Regular Session 2019-2020 House Bill 0243 P.N. 0213

PRINTER'S NO. 213

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

243

Session of

2019

INTRODUCED BY D. MILLER, MURT, SCHLOSSBERG, RABB, T. DAVIS,

ISAACSON, OTTEN, CALTAGIRONE, KORTZ, HILL-EVANS, YOUNGBLOOD

AND McCLINTON, JANUARY 28, 2019

REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2019

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, adding provisions relating to

establishment of parent-child relationship for certain

individuals; providing for voluntary acknowledgment of

parentage, for registry of paternity, for genetic testing,

for proceeding to adjudicate parentage, for assisted

reproduction, for surrogacy agreements and for information

about donors.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Title 23 of the Pennsylvania Consolidated

Statutes is amended by adding a part to read:

PART IX-A

UNIFORM PARENTAGE ACT

C hapter

91. General Provisions

92. Parent-child Relationship

93. Voluntary Acknowledgment of Parentage

94. Registry of Paternity

95. Genetic Testing

96. Proceeding to Adjudicate Parentage

97. Assisted Reproduction

98. Surrogacy Agreement

99. Information about Donor

99A. Miscellaneous Provisions

CHAPTER 91

GENERAL PROVISIONS

Sec.

9101. Short title of part.

9102. Definitions.

9103. Scope of part.

9104. Authorized court.

9105. Applicable law.

9106. Data privacy.

9107. Establishment of maternity and paternity.

§ 9101. S hort title of part.

This part shall be known as the Uniform Parentage Act.

§ 9102. Definitions.

Subject to additional definitions contained in subsequent

provisions of this part which are applicable to specific

provisions of this part, the following words and phrases when

used in this part shall have the meanings given to them in this

section unless the context clearly indicates otherwise:

"Acknowledged parent." An individual who has established a

parent-child relationship under Chapter 93 (relating to

voluntary acknowledgment of parentage).

"Adjudicated parent." An individual who has been adjudicated

to be a parent of a child by a court with jurisdiction.

"Alleged genetic parent." An individual who is alleged to

be, or alleges that the individual is, a genetic parent or

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possible genetic parent of a child whose parentage has not been

adjudicated. The term includes an alleged genetic father and

alleged genetic mother. The term does not include:

(1) a presumed parent;

(2) an individual whose parental rights have been

terminated or declared not to exist; or

(3) a donor.

"Assisted reproduction." A method of causing pregnancy other

than sexual intercourse. The term includes:

(1) intrauterine or intracervical insemination;

(2) donation of gametes;

(3) donation of embryos;

(4) in-vitro fertilization and transfer of embryos; and

(5) intracytoplasmic sperm injection.

"Birth." Includes stillbirth.

"Child." An individual of any age whose parentage may be

determined under this part.

"Child-support agency." A government entity, public official

or private agency authorized to provide parentage-establishment

services under Part D of Title IV of the Social Security Act (49

Stat. 620, 42 U.S.C. § 651 et seq.).

"Determination of parentage." Establishment of a parent-

child relationship by a judicial or administrative proceeding or

signing of a valid acknowledgment of parentage under Chapter 93.

"Donor." An individual who provides gametes intended for use

in assisted reproduction, whether or not for consideration. The

term does not include:

(1) a woman who gives birth to a child conceived by

assisted reproduction, except as otherwise provided in

Chapter 98 (relating to surrogacy agreement); or

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(2) a parent under Chapter 97 (relating to assisted

reproduction) or an intended parent under Chapter 98.

"Gamete." A sperm, an egg or any part of a sperm or an egg.

"Genetic testing." An analysis of genetic markers to

identify or exclude a genetic relationship.

"Individual." A natural person of any age.

"Intended parent." An individual, married or unmarried, who

manifests an intent to be legally bound as a parent of a child

conceived by assisted reproduction.

"Man." A male individual of any age.

"Parent." An individual who has established a parent-child

relationship under section 9201 (relating to establishment of

parent-child relationship).

"Parentage" or "parent-child relationship." The legal

relationship between a child and a parent of the child.

"Presumed parent." An individual who, under section 9204

(relating to presumption of parentage), is presumed to be a

parent of a child, unless the presumption is overcome in a

judicial proceeding, a valid denial of parentage is made under

Chapter 93 or a court adjudicates the individual to be a parent.

"Record." Information that is inscribed on a tangible medium

or that is stored in an electronic or other medium and is

retrievable in perceivable form.

"Sign." With present intent to authenticate or adopt a

record:

(1) to execute or adopt a tangible symbol; or

(2) to attach to or logically associate with the record

an electronic symbol, sound or process.

"Signatory." An individual who signs a record.

"State." A state of the United States, the District of

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Columbia, Puerto Rico, the United States Virgin Islands or any

territory or insular possession under the jurisdiction of the

United States. The term includes a federally recognized Indian

tribe.

"Transfer." A procedure for assisted reproduction by which

an embryo or sperm is placed in the body of a woman who will

give birth to a child.

"Witnessed." At least one individual who is authorized to

sign has signed a record to verify that the individual

personally observed a signatory sign the record.

"Woman." A female individual of any age.

§ 9103. Scope of part.

(a) General rule.--This part applies to an adjudication or

determination of parentage.

(b) Construction.--This part does not create, affect,

enlarge or diminish parental rights or duties under the law of

this state other than this part.

§ 9104. Authorized court .

The court may adjudicate parentage under this part.

§ 9105. Applicable law .

The court shall apply the law of this state to adjudicate

parentage. The applicable law does not depend on:

(1) the place of birth of the child; or

(2) the past or present residence of the child.

§ 9106. Data privacy.

A proceeding under this part is subject to the law of this

state other than this part which governs the health, safety,

privacy and liberty of a child or other individual who could be

affected by disclosure of information that could identify the

child or other individual, including address, telephone number,

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digital contact information, place of employment, Social

Security number and the child's day-care facility or school.

§ 9107. Establishment of maternity and paternity .

To the extent practicable, a provision of this part

applicable to a father-child relationship applies to a mother-

child relationship and a provision of this part applicable to a

mother-child relationship applies to a father-child

relationship.

CHAPTER 92

PARENT-CHILD RELATIONSHIP

Sec.

9201. Establishment of parent-child relationship.

9202. No discrimination based on marital status of parent.

9203. Consequences of establishing parentage.

9204. Presumption of parentage.

§ 9201. E stablishment of parent-child relationship .

