Regular Session 2015-2016 House Bill 0162 P.N. 0529

PRINTER'S NO. 529

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

162

Session of

2015

INTRODUCED BY BENNINGHOFF, WATSON, BAKER, BLOOM, V. BROWN,

BROWNLEE, CAUSER, COHEN, D. COSTA, DAVIS, DIAMOND, EVERETT,

FLYNN, GABLER, GILLEN, GINGRICH, GODSHALL, HARKINS, HEFFLEY,

IRVIN, JAMES, KINSEY, KNOWLES, KORTZ, LAWRENCE, MAJOR,

MALONEY, METCALFE, MILLARD, MURT, O'NEILL, PICKETT, ROZZI,

SONNEY, WARD, WARNER AND ZIMMERMAN, FEBRUARY 17, 2015

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 17, 2015

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in adoption, further providing for

definitions and for original birth record.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. The definition of "summary of original birth

record" in section 2911 of Title 23 of the Pennsylvania

Consolidated Statutes is amended and the section is amended by

adding a definition to read:

§ 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:

* * *

"Noncertified copy of original birth record." A summary of

original birth record, similar in form to a certified copy of an

original birth record and consisting of only the names and ages

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

child and the name given to the child at birth.

* * *

["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.]

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

§ 2937. Original birth record.

[(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.

(2) If only one birth parent has filed a consent, a copy

of the summary of the original birth record naming only the

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consenting birth parent shall be issued.

(3) The consent of a birth parent may be withdrawn at

any time by filing a withdrawal of consent form with the

court and the Department of Health.

shall prescribe by regulation the procedure and forms to be

utilized for the giving, updating and withdrawal of consent.]

(a) General rule.--Notwithstanding any other provision of

law, an adoptee who is 19 years of age or older or, if the

adoptee is deceased, the adoptee's descendants, may apply to the

Department of Health for the adoptee's noncertified copy of

original birth record. Subject to subsection (b), the Department

of Health shall issue a noncertified copy of original birth

record within 45 days of receipt of an application, if the

application complies with the requirements of subsection (c).

(b) Contact preference.--The Department of Health shall

develop and, upon request, make available to each birth parent

named on the original birth certificate a contact preference

form on which the birth parent may state a preference regarding

contact by an adoptee who is the birth child of the birth

parent. Upon such request, the Department of Health shall also

provide the birth parent with an updated medical history form,

which shall be completed and returned, together with the

completed contact preference form, by the birth parent to the

Department of Health. The contact preference form shall provide

the birth parent with options, in substantially the following

form, from which the birth parent shall select one:

(1) I would like to be contacted. I have completed the

contact preference form and an updated medical history form

and am filing them with the Department of Health.

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(2) I would prefer to be contacted only through an

intermediary. I have completed the contact preference form

and an updated medical history form and am filing them with

the Department of Health.

(3) Do not contact me. I may change this preference by

filling out another contact preference form. I have completed

the contact preference form and an updated medical history

form and am filing them with the Department of Health.

in a form acceptable to the Department of Health and shall

include the following information:

(1) The adoptee's current name and name assumed at the

time of adoption.

(2) The adoptee's address.

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

(4) The adoptee's gender at birth.

(5) Proof of identification.

(6) The adoptee's telephone number.

(7) Any other information required by the Department of

Health, but only to the extent the information is necessary

for the Department of Health to verify the identity of the

applicant, locate the relevant records or provide the

adoptee's noncertified copy of original birth record to the

adoptee.

(d) Application procedures.--The Department of Health shall

develop policies and procedures necessary to comply with this

section within 180 days of the effective date of this

subsection.

(e) Fee.--The Department of Health may charge a fee for

issuing a noncertified copy of original birth record as required

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by this section. The fee charged shall not exceed the fee for a

certified copy of an original birth record provided in section

609-A of the act of April 9, 1929 (P.L.177, No.175), known as

The Administrative Code of 1929 .

(f) Construction.--Nothing in this section shall be

construed to permit disclosure of an adoptee's birth record to

the birth parents of an adoptee.

Section 3. This act shall take effect as follows:

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

of 23 Pa.C.S. § 2937 shall take effect in one year.

(2) The addition of 23 Pa.C.S. § 2937(d) shall take

effect immediately.

(3) The remainder of this act shall take effect

immediately.

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