1Amending Title 23 (Domestic Relations) of the Pennsylvania
2Consolidated Statutes, in adoption, further providing for
3definitions, for hearing, for alternative procedure for
4relinquishment, for grounds for involuntary termination and
5for petition for involuntary termination; providing for
6notice if identity or whereabouts of parent or putative
7father unknown; further providing for report of intention to
8adopt, for report of intermediary and for consents necessary
9to adoption; and repealing provisions relating to consents
10not naming adopting parents.

11The General Assembly of the Commonwealth of Pennsylvania
12hereby enacts as follows:

13Section 1. Section 2102 of Title 23 of the Pennsylvania
14Consolidated Statutes is amended by adding definitions to read:

15§ 2102. Definitions.

16The following words and phrases when used in this part shall
17have, unless the context clearly indicates otherwise, the
18meanings given to them in this section:

19* * *

20"Denial of paternity." The written statement of a
21presumptive father or putative father declaring all of the
22following:

1(1) The individual is not the father of the child.

2(2) The individual does not acknowledge paternity of the
3child.

4(3) No court has determined that the individual is the
5father of the child.

6(4) The individual has no interests in proceedings under
7this part concerning the child.

8"Household." A group of people who reside together in the
9same housing unit.

10* * *

11"Putative father." An alleged birth father of a child
12conceived or born out of wedlock whose parental status has not
13been legally established.

14Section 2. Sections 2503(a), (b)(3) and (d), 2504, 2511(a)
15and 2512(c) of Title 23 are amended to read:

16§ 2503. Hearing.

17(a) General rule.--Upon presentation of a petition prepared
18pursuant to section 2501 (relating to relinquishment to agency)
19or section 2502 (relating to relinquishment to adult intending
20to adopt child), the court shall fix a time for hearing which
21shall not be less than ten days, nor more than 20 days, after
22filing of the petition. The petitioner must appear at the
23hearing.

24(b) Notice.--

25* * *

26(3) The [copy of the notice which is given to the]
27putative father shall [state that his rights may also be
28subject to termination pursuant to subsection (d) if he fails
29to file either an acknowledgment of paternity or claim of
30paternity pursuant to section 5103 (relating to

1acknowledgment and claim of paternity) and fails to either
2appear at the hearing for the purpose of objecting to the
3termination of his rights or file a written objection to such
4termination with the court prior to the hearing.] be given 
5notice in the form provided in section 2513(b) (relating to 
6hearing). If the identity or whereabouts of the putative 
7father is unknown, notice shall be given under section 
82514(b) (relating to notice if putative father or his 
9whereabouts unknown). Notice under this paragraph shall state 
10that the putative father's rights may also be terminated 
11under subsection (d) if any of the following apply:

12(i) He fails to file with the court prior to the
13hearing a written objection to the termination.

14(ii) He fails to appear at the hearing for the
15purpose of objecting to the termination of his rights.

16* * *

17(d) [Putative father] Termination of putative father's 
18parental rights.--If a putative father [will not file a petition
19to voluntarily relinquish his parental rights pursuant to
20section 2501 (relating to relinquishment to agency) or 2502
21(relating to relinquishment to adult intending to adopt child),]
22has been given notice of the hearing being held pursuant to this
23section [and], the court may enter a decree terminating his 
24parental rights, whether or not the putative father has filed a 
25claim of paternity under section 5103(b) (relating to 
26acknowledgment and claim of paternity), if the putative father
27fails to [either]:

28(1) file a written objection to the termination with the
29court prior to the hearing; or

30(2)  appear at that hearing for the purpose of objecting

1to termination of his parental rights [or file a written
2objection to such termination with the court prior to the
3hearing and has not filed an acknowledgment of paternity or
4claim of paternity pursuant to section 5103, the court may
5enter a decree terminating the parental rights of the
6putative father pursuant to subsection (c)].

7* * *

8§ 2504. Alternative procedure for relinquishment.