A parent-child relationship is established between an

individual and a child if:

(1) the individual gives birth to the child, except as

otherwise provided in Chapter 98 (relating to surrogacy

agreement);

(2) there is a presumption under section 9204 (relating

to presumption of parentage) of the individual's parentage of

the child, unless the presumption is overcome in a judicial

proceeding or a valid denial of parentage is made under

Chapter 93 (relating to voluntary acknowledgment of

parentage);

(3) the individual is adjudicated a parent of the child

under Chapter 96 (relating to proceeding to adjudicate

parentage);

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(4) the individual adopts the child;

(5) the individual acknowledges parentage of the child

under Chapter 93, unless the acknowledgment is rescinded

under section 9308 (relating to procedure for rescission) or

successfully challenged under Chapter 93 or 96;

(6) the individual's parentage of the child is

established under Chapter 97 (relating to assisted

reproduction); or

(7) the individual's parentage of the child is

established under Chapter 98.

§ 9202. No discrimination based on marital status of parent .

A parent-child relationship extends equally to every child

and parent, regardless of the marital status of the parent.

§ 9203. Consequences of establishing parentage .

Unless parental rights are terminated, a parent-child

relationship established under this part applies for all

purposes, except as otherwise provided by the law of this state

other than this part.

§ 9204. Presumption of parentage .

(a) General rule.--An individual is presumed to be a parent

of a child if:

(1) except as otherwise provided under Chapter 98

(relating to surrogacy agreement) or the law of this state

other than this part:

(i) the individual and the woman who gave birth to

the child are married to each other and the child is born

during the marriage, whether the marriage is or could be

declared invalid;

(ii) the individual and the woman who gave birth to

the child were married to each other and the child is

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born not later than 300 days after the marriage is

terminated by death, divorce, dissolution or annulment,

whether the marriage is or could be declared invalid; or

(iii) the individual and the woman who gave birth to

the child married each other after the birth of the

child, whether the marriage is or could be declared

invalid, the individual at any time asserted parentage of

the child and:

(A) the assertion is in a record filed with the

Bureau of Vital Statistics; or

(B) the individual agreed to be and is named as

a parent of the child on the birth certificate of the

child; or

(2) the individual resided in the same household with

the child for the first two years of the life of the child,

including any period of temporary absence, and openly held

out the child as the individual's child.

(b) Effect of presumption of parentage.--A presumption of

parentage under this section may be overcome and competing

claims to parentage may be resolved only by an adjudication

under Chapter 96 (relating to proceeding to adjudicate

parentage) or a valid denial of parentage under Chapter 93

(relating to voluntary acknowledgment of parentage).

CHAPTER 93

VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE

Sec.

9301. Acknowledgment of parentage.

9302. Execution of acknowledgment of parentage.

9303. Denial of parentage.

9304. Rules for acknowledgment or denial of parentage.

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9305. Effect of acknowledgment or denial of parentage.

9306. No filing fee.

9307. Ratification barred.

9308. Procedure for rescission.

9309. Challenge after expiration of period for rescission.

9310. Procedure for challenge by signatory.

9311. Full faith and credit.

9312. Forms for acknowledgment and denial of parentage.

9313. Release of information.

9314. Adoption of rules.

§ 9301. Acknowledgment of parentage .

A woman who gave birth to a child and an alleged genetic

father of the child, intended parent under Chapter 97 (relating

to assisted reproduction) or presumed parent may sign an

acknowledgment of parentage to establish the parentage of the

child.

§ 9302. Execution of acknowledgment of parentage .

(a) General rule.--An acknowledgment of parentage under

section 9301 (relating to acknowledgment of parentage) must:

(1) be in a record signed by the woman who gave birth to

the child and by the individual seeking to establish a

parent-child relationship and the signatures must be attested

by a notarial officer or witnessed;

(2) state that the child whose parentage is being

acknowledged:

(i) does not have a presumed parent other than the

individual seeking to establish the parent-child

relationship or has a presumed parent whose full name is

stated; and

(ii) does not have another acknowledged parent,

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adjudicated parent or individual who is a parent of the

child under Chapter 97 (relating to assisted

reproduction) or 98 (relating to surrogacy agreement)

other than the woman who gave birth to the child; and

(3) state that the signatories understand that the

acknowledgment is the equivalent of an adjudication of

parentage of the child and that a challenge to the

acknowledgment is permitted only under limited circumstances

and is barred two years after the effective date of the

acknowledgment.

(b) Void acknowledgment of parentage.--An acknowledgment of

parentage is void if, at the time of signing:

(1) an individual other than the individual seeking to

establish parentage is a presumed parent, unless a denial of

parentage by the presumed parent in a signed record, is filed

with the Bureau of Vital Statistics; or

(2) an individual, other than the woman who gave birth

to the child or the individual seeking to establish

parentage, is an acknowledged or adjudicated parent or a

parent under Chapter 97 or 98.

§ 9303. Denial of parentage.

A presumed parent or alleged genetic parent may sign a denial

of parentage in a record. The denial of parentage is valid only

if:

(1) an acknowledgment of parentage by another individual

is filed under section 9305 (relating to effect of

acknowledgment or denial of parentage);

(2) the signature of the presumed parent or alleged

genetic parent is attested by a notarial officer or

witnessed; and

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(3) the presumed parent or alleged genetic parent has

not previously:

(i) completed a valid acknowledgment of parentage,

unless the previous acknowledgment was rescinded under

section 9308 (relating to procedure for rescission) or

challenged successfully under section 9309 (relating to

challenge after expiration of period for rescission); or

(ii) been adjudicated to be a parent of the child.

§ 9304. Rules for acknowledgment or denial or parentage .

(a) General rule.--An acknowledgment of parentage and a

denial of parentage may be contained in a single document or may

be in counterparts and may be filed with the Bureau of Vital

Statistics separately or simultaneously. If filing of the

acknowledgment and denial both are required under this part,

neither is effective until both are filed.

(b) Time period for signing.--An acknowledgment of parentage

or denial of parentage may be signed before or after the birth

of the child.

acknowledgment of parentage or denial of parentage takes effect

on the birth of the child or filing of the document with the

Bureau of Vital Statistics, whichever occurs later.

(d) Validity.--An acknowledgment of parentage or denial of

parentage signed by a minor is valid if the acknowledgment

complies with this part.

§ 9305. Effect of acknowledgment or denial of parentage .

