noncertified copy of original birth record." A summary of
12original birth record, similar in form to a certified copy of an
13original birth record and consisting of only the names and ages
14of the birth parents, the date and county of the birth of the
15child and the name of the child given at birth.

16* * *

17["Summary of original birth record." The summary of original
18birth record, consisting of only the names and ages of the birth
19parents, the date and county of the birth of the child and the
20name of the child given at birth.]

<-21Section 2. Section 2937 of Title 23 is amended to read:

<-22Section 3. Sections 2923 and 2937 of Title 23 are amended to
23read:

24§ 2923. Filing information with registry.

25(a) Birth parent.--A birth parent shall file medical and
26social history information, if known, with the registry on a
27form developed by the department prior to the completion of an
28adoption. A birth parent may at any time update medical and
29social history information with the registry on a form developed
30by the department.

1(b) Adoptee and adoptive parent.--An adoptee[,] and an 
2adoptive parent [and a birth parent] may at any time file and 
3update medical and social history information with the registry 
4on a form developed by the department.

5§ 2937. Original birth record.

6[(a) General rule.--No disclosure of information shall be
7made by a court, an agency, the Department of Health or any
8other Commonwealth agency regarding an adoptee's original birth
9record or regarding the documents or proof on which an amended
10certificate of birth is based or relating in any way to the
11birth parents unless the disclosure is made pursuant to the
12provisions of this section.

13(b) Filing of consent to issue copy of summary of original 
14birth record.--

15(1) The birth parents may, at the time their parental
16rights are terminated or at any time thereafter, place on
17file with the court and the Department of Health a consent
18form granting permission for the court or the Department of
19Health to issue a copy of the summary of the adoptee's
20original birth record, which summary discloses the identity
21of the birth parents, at any time after the adoptee turns 18
22years of age or, if less than 18 years of age, to the
23adoptive parent or legal guardian.

24(2) If only one birth parent has filed a consent, a copy
25of the summary of the original birth record naming only the
26consenting birth parent shall be issued.

27(3) The consent of a birth parent may be withdrawn at
28any time by filing a withdrawal of consent form with the
29court and the Department of Health.

30(c) Duty of Department of Health.--The Department of Health

1shall prescribe by regulation the procedure and forms to be
2utilized for the giving, updating and withdrawal of consent.]

3(a) General rule.--Notwithstanding any other provision of
4law, an adoptee who is 19 years of age or older may apply to the
5Department of Health for a <-the adoptee's noncertified copy of
<-6the adoptee's original birth record. The Department of Health
7shall issue a noncertified copy of <-the adoptee's original birth
8record within 45 days of receipt of an application, if the
9application complies with the requirements of subsection <-(b).
<-10(d) and a denial of release has not been filed with the
11department under subsection (b).

12(b) Denial of release.--A birth parent may, at any time,
13file a denial of release with the Department of Health. The
14Department of Health may not issue a noncertified copy of
15original birth record to an adoptee of a birth parent who has
16filed a denial of release. The Department of Health shall
17prescribe the form and manner in which a birth parent may file a
18denial of release.

19(c) Revocation of denial of release.--A birth parent may, at
20any time, revoke the birth parent's denial of release filed
21under subsection (b). The revocation of a denial of release must
22be submitted to the Department of Health in writing or in a
23manner prescribed by the department. Upon receipt of a
24revocation, the Department of Health shall review its records to
25identify any adoptee subject to the revocation who was
26previously denied a noncertified copy of original birth record
27and shall provide notice of the revocation to any adoptee so
28identified.

29(b) (d) Application.--An application under <-this section
<-30subsection (a) shall be in a form acceptable to the Department

1of Health and shall include the following information:

2(1) The adoptee's current name and name assumed at the
3time of adoption.

4(2) The adoptee's address.

5(3) The adoptee's age and date of birth.

6(4) The adoptee's gender at birth.

7(5) Proof of identification.

8(6) The adoptee's telephone number.

9(7) Any other information required by the Department of
10Health, but only to the extent the information is necessary
11for the Department of Health to verify the identity of the
12applicant, locate the relevant records or provide a <-the
13adoptee's noncertified copy of <-the adoptee's original birth
14record to the adoptee.

<-15(c) (e) Application procedures.--The Department of Health
16shall develop policies and procedures <-and prescribe forms
17necessary to comply with this section within <-180 90 days of the
18effective date of this subsection. <-The Department of Health
19shall make available denial of release and revocation of denial
20of release forms for filing by birth parents no later than 90
21days following the effective date of this subsection. The forms
22shall be available on the department's Internet website.

<-23(d) (f) Fee.--The Department of Health may charge a fee for
24issuing a noncertified copy of <-an adoptee's original birth
25record as required by this section. The fee charged shall not
26exceed the fee for a certified copy of an original birth record
27provided in section 609-A of the act of April 9, 1929 (P.L.177,
28No.175), known as The Administrative Code of 1929.

<-29Section 3. This act shall take effect as follows:

30(1) Except as set forth in paragraph (2), the amendment

1of 23 Pa.C.S. § 2937 shall take effect in 180 days.

2(2) The addition of 23 Pa.C.S. § 2937(c) shall take
3effect immediately.

4(3) The remainder of this act shall take effect
5immediately.

<-6(g) Deceased birth parent.--Upon request of an adoptee, the
7Department of Health shall issue a noncertified copy of original
8birth record to the adoptee if the adoptee's birth parent is
9deceased.

10Section 4. The amendment or addition of the definitions of
11"noncertified copy of original birth record" and "summary of
12original birth record" in 23 Pa.C.S. § 2911 and of 23 Pa.C.S. §§
132503(f), 2504(e), 2511(d), 2923 and 2937 shall apply as follows:

14(1) For adoptions which are initiated on or after the 
15effective date of this section, beginning 90 days following
16the effective date of 23 Pa.C.S. § 2937(e).

17(2) For adoptions finalized or registered in this
18Commonwealth prior to the effective date of this section,
19beginning January 1, 2018.

20Section 5. This act shall take effect as follows:

21(1) The following provisions shall take effect
22immediately:

23(i) The addition of 23 Pa.C.S. § 2937(e).

24(ii) Section 4 of this act.

25(iii) This section.

26(2) The remainder of this act shall take effect in 90
27days.