9(a) Petition to confirm consent to adoption.--If the parent
10or parents of the child have executed consents to an adoption,
11upon petition by the intermediary or, where there is no
12intermediary, by the adoptive parent, the court shall hold a
13hearing for the purpose of confirming a consent to an adoption
14upon expiration of the time periods under section 2711 (relating
15to consents necessary to adoption). The original consent or
16consents to the adoption shall be attached to the petition.

17(b) Hearing.--Upon presentation of a petition filed pursuant
18to this section, the court shall fix a time for a hearing which
19shall not be less than ten days, nor more than 40 days, after
20filing of the petition. Notice of the hearing shall be by
21personal service or by registered mail or by such other means as
22the court may require upon the consenter and shall be in the
23form provided in section 2513(b) (relating to hearing). Notice
24of the hearing shall be given to the other parent or parents, to
25the putative father whose parental rights could be terminated
26pursuant to subsection (c) and to the parents or guardian of a
27consenting parent who has not reached 18 years of age[.], unless 
28a waiver is executed in accordance with section 2711(e). If the 
29identity or whereabouts of the putative father is unknown, 
30notice shall be given under section 2514(b) (relating to notice 

1if putative father or his whereabouts unknown). The notice shall
2state that the consenting parent's or putative father's rights
3may be terminated as a result of the hearing. After hearing,
4which shall be private, the court may enter a decree of
5termination of parental rights in the case of a relinquishment
6to an adult or a decree of termination of parental rights and
7duties, including the obligation of support, in the case of a
8relinquishment to an agency.

9(c) [Putative] Termination of parental rights of putative
10father.--If a putative father [will not execute a consent to an
11adoption as required by section 2711,] has been given notice of
12the hearing being held pursuant to this section [and fails to
13either appear at that hearing for the purpose of objecting to
14termination of his parental rights or file a written objection
15to such termination with the court prior to the hearing and has
16not filed an acknowledgment of paternity or claim of paternity
17pursuant to section 5103 (relating to acknowledgment and claim
18of paternity)], the court may enter a decree terminating the
19parental rights of the putative father [pursuant to subsection
20(b).], if the putative father fails to:

21(1) file a written objection to the termination of his
22parental rights with the court prior to the hearing; or

23(2) appear at the hearing for the purpose of objecting
24to such termination.

25(d) Right to file personal and medical history
26information.--At the time the decree of termination is
27transmitted to the parent, the court shall also advise, in
28writing, the parent whose rights have been terminated of his or
29her continuing right to place and update personal and medical
30history information, whether or not the medical condition is in

1existence or discoverable at the time of adoption, on file with
2the court and with the Department of Public Welfare pursuant to
3Subchapter B of Chapter 29 (relating to records and access to 
4information).

5§ 2511. Grounds for involuntary termination.

6(a) General rule.--The rights of a parent in regard to a
7child may be terminated after a petition filed on any of the
8following grounds:

9(1) The parent by conduct continuing for a period of at
10least six months immediately preceding the filing of the
11petition either has evidenced a settled purpose of
12relinquishing parental claim to a child or has refused or
13failed to perform parental duties.

14(2) The repeated and continued incapacity, abuse,
15neglect or refusal of the parent has caused the child to be
16without essential parental care, control or subsistence
17necessary for his physical or mental well-being and the
18conditions and causes of the incapacity, abuse, neglect or
19refusal cannot or will not be remedied by the parent within a 
20reasonable period of time.

21(3) The parent is the presumptive but not the [natural]
22birth father of the child.

23(4) The child was abandoned and is in the custody of an
24agency, [having been found under such circumstances that] the
25identity or whereabouts of the parent is unknown and cannot
26be ascertained by diligent search and the parent does not
27claim the child within three months after the child is found.

28(5) The child has been removed from the care of the
29parent by the court or under a voluntary agreement with an
30agency for a period of at least six months, the conditions

1which led to the removal or placement of the child continue
2to exist, the parent cannot or will not remedy those
3conditions within a reasonable period of time, the services
4or assistance reasonably available to the parent are not
5likely to remedy the conditions which led to the removal or
6placement of the child within a reasonable period of time and
7termination of the parental rights would best serve the needs
8and welfare of the child.