(a) Acknowledgment of parentage.--Except as otherwise

provided in sections 9308 (relating to procedure for rescission)

and 9309 (relating to challenge after expiration of period for

rescission), an acknowledgment of parentage that complies with

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this chapter and is filed with the Bureau of Vital Statistics is

equivalent to an adjudication of parentage of the child and

confers on the acknowledged parent all rights and duties of a

parent.

(b) Denial of parentage.--Except as otherwise provided in

sections 9308 and 9309, a denial of parentage by a presumed

parent or alleged genetic parent which complies with this

chapter and is filed with the Bureau of Vital Statistics with an

acknowledgment of parentage that complies with this chapter is

equivalent to an adjudication of the nonparentage of the

presumed parent or alleged genetic parent and discharges the

presumed parent or alleged genetic parent from all rights and

duties of a parent.

§ 9306. No filing fee .

The Bureau of Vital Statistics may not charge a fee for

filing an acknowledgment of parentage or denial of parentage.

§ 9307. Ratification barred .

A court conducting a judicial proceeding or an administrative

agency conducting an administrative proceeding is not required

or permitted to ratify an unchallenged acknowledgment of

parentage.

§ 9308. Procedure for rescission .

(a) General rule.--A signatory may rescind an acknowledgment

of parentage or denial of parentage by filing with the Bureau of

Vital Statistics a rescission in a signed record which is

attested by a notarial officer or witnessed before the earlier

of:

(1) sixty days after the effective date under section

9304 (relating to rules for acknowledgment or denial of

parentage) of the acknowledgment or denial; or

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(2) the date of the first hearing before a court in a

proceeding, to which the signatory is a party, to adjudicate

an issue relating to the child, including a proceeding that

establishes support.

(b) Associated denial of parentage.--If an acknowledgment of

parentage is rescinded under subsection (a), an associated

denial of parentage is invalid, and the Bureau of Vital

Statistics shall notify the woman who gave birth to the child

and the individual who signed a denial of parentage of the child

that the acknowledgment has been rescinded. Failure to give the

notice required by this subsection does not affect the validity

of the rescission.

§ 9309. Challenge after expiration of period for rescission .

(a) Signatories.--After the period for rescission under

section 9308 (relating to p rocedure for rescission) expires, but

not later than two years after the effective date under section

9304 (relating to rules for acknowledgment or denial of

parentage) of an acknowledgment of parentage or denial of

parentage, a signatory of the acknowledgment or denial may

commence a proceeding to challenge the acknowledgment or denial,

including a challenge brought under section 9614 (relating to

precluding establishment of parentage by perpetrator of sexual

assault), only on the basis of fraud, duress or material mistake

of fact.

(b) Nonsignatories.--A challenge to an acknowledgment of

parentage or denial of parentage by an individual who was not a

signatory to the acknowledgment or denial is governed by section

9310 (relating to procedure for challenge by signatory).

§ 9310. Procedure for challenge by signatory .

(a) Parties.--Every signatory to an acknowledgment of

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parentage and any related denial of parentage must be made a

party to a proceeding to challenge the acknowledgment or denial.

(b) Personal jurisdiction.--By signing an acknowledgment of

parentage or denial of parentage, a signatory submits to

personal jurisdiction in this state in a proceeding to challenge

the acknowledgment or denial, effective on the filing of the

acknowledgment or denial with the Bureau of Vital Statistics.

suspend the legal responsibilities arising from an

acknowledgment of parentage, including the duty to pay child

support, during the pendency of a proceeding to challenge the

acknowledgment or a related denial of parentage, unless the

party challenging the acknowledgment or denial shows good cause.

(d) Burden of proof.--A party challenging an acknowledgment

of parentage or denial of parentage has the burden of proof.

(e) Order to amend birth record.--If the court determines

that a party has satisfied the burden of proof under subsection

(d), the court shall order the Bureau of Vital Statistics to

amend the birth record of the child to reflect the legal

parentage of the child.

(f) Conduct of proceedings.--A proceeding to challenge an

acknowledgment of parentage or denial of parentage must be

conducted under Chapter 96 (relating to proceeding to adjudicate

parentage).

§ 9311. Full faith and credit .

The court shall give full faith and credit to an

acknowledgment of parentage or denial of parentage effective in

another state if the acknowledgment or denial is in a signed

record and otherwise complies with the law of the other state.

§ 9312. Forms for acknowledgment and denial of parentage .

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(a) Duty to prescribe forms.--The Bureau of Vital Statistics

shall prescribe forms for an acknowledgment of parentage and

denial of parentage.

(b) Effect of later modification.--A valid acknowledgment of

parentage or denial of parentage is not affected by a later

modification of the form under subsection (a).

§ 9313. Release of information .

The Bureau of Vital Statistics may release information

relating to an acknowledgment of parentage or denial of

parentage to a signatory of the acknowledgment or denial, court,

Federal agency and child-support agency of this or another

state.

§ 9314. Adoption of rules .

The Bureau of Vital Statistics may adopt rules to implement

this chapter.

CHAPTER 94

REGISTRY OF PATERNITY

Subchapter

A. General Provisions

B. Operation of Registry

C. Search of Registry

SUBCHAPTER A

GENERAL PROVISIONS

Sec.

9401. Establishment of registry.

9402. Registration for notification.

9403. Notice of proceeding.

9404. Termination of parental rights: child under one year of

age.

9405. Termination of parental rights: child at least one year

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of age.

§ 9401. Establishment of registry.

A registry of paternity is established in the Department of

Health.

§ 9402. Registration for notification.

(a) General rule.--Except as otherwise provided in

subsection (b) or section 9405 (relating to termination of

parental rights: child at least one year of age), a man who

desires to be notified of a proceeding for adoption of or

termination of parental rights regarding his genetic child must

9401 (relating to establishment of registry) before the birth of

the child or not later than 30 days after the birth.

(b) Exemption from registry.--A man is not required to

(1) a parent-child relationship between the man and the

child has been established under this part or the law of this

state other than this part; or

(2) the man commences a proceeding to adjudicate his

parentage before a court has terminated his parental rights.

under subsection (a) shall notify the registry promptly in a

record of any change in the information registered. The

Department of Health shall incorporate new information received

into its records but need not seek to obtain current information

for incorporation in the registry.

§ 9403. Notice of proceeding.

An individual who seeks to adopt a child or terminate

parental rights to the child shall give notice of the proceeding

to a man who has registered timely under section 9402(a)

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(relating to registration for notification) regarding the child.

Notice must be given in a manner prescribed for service of

process in a civil proceeding in this state.

§ 9404. Termination of parental rights: child under one year of

age.

An individual who seeks to adopt or terminate parental rights

to a child is not required to give notice of the proceeding to a

man who may be the genetic father of the child if:

(1) the child is under one year of age at the time of

the termination of parental rights;

(2) the man did not register timely under section

9402(a) (relating to registration for notification); and

(3) the man is not exempt from registration under

section 9402(b).

§ 9405. Termination of parental rights: child at least one year

of age.

If a child is at least one year of age, an individual seeking

to adopt or terminate parental rights to the child shall give

notice of the proceeding to each alleged genetic father of the

child, whether or not he has registered under section 9402(a)

(relating to registration for notification), unless his parental

rights have already been terminated. Notice must be given in a

manner prescribed for service of process in a civil proceeding

in this state.

SUBCHAPTER B

OPERATION OF REGISTRY

Sec.

9406. Required form.

9407. Furnishing information; confidentiality.

9408. Penalty for releasing information.

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9409. Rescission of registration.

9410. Untimely registration.

9411. Fees for registry.

§ 9406. Required form.

(a) Contents.--The Department of Health shall prescribe a

form for registering under section 9402(a) (relating to

registration for notification). The form must state that:

(1) the man who registers signs the form under penalty

of perjury;

(2) timely registration entitles the man who registers

to notice of a proceeding for adoption of the child or

termination of the parental rights of the man;

(3) timely registration does not commence a proceeding

to establish parentage;

(4) the information disclosed on the form may be used

against the man who registers to establish parentage;

(5) services to assist in establishing parentage are

available to the man who registers through a domestic

relations section of a court or the Department of Health;

(6) the man who registers also may register in a

registry of paternity in another state if conception or birth

of the child occurred in the other state;

(7) information on registries of paternity of other

states is available from the Department of Health; and

(8) procedures exist to rescind the registration.

(b) Penalty.--A man who registers under section 9402(a)

shall sign the form described in subsection (a) under penalty of

perjury.

§ 9407. Furnishing information; confidentiality.

(a) Duty of Department of Health.--The Department of Health

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is not required to seek to locate the woman who gave birth to

the child who is the subject of a registration under section

9402(a) (relating to registration for notification), but the

Department of Health shall give notice of the registration to

the woman if the Department of Health has her address.

(b) Access to confidential information.--Information

contained in the registry of paternity established by section

9401 (relating to establishment of registry) is confidential and

may be released on request only to:

(1) a court or individual designated by the court;

(2) the woman who gave birth to the child who is the

subject of the registration;

(3) an agency authorized by Federal law, the law of this

state other than this part or the law of another state to

receive the information;

(4) a licensed child-placing agency;

(5) a child-support agency;

(6) a party or the party's attorney of record in a

proceeding under this part or in a proceeding to adopt or

terminate parental rights to the child who is the subject of

the registration; and

(7) a registry of paternity in another state.

§ 9408. Penalty for releasing information.

An individual who intentionally releases information from the

registry of paternity established by section 9401 (relating to

establishment of registry) to an individual or agency not

authorized under section 9407(b) (relating to furnishing

information; confidentiality) to receive the information commits

a misdemeanor of the third degree.

§ 9409. Rescission of registration .

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A man who registers under section 9402(a) (relating to

registration for notification) may rescind his registration at

any time by filing with the registry of paternity established by

section 9401 (relating to establishment of registry) a

rescission in a signed record that is attested by a notarial

officer or witnessed.

§ 9410. Untimely registration .

If a man registers under section 9402(a) (relating to

registration for notification) more than 30 days after the birth

of the child, the Department of Health shall notify the man who

registers that, based on a review of the registration, the

registration was not filed timely.

§ 9411. Fees for registry .

(a) Registration fee prohibited.--The Department of Health

may not charge a fee for filing a registration under section

9402(a) (relating to registration for notification) or

rescission of registration under section 9409 (relating to

r escission of registration) .

(b) Search and certification fees permitted.--Except as

otherwise provided in subsection (c), the Department of Health

may charge a reasonable fee to search the registry of paternity

established by section 9401 (relating to establishment of

registry) and for furnishing a certificate of search under

section 9414 (relating to certificate of search of registry).

not required to pay a fee authorized by subsection (b).

SUBCHAPTER C

SEARCH OF REGISTRY

Sec.

9412. Child born through assisted reproduction: search of

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registry inapplicable.

9413. Search of appropriate registry.

9414. Certificate of search of registry.

9415. Admissibility of registered information.

§ 9412. Child born through assisted reproduction: search of

registry inapplicable.

This subchapter does not apply to a child born through

assisted reproduction.

§ 9413. Search of appropriate registry.

If a parent-child relationship has not been established under

this part between a child who is under one year of age and an

individual other than the woman who gave birth to the child:

(1) an individual seeking to adopt or terminate parental

rights to the child shall obtain a certificate of search

under section 9414 (relating to certificate of search of

registry) to determine if a registration has been filed in

the registry of paternity established by section 9401

(relating to establishment of registry) regarding the child;

and

(2) if the individual has reason to believe that

conception or birth of the child may have occurred in another

state, the individual shall obtain a certificate of search

from the registry of paternity, if any, in that state.

§ 9414. Certificate of search of registry.

(a) Duty to furnish.--The Department of Health shall furnish

a certificate of search of the registry of paternity established

by section 9401 (relating to establishment of registry) on

request to an individual, court or agency identified in section

9407(b) (relating to furnishing information; confidentiality) or

an individual required under section 9413(1) (relating to search

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of appropriate registry) to obtain a certificate.

(b) Contents of certificate.--A certificate furnished under

subsection (a):

(1) must be signed on behalf of the Department of Health

and state that:

(i) a search has been made of the registry; and

(ii) a registration under section 9402(a) (relating

to registration for notification) containing the

information required to identify the man who registers:

(A) has been found; or

(B) has not been found; and

(2) if paragraph (1)(ii)(A) applies, must have a copy of

the registration attached.

seeking to adopt or terminate parental rights to a child must

file with the court the certificate of search furnished under

subsection (a) and section 9413(2) (relating to search of

appropriate registry), if applicable, before a proceeding to

adopt or terminate parental rights to the child may be

concluded.

§ 9415. Admissibility of registered information.

A certificate of search of a registry of paternity in this or

another state is admissible in a proceeding for adoption of or

termination of parental rights to a child and, if relevant, in

other legal proceedings.

CHAPTER 95

GENETIC TESTING

Sec.