9(6) In the case of a newborn child, the parent or 
10putative father knows or has reason to know of the child's
11birth, does not reside with the child, [has not married the
12child's other parent,] has failed for a period of [four] two
13months immediately preceding the filing of the petition to
14make reasonable efforts to maintain substantial and
15continuing contact with the child and has failed during the
16same [four-month] two-month period to provide substantial
17financial support for the child. For the purposes of this 
18paragraph, evidence that the parent or putative father had 
19sexual relations with the child's other parent near the 
20probable time of the conception of the child shall be 
21considered sufficient reason for that individual to know of 
22the child's birth.

23(7) The parent is the [father of a child conceived as a
24result] perpetrator of a rape or sexual assault or of incest, 
25which resulted in the conception of the child.

26(8) The child has been removed from the care of the
27parent by the court or under a voluntary agreement with an
28agency, 12 months or more have elapsed from the date of
29removal or placement, the conditions which led to the removal
30or placement of the child continue to exist and termination

1of parental rights would best serve the needs and welfare of
2the child.

3(9) The parent has been convicted of one of the
4following in which the victim was a child of the parent or 
5another child residing in the household of the parent:

6(i) an offense under 18 Pa.C.S. Ch. 25 (relating to
7criminal homicide);

8(ii) a felony under 18 Pa.C.S. § 2702 (relating to
9aggravated assault);

10(iii) an offense under 18 Pa.C.S. § 3121(a)
11(relating to rape);

12(iv) an offense under 18 Pa.C.S. § 3122.1 (relating
13to statutory sexual assault);

14(v) an offense under 18 Pa.C.S. § 3123 (relating to
15involuntary deviate sexual intercourse);

16(vi) an offense under 18 Pa.C.S. § 3124.1 (relating
17to sexual assault);

18(vii) an offense under 18 Pa.C.S. § 3125 (relating
19to aggravated indecent assault);

20(viii) an offense under 18 Pa.C.S. § 3126 (relating
21to indecent assault);

22(ix) an offense under 18 Pa.C.S. § 4302 (relating to
23incest);

24[(iii)] (x) an offense in another jurisdiction
25equivalent to an offense in subparagraph (i) [or], (ii), 
26(iii), (iv), (v), (vi), (vii), (viii) or (ix); or

27[(iv)] (xi) an attempt, solicitation or conspiracy
28to commit an offense in subparagraph (i), (ii) [or],
29(iii), (iv), (v), (vi), (vii), (viii), (ix) or (x).

30(10) The identity or whereabouts of the parent or

1putative father of the child is unknown, notice has been
2provided under section 2514 (relating to notice if identity
3or whereabouts of parent or putative father are unknown), and
4the parent or putative father fails to either:

5(i) file a written objection to the termination with
6the court prior to the hearing; or

7(ii) appear at that hearing for the purpose of
8objecting to the termination.

9(11) The child, another child of the parent or another
10child residing in the parent's household has been the victim
11of physical abuse resulting in serious bodily injury, sexual
12violence or aggravated physical neglect by the parent.

13* * *

14§ 2512. Petition for involuntary termination.

15* * *

16[(c) Father not identified.--If the petition does not
17identify the father of the child, it shall state whether a claim
18of paternity has been filed under section 8303 (relating to
19claim of paternity).]

20Section 3. Title 23 is amended by adding a section to read:

21§ 2514. Notice if identity or whereabouts of parent or putative
22father unknown.

23(a) Diligent search.--A petitioner under sections 2501
24(relating to relinquishment to agency), 2502 (relating to
25relinquishment to adult intending to adopt child), 2504
26(relating to alternative procedure for relinquishment) and 2512
27(relating to petition for involuntary termination) must
28establish that a diligent search has been made to identify or
29locate a parent or putative father for the purpose of providing
30notice in a proceeding under this part.

1(b) Notice by publication.--If the petitioner can establish
2that an unsuccessful diligent search has been made to identify
3or locate a parent or putative father, notice of the proceeding
4may be given to the parent or putative father by publication one
5time in both a newspaper of general circulation and in the
6county legal journal at least ten days before the date of the
7hearing. Proof of publication of the notice provided under this
8subsection must be submitted to the court.

9(c) Waiver of diligent search and publication of notice.--If
10the putative father knows or has reason to know of the child's
11birth, and the putative father has failed to make reasonable
12efforts to maintain substantial and continuing contact with the
13child and provide substantial financial support for the child,
14the court may waive the requirement for a diligent search and
15the publication of notice. Notice to a putative father shall be
16considered given under this section if the court waives the
17requirement for a diligent search and the publication of notice
18and makes a specific determination that additional efforts to
19locate or identify the putative father and provide notice do not
20serve the best interests of the child.

21Section 4. Sections 2531(b)(6) and 2533(d) of Title 23 are
22amended to read:

23§ 2531. Report of intention to adopt.

24* * *

25(b) Contents.--The report shall set forth:

26* * *

27(6) The name, address and signature of the person or
28persons making the report. Immediately above the signature of
29the person or persons intending to adopt the child shall
30appear the following statement:

1I acknowledge that I have been advised or know and
2understand that the birth father or putative father may
3revoke the consent to the adoption of this child within
4[30 days] five days after the later of the birth of the
5child or the date he has executed the consent to an
6adoption and that the birth mother may revoke the consent
7to an adoption of this child within [30 days] five days
8after the date she has executed the consent.

9* * *

10§ 2533. Report of intermediary.

11* * *

12(d) Permissible reimbursement of expenses.--Payments made by
13the adoptive parents to an intermediary or a third party for
14reimbursement of the following expenses, calculated without
15regard to the income of the adoptive parents, are permissible
16and are not in violation of 18 Pa.C.S. § 4305 (relating to
17dealing in infant children):

18(1) Medical and hospital expenses incurred by the
19natural mother for prenatal care and those medical and
20hospital expenses incurred by the natural mother and child
21incident to birth.

22(2) Medical, hospital and foster care expenses incurred
23on behalf of the child prior to the decree of adoption.

24(3) Reasonable expenses incurred by the agency or a
25third party for adjustment counseling and training services
26provided to the adoptive parents and for home studies or
27investigations.

28(4) Reasonable administrative expenses incurred by the
29agency, to include overhead costs and attorney fees.

30(5) Reasonable living expenses incurred by the natural

1mother three months prior to the due date of the child and 60
2days after the birth of the child. Living expenses shall
3include food, rent, utilities, maternity clothing and an
4amount not to exceed $300 for expenses and transportation
5costs associated with prenatal, maternity and postmaternity
6care.

7Section 5. Section 2711(c) and (d) of Title 23 are amended
8and the section is amended by adding a subsection to read:

9§ 2711. Consents necessary to adoption.

10* * *

11(c) Validity of consent.--

12(1) No consent shall be valid if it was executed prior
13to or within 72 hours after the birth of the child[. A], 
14except that the presumptive father or putative father may
15execute a consent or a denial of paternity at any time after
16receiving notice of the expected or actual birth of the
17child.

18(2) If consent is executed by the putative father prior 
19to the birth of the child, the child shall be named "Baby 
20(Mother's Last Name)" for the purpose of the consent. Further 
21notice as required by section 2721 (relating to notice of 
22hearing) to the putative father is not necessary if consent 
23is executed prior to the birth of the child. Further notice 
24as required by section 2721 is not required to the natural 
25mother or her husband if consent is valid.

26(3) Any consent given outside this Commonwealth shall be
27valid for purposes of this section if it was given in
28accordance with the laws of the jurisdiction where it was
29executed.