9501. Definitions.

9502. Scope of chapter; limitation on use of genetic testing.

20190HB0243PN0213 - 22 -

9503. Authority to order or deny genetic testing.

9504. Requirements for genetic testing.

9505. Report of genetic testing.

9506. Genetic testing results; challenge to results.

9507. Cost of genetic testing.

9508. Additional genetic testing.

9509. Genetic testing when specimen not available.

9510. Deceased individual.

9511. Identical siblings.

9512. Confidentiality of genetic testing.

§ 9501. Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

"Combined relationship index." The product of all tested

relationship indices.

"Ethnic or racial group." For the purpose of genetic

testing, a recognized group that an individual identifies as the

individual's ancestry or part of the ancestry or that is

identified by other information.

"Hypothesized genetic relationship." An asserted genetic

relationship between an individual and a child.

"Probability of parentage." For the ethnic or racial group

to which an individual alleged to be a parent belongs, the

probability that a hypothesized genetic relationship is

supported, compared to the probability that a genetic

relationship is supported between the child and a random

individual of the ethnic or racial group used in the

hypothesized genetic relationship, expressed as a percentage

incorporating the combined relationship index and a prior

20190HB0243PN0213 - 23 -

probability.

"Relationship index." A likelihood ratio that compares the

probability of a genetic marker given a hypothesized genetic

relationship and the probability of the genetic marker given a

genetic relationship between the child and a random individual

of the ethnic or racial group used in the hypothesized genetic

relationship.

§ 9502. Scope of chapter; limitation on use of genetic testing.

(a) General rule.--This chapter governs genetic testing of

an individual in a proceeding to adjudicate parentage, whether

the individual:

(1) voluntarily submits to testing; or

(2) is tested under an order of the court or a child-

support agency.

(b) Prohibited uses.--Genetic testing may not be used:

(1) to challenge the parentage of an individual who is a

parent under Chapter 97 (relating to assisted reproduction)

or 98 (relating to surrogacy agreement); or

(2) to establish the parentage of an individual who is a

donor.

§ 9503. Authority to order or deny genetic testing.

(a) General rule.--Except as otherwise provided in this

chapter or Chapter 96 (relating to proceeding to adjudicate

parentage), in a proceeding under this part to determine

parentage, the court shall order the child and any other

individual to submit to genetic testing if a request for testing

is supported by the sworn statement of a party:

(1) alleging a reasonable possibility that the

individual is the child's genetic parent; or

(2) denying genetic parentage of the child and stating

20190HB0243PN0213 - 24 -

facts establishing a reasonable possibility that the

individual is not a genetic parent.

(b) When permitted.--The domestic relations section of a

court may order genetic testing only if there is no presumed,

acknowledged or adjudicated parent of a child other than the

woman who gave birth to the child.

child-support agency may not order in utero genetic testing.

(d) Multiple individuals.--If two or more individuals are

subject to court-ordered genetic testing, the court may order

that testing be completed concurrently or sequentially.

(e) Women subject to genetic testing.--Genetic testing of a

woman who gave birth to a child is not a condition precedent to

testing of the child and an individual whose genetic parentage

of the child is being determined. If the woman is unavailable or

declines to submit to genetic testing, the court may order

genetic testing of the child and each individual whose genetic

parentage of the child is being adjudicated.

(f) Discretion to deny motion.--In a proceeding to

adjudicate the parentage of a child having a presumed parent or

an individual who claims to be a parent under section 9609

(relating to adjudicating claim of de facto parentage of child),

or to challenge an acknowledgment of parentage, the court may

deny a motion for genetic testing of the child and any other

individual after considering the factors in section 9613(a) and

(b) (relating to adjudicating competing claims of parentage).

(g) Conditions requiring denial of motion.--If an individual

requesting genetic testing is barred under Chapter 96 from

establishing the individual's parentage, the court shall deny

the request for genetic testing.

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(h) Enforcement.--An order under this section for genetic

testing is enforceable by contempt.

§ 9504. Requirements for genetic testing .

(a) Types authorized.--Genetic testing must be of a type

reasonably relied on by experts in the field of genetic testing

and performed in a testing laboratory accredited by:

(1) the AABB, formerly known as the American Association

of Blood Banks, or a successor to its functions; or

(2) an accrediting body designated by the Secretary of

the United States Department of Health and Human Services.

(b) Specimens.--A specimen used in genetic testing may

consist of a sample or a combination of samples of blood, buccal

cells, bone, hair or other body tissue or fluid. The specimen

used in the testing need not be of the same kind for each

individual undergoing genetic testing.

or racial group of an individual undergoing genetic testing, a

testing laboratory shall determine the databases from which to

select frequencies for use in calculating a relationship index.

If an individual or a child-support agency objects to the

laboratory's choice, the following rules apply:

(1) Not later than 30 days after receipt of the report

of the test, the objecting individual or child-support agency

may request the court to require the laboratory to

recalculate the relationship index using an ethnic or racial

group different from that used by the laboratory.

(2) The individual or the child-support agency objecting

to the laboratory's choice under this subsection shall:

(i) if the requested frequencies are not available

to the laboratory for the ethnic or racial group

20190HB0243PN0213 - 26 -

requested, provide the requested frequencies compiled in

a manner recognized by accrediting bodies; or

(ii) engage another laboratory to perform the

calculations.

(3) The laboratory may use its own statistical estimate

if there is a question of which ethnic or racial group is

appropriate. The laboratory shall calculate the frequencies

using statistics, if available, for any other ethnic or

racial group requested.

(d) Discretion to require additional genetic testing.--If,

after recalculation of the relationship index under subsection

under section 9506 (relating to genetic testing results;

challenge to results) does not identify an individual as a

genetic parent of a child, the court may require an individual

who has been tested to submit to additional genetic testing to

identify a genetic parent.

§ 9505. Report of genetic testing .

(a) Requirements.--A report of genetic testing must be in a

record and signed under penalty of perjury by a designee of the

testing laboratory. A report complying with the requirements of

this chapter is self-authenticating.

(b) Admissibility of documentation.--Documentation from a

testing laboratory of the following information is sufficient to

establish a reliable chain of custody and allow the results of

genetic testing to be admissible without testimony:

(1) the name and photograph of each individual whose

specimen has been taken;

(2) the name of the individual who collected each

specimen;

20190HB0243PN0213 - 27 -

(3) the place and date each specimen was collected;

(4) the name of the individual who received each

specimen in the testing laboratory; and

(5) the date each specimen was received.

§ 9506. Genetic testing results; challenge to results .

(a) General rule.--Subject to a challenge under subsection

(b), an individual is identified under this part as a genetic

parent of a child if genetic testing complies with this chapter

and the results of the testing disclose:

(1) the individual has at least a 99% probability of

parentage, using a prior probability of 0.50, as calculated

by using the combined relationship index obtained in the

testing; and

(2) a combined relationship index of at least 100 to 1.

(b) When challenge permitted.--An individual identified

under subsection (a) as a genetic parent of the child may

challenge the genetic testing results only by other genetic

testing satisfying the requirements of this chapter which:

(1) excludes the individual as a genetic parent of the

child; or

(2) identifies another individual as a possible genetic

parent of the child other than:

(i) the woman who gave birth to the child; or

(ii) the individual identified under subsection (a).

as otherwise provided in section 9511 (relating to identical

siblings), if more than one individual other than the woman who

gave birth is identified by genetic testing as a possible

genetic parent of the child, the court shall order each

individual to submit to further genetic testing to identify a

20190HB0243PN0213 - 28 -

genetic parent.

§ 9507. Cost of genetic testing .

(a) General rule.--Subject to assessment of fees under

Chapter 96 (relating to proceeding to adjudicate parentage),

payment of the cost of initial genetic testing must be made in

advance:

(1) by a child-support agency in a proceeding in which

the domestic relations section of a court provides services;

(2) by the individual who made the request for genetic

testing;

(3) as agreed by the parties; or

(4) as ordered by the court.

(b) Reimbursement authorized.--If the cost of genetic

testing is paid by the domestic relations section of a court,

the domestic relations section may seek reimbursement from the

genetic parent whose parent-child relationship is established.

§ 9508. Additional genetic testing .

The court or domestic relations section of a court shall

order additional genetic testing on request of an individual who

contests the result of the initial testing under section 9506

(relating to g enetic testing results; challenge to results) . If

initial genetic testing under section 9506 identifies an

individual as a genetic parent of the child, the court or agency

may not order additional testing unless the contesting

individual pays for the testing in advance.

§ 9509. Genetic testing when specimen not available .

(a) Individuals subject to.--Subject to subsection (b), if a

genetic testing specimen is not available from an alleged

genetic parent of a child, an individual seeking genetic testing

demonstrates good cause and the court finds that the

20190HB0243PN0213 - 29 -

circumstances are just, the court may order any of the following

individuals to submit specimens for genetic testing:

(1) a parent of the alleged genetic parent;

(2) a sibling of the alleged genetic parent;

(3) another child of the alleged genetic parent and the

woman who gave birth to the other child; and

(4) another relative of the alleged genetic parent

necessary to complete genetic testing.

(b) Balancing test.--To issue an order under this section,

the court must find that a need for genetic testing outweighs

the legitimate interests of the individual sought to be tested.

§ 9510. Deceased individual .

If an individual seeking genetic testing demonstrates good

cause, the court may order genetic testing of a deceased

individual.

§ 9511. Identical siblings .

(a) General rule.--If the court finds there is reason to

believe that an alleged genetic parent has an identical sibling

and evidence that the sibling may be a genetic parent of the

child, the court may order genetic testing of the sibling.

(b) Nongenetic evidence.--If more than one sibling is

identified under section 9506 (relating to g enetic testing

results; challenge to results) as a genetic parent of the child,

the court may rely on nongenetic evidence to adjudicate which

sibling is a genetic parent of the child.

§ 9512. Confidentiality of genetic testing .

(a) General rule.--Release of a report of genetic testing

for parentage is controlled by the law of this state other than

this part.

(b) Penalty.--An individual who intentionally releases an

20190HB0243PN0213 - 30 -

identifiable specimen of another individual collected for

genetic testing under this chapter for a purpose not relevant to

a proceeding regarding parentage, without a court order or

written permission of the individual who furnished the specimen,

commits a misdemeanor of the third degree.

CHAPTER 96

PROCEEDING TO ADJUDICATE PARENTAGE

Subchapter

A. Nature of Proceeding

B. Special Rules for Proceeding to Adjudicate Parentage

C. Hearing and Adjudication

SUBCHAPTER A

NATURE OF PROCEEDING

Sec.

9601. Proceeding authorized.

9602. Standing to maintain proceeding.

9603. Notice of proceeding.

9604. Personal jurisdiction.

9605. Venue.

§ 9601. Proceeding authorized.

(a) General rule.--A proceeding may be commenced to

adjudicate the parentage of a child. Except as otherwise

provided in this part, the proceeding is governed by the

Pennsylvania Rules of Civil Procedure.

(b) Exception.--A proceeding to adjudicate the parentage of

a child born under a surrogacy agreement is governed by Chapter

98 (relating to surrogacy agreement).

§ 9602. Standing to maintain proceeding.

Except as otherwise provided in Chapter 93 (relating to

voluntary acknowledgment of parentage) and sections 9608

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(relating to adjudicating parentage of child with presumed

parent), 9609 (relating to adjudicating claim of de facto

parentage of child), 9610 (relating to adjudicating parentage of

child with acknowledged parent) and 9611 (relating to

adjudicating parentage of child with adjudicated parent), a

proceeding to adjudicate parentage may be maintained by:

(1) the child;

(2) the woman who gave birth to the child, unless a

court has adjudicated that she is not a parent;

(3) an individual who is a parent under this part;

(4) an individual whose parentage of the child is to be

adjudicated;

(5) the domestic relations section of a court;

(6) an adoption agency authorized by the law of this

state other than this part or licensed child-placement

agency; or

(7) a representative authorized by the law the of this

state other than this part to act for an individual who

otherwise would be entitled to maintain a proceeding but is

deceased, incapacitated or a minor.

§ 9603. Notice of proceeding .

(a) Individuals entitled to notice.--The petitioner shall

give notice of a proceeding to adjudicate parentage to the

following individuals:

(1) the woman who gave birth to the child, unless a

court has adjudicated that she is not a parent;

(2) an individual who is a parent of the child under

this part;

(3) a presumed, acknowledged or adjudicated parent of

the child; and

20190HB0243PN0213 - 32 -

(4) an individual whose parentage of the child will be

adjudicated.

(b) Right to intervene.--An individual entitled to notice

under subsection (a) has a right to intervene in the proceeding.

subsection (a) does not render a judgment void. Lack of notice

does not preclude an individual entitled to notice under

subsection (a) from bringing a proceeding under section 9611(b)

(relating to adjudicating parentage of child with adjudicated

parent).

§ 9604. Personal jurisdiction .

(a) General rule.--The court may adjudicate an individual's

parentage of a child only if the court has personal jurisdiction

over the individual.

(b) Nonresidents, guardians and conservators.--A court of

this state with jurisdiction to adjudicate parentage may

exercise personal jurisdiction over a nonresident individual, or

the guardian or conservator of the individual, if the conditions

prescribed in section 7201 (relating to bases for jurisdiction

over nonresident) are satisfied.

individual does not preclude the court from making an

adjudication of parentage binding on another individual.

§ 9605. Venue .

Venue for a proceeding to adjudicate parentage is in the

county of this state in which:

(1) the child resides or is located;

(2) if the child does not reside in this state, the

respondent resides or is located; or

(3) a proceeding has been commenced for administration

20190HB0243PN0213 - 33 -

of the estate of an individual who is or may be a parent

under this part.

SUBCHAPTER B

SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE

Sec.

9606. Admissibility of results of genetic testing.

9607. Adjudicating parentage of child with alleged genetic

parent.

9608. Adjudicating parentage of child with presumed parent.

9609. Adjudicating claim of de facto parentage of child.

9610. Adjudicating parentage of child with acknowledged parent.

9611. Adjudicating parentage of child with adjudicated parent.

9612. Adjudicating parentage of child of assisted reproduction.

9613. Adjudicating competing claims of parentage.

9614. Precluding establishment of parentage by perpetrator of

sexual assault.

§ 9606. Admissibility of results of genetic testing.

(a) General rule.--Except as otherwise provided in section

9502(b) (relating to scope of chapter; limitation on use of

genetic testing), the court shall admit a report of genetic

testing ordered by the court under section 9503 (relating to

authority to order or deny genetic testing) as evidence of the

truth of the facts asserted in the report.

(b) Objection.--A party may object to the admission of a

report described in subsection (a) not later than 14 days after

the party receives the report. The party shall cite specific

grounds for exclusion.

of genetic testing may call a genetic testing expert to testify

in person or by another method approved by the court. Unless the

20190HB0243PN0213 - 34 -

court orders otherwise, the party offering the testimony bears

the expense for the expert testifying.

(d) Factors not affecting admissibility.--Admissibility of a

report of genetic testing is not affected by whether the testing

was performed:

(1) voluntarily or under an order of the court or the

domestic relations section of a court; or

(2) before, on or after commencement of the proceeding.

§ 9607. Adjudicating parentage of child with alleged genetic

parent.

(a) General rule.--A proceeding to determine whether an

alleged genetic parent who is not a presumed parent is a parent

of a child may be commenced:

(1) before the child becomes an adult; or

(2) after the child becomes an adult, but only if the

child initiates the proceeding.

(b) Woman who gave birth with sole claim.--Except as

otherwise provided in section 9614 (relating to precluding

establishment of parentage by perpetrator of sexual assault),

this subsection applies in a proceeding described in subsection

(a) if the woman who gave birth to the child is the only other

individual with a claim to parentage of the child. The court

shall adjudicate an alleged genetic parent to be a parent of the

child if the alleged genetic parent:

(1) is identified under section 9506 (relating to

genetic testing results; challenge to results) as a genetic

parent of the child and the identification is not

successfully challenged under section 9506;

(2) admits parentage in a pleading, when making an

appearance or during a hearing, the court accepts the

20190HB0243PN0213 - 35 -

admission, and the court determines the alleged genetic

parent to be a parent of the child;

(3) declines to submit to genetic testing ordered by the

court or a child-support agency, in which case the court may

adjudicate the alleged genetic parent to be a parent of the

child even if the alleged genetic parent denies a genetic

relationship with the child;

(4) is in default after service of process and the court

determines the alleged genetic parent to be a parent of the

child; or

(5) is neither identified nor excluded as a genetic

parent by genetic testing and, based on other evidence, the

court determines the alleged genetic parent to be a parent of

the child.

provided in section 9614 and subject to other limitations in

this chapter, if in a proceeding involving an alleged genetic

parent at least one other individual in addition to the woman

who gave birth to the child has a claim to parentage of the

child, the court shall adjudicate parentage under section 9613

(relating to adjudicating competing claims of parentage).

§ 9608. Adjudicating parentage of child with presumed parent .

(a) Time period for commencing.--A proceeding to determine

whether a presumed parent is a parent of a child may be

commenced:

(1) before the child becomes an adult; or

(2) after the child becomes an adult, but only if the

child initiates the proceeding.

(b) Effect of presumption of parentage.--A presumption of

parentage under section 9204 (relating to presumption of

20190HB0243PN0213 - 36 -

parentage) cannot be overcome after the child attains two years

of age unless the court determines:

(1) the presumed parent is not a genetic parent, never

resided with the child and never held out the child as the

presumed parent's child; or

(2) the child has more than one presumed parent.

otherwise provided in section 9614 (relating to precluding

establishment of parentage by perpetrator of sexual assault),

the following rules apply in a proceeding to adjudicate a

presumed parent's parentage of a child if the woman who gave

birth to the child is the only other individual with a claim to

parentage of the child:

(1) If no party to the proceeding challenges the

presumed parent's parentage of the child, the court shall

adjudicate the presumed parent to be a parent of the child.

(2) If the presumed parent is identified under section

9506 (relating to genetic testing results; challenge to

results) as a genetic parent of the child and that

identification is not successfully challenged under section

9506, the court shall adjudicate the presumed parent to be a

parent of the child.

(3) If the presumed parent is not identified under

section 9506 as a genetic parent of the child and the

presumed parent or the woman who gave birth to the child

challenges the presumed parent's parentage of the child, the

court shall adjudicate the parentage of the child in the best

interest of the child based on the factors under section

9613(a) and (b) (relating to adjudicating competing claims of

parentage).

20190HB0243PN0213 - 37 -

(d) Multiple individuals with claims.--Except as otherwise

provided in section 9614 and subject to other limitations in

this chapter, if in a proceeding to adjudicate a presumed

parent's parentage of a child another individual in addition to

the woman who gave birth to the child asserts a claim to

parentage of the child, the court shall adjudicate parentage

under section 9613.

§ 9609. Adjudicating claim of de facto parentage of child.

(a) Individuals entitled to commence proceeding.--A

proceeding to establish parentage of a child under this section

may be commenced only by an individual who:

(1) is alive when the proceeding is commenced; and

(2) claims to be a de facto parent of the child.

(b) Time period for commencing.--An individual who claims to

be a de facto parent of a child must commence a proceeding to

establish parentage of a child under this section:

(1) before the child attains 18 years of age; and

(2) while the child is alive.

individual who claims to be a de facto parent of a child to

maintain a proceeding under this section:

(1) The individual must file an initial verified

pleading alleging specific facts that support the claim to

parentage of the child asserted under this section. The

verified pleading must be served on all parents and legal

guardians of the child and any other party to the proceeding.

(2) An adverse party, parent or legal guardian may file

a pleading in response to the pleading filed under paragraph

(1). A responsive pleading must be verified and must be

served on parties to the proceeding.

20190HB0243PN0213 - 38 -

(3) Unless the court finds a hearing is necessary to

determine disputed facts material to the issue of standing,

the court shall determine, based on the pleadings under

paragraphs (1) and (2), whether the individual has alleged

facts sufficient to satisfy by a preponderance of the

evidence the requirements of subsection (d). If the court

holds a hearing under this subsection, the hearing must be

held on an expedited basis.

(d) Individual with sole claim.--In a proceeding to

adjudicate parentage of an individual who claims to be a de

facto parent of the child, if there is only one other individual

who is a parent or has a claim to parentage of the child, the

court shall adjudicate the individual who claims to be a de

facto parent to be a parent of the child if the individual

demonstrates by clear and convincing evidence that:

(1) the individual resided with the child as a regular

member of the child's household for a significant period;

(2) the individual engaged in consistent caretaking of

the child;

(3) the individual undertook full and permanent

responsibilities of a parent of the child without expectation

of financial compensation;

(4) the individual held out the child as the

individual's child;

(5) the individual established a bonded and dependent

relationship with the child which is parental in nature;

(6) another parent of the child fostered or supported

the bonded and dependent relationship required under

paragraph (5); and

(7) continuing the relationship between the individual

20190HB0243PN0213 - 39 -

and the child is in the best interest of the child.

(e) Multiple individuals with claims.--Subject to other

limitations in this chapter, if in a proceeding to adjudicate

parentage of an individual who claims to be a de facto parent of

the child there is more than one other individual who is a

parent or has a claim to parentage of the child and the court

determines that the requirements of subsection (d) are

satisfied, the court shall adjudicate parentage under section

9613 (relating to adjudicating competing claims of parentage).

§ 9610. Adjudicating parentage of child with acknowledged

parent.

(a) General rule.--If a child has an acknowledged parent, a

proceeding to challenge the acknowledgment of parentage or a

denial of parentage brought by a signatory to the acknowledgment

or denial is governed by sections 9309 (relating to challenge

after expiration of period for rescission) and 9310 (relating to

procedure for challenge by signatory).

(b) Procedure.--If a child has an acknowledged parent, the

following rules apply in a proceeding to challenge the

acknowledgment of parentage or a denial of parentage brought by

an individual, other than the child, who has standing under

section 9602 (relating to standing to maintain proceeding) and

was not a signatory to the acknowledgment or denial:

(1) The individual must commence the proceeding not

later than two years after the effective date of the

acknowledgment.

(2) The court may permit the proceeding only if the

court finds permitting the proceeding is in the best interest

of the child.

(3) If the court permits the proceeding, the court shall

20190HB0243PN0213 - 40 -

adjudicate parentage under section 9613 (relating to

adjudicating competing claims of parentage).

§ 9611. Adjudicating parentage of child with adjudicated

parent.

(a) General rule.--If a child has an adjudicated parent, a

proceeding to challenge the adjudication, brought by an

individual who was a party to the adjudication or received

notice under section 9603 (relating to notice of proceeding), is

governed by the rules governing a collateral attack on a

judgment.

(b) Procedure.--If a child has an adjudicated parent, the

following rules apply to a proceeding to challenge the

adjudication of parentage brought by an individual other than

the child who has standing under section 9602 (relating to

standing to maintain proceeding) and was not a party to the

adjudication and did not receive notice under section 9603:

(1) The individual must commence the proceeding not

later than two years after the effective date of the

adjudication.

(2) The court may permit the proceeding only if the

court finds permitting the proceeding is in the best interest

of the child.

(3) If the court permits the proceeding, the court shall

adjudicate parentage under section 9613 (relating to

adjudicating competing claims of parentage).

§ 9612. Adjudicating parentage of child of assisted

reproduction.

(a) General rule.--An individual who is a parent under

Chapter 97 (relating to assisted reproduction) or the woman who

gave birth to the child may bring a proceeding to adjudicate

20190HB0243PN0213 - 41 -

parentage. If the court determines that the individual is a

parent under Chapter 97, the court shall adjudicate the

individual to be a parent of the child.

(b) Multiple individuals with claims.--In a proceeding to

adjudicate an individual's parentage of a child, if another

individual other than the woman who gave birth to the child is a

parent under Chapter 97, the court shall adjudicate the

individual's parentage of the child under section 9613 (relating

to adjudicating competing claims of parentage).

§ 9613. Adjudicating competing claims of parentage.

(a) General rule.--Except as otherwise provided in section

9614 (relating to precluding establishment of parentage by

perpetrator of sexual assault), in a proceeding to adjudicate

competing claims of, or challenges under sections 9608(c)

(relating to adjudicating parentage of child with presumed

parent), 9610 (relating to adjudicating parentage of child with

acknowledged parent) or 9611 (relating to adjudicating parentage

of child with adjudicated parent) to, parentage of a child by

two or more individuals, the court shall adjudicate parentage in

the best interest of the child, based on:

(1) the age of the child;

(2) the length of time during which each individual

assumed the role of parent of the child;

(3) the nature of the relationship between the child and

each individual;

(4) the harm to the child if the relationship between

the child and each individual is not recognized;

(5) the basis for each individual's claim to parentage

of the child; and

(6) other equitable factors arising from the disruption

20190HB0243PN0213 - 42 -

of the relationship between the child and each individual or

the likelihood of other harm to the child.

(b) Factors to be considered.--If an individual challenges

parentage based on the results of genetic testing, in addition

to the factors listed in subsection (a), the court shall

consider:

(1) the facts surrounding the discovery that the

individual might not be a genetic parent of the child; and

(2) the length of time between the time that the

individual was placed on notice that the individual might not

be a genetic parent and the commencement of the proceeding.

adjudicate a child to have more than two parents under this part

if the court finds that failure to recognize more than two

parents would