30(4) A consent to an adoption may only be revoked as set

1forth in this subsection. The revocation of a consent shall
2be in writing and shall be served upon the agency or adult to
3whom the child was relinquished. [The following apply:]

4(c.1) Nature of consent.--

5(1) Except as otherwise provided in paragraph (3):

6(i) For a consent to an adoption executed by a birth
7father or a putative father, the consent is irrevocable
8more than [30 days] five days after the birth of the
9child or the execution of the consent, whichever occurs
10later.

11(ii) For a consent to an adoption executed by a
12birth mother, the consent is irrevocable more than [30
13days] five days after the execution of the consent.

14(2) An individual may not waive the revocation period
15under paragraph (1).

16(3) Notwithstanding paragraph (1), the following apply:

17(i) An individual who executed a consent to an
18adoption may challenge the validity of the consent only
19by filing a petition alleging fraud or duress [within the
20earlier of the following time frames:

21(A) Sixty days after the birth of the child or
22the execution of the consent, whichever occurs later.

23(B) Thirty days after the entry of the adoption
24decree.] prior to the entry of the decree terminating 
25parental rights.

26(ii) A consent to an adoption may be invalidated
27only if the alleged fraud or duress under subparagraph
28(i) is proven by:

29(A) a preponderance of the evidence in the case
30of consent by a person 21 years of age or younger; or

1(B) clear and convincing evidence in all other
2cases.

3(d) Contents of consent.--

4(1) The consent of a parent of an adoptee under 18 years
5of age shall set forth the name, age and marital status of
6the parent, the relationship of the consenter to the child,
7the name of the other parent or parents of the child and the
8following:

9I hereby voluntarily and unconditionally consent to
10the adoption of the above named child.

11I understand that by signing this consent I indicate
12my intent to permanently give up all rights to this
13child.

14I understand such child will be placed for adoption.

15I understand I may revoke this consent to permanently
16give up all rights to this child by placing the
17revocation in writing and serving it upon the agency or
18adult to whom the child was relinquished.

19If I am the birth father or putative father of the
20child, I understand that this consent to an adoption is
21irrevocable unless I revoke it within [30 days] five days
22after either the birth of the child or my execution of
23the consent, whichever occurs later, by delivering a
24written revocation to (insert the name and address of the
25agency coordinating the adoption) or (insert the name and
26address of an attorney who represents the individual
27relinquishing parental rights or prospective adoptive
28parent of the child) or (insert the court of the county
29in which the voluntary relinquishment form was or will be
30filed).

1If I am the birth mother of the child, I understand
2that this consent to an adoption is irrevocable unless I
3revoke it within [30 days] five days after executing it
4by delivering a written revocation to (insert the name
5and address of the agency coordinating the adoption) or
6(insert the name and address of an attorney who
7represents the individual relinquishing parental rights
8or prospective adoptive parent of the child) or (insert
9the court of the county in which the voluntary
10relinquishment form was or will be filed).

11I have read and understand the above and I am signing
12it as a free and voluntary act.

13(2) The consent shall include the date and place of its
14execution and names and addresses and signatures of at least
15two persons who witnessed its execution and their
16relationship to the consenter.

17(e) Waiver of notice requirements.--A natural mother, father
18or putative father who has consented to an adoption may execute
19a waiver of notice of all legal proceedings concerning the
20child. A person who has executed a waiver of further notice
21under this subsection shall be provided with the advisement
22required by section 2504(d) (relating to alternative procedure
23for relinquishment) of the continuing right to file personal and
24medical history pursuant to Subchapter B of Chapter 29 (relating
25to records and access to information).

26Section 6. Section 2712 of Title 23 is repealed:

27[§ 2712. Consents not naming adopting parents.

28A consent to a proposed adoption meeting all the requirements
29of this part but which does not name or otherwise identify the
30adopting parent or parents shall be valid if it contains a

1statement that it is voluntarily executed without disclosure of
2the name or other identification of the adopting parent or
3parents.]

4Section 7. This act shall take effect in 60 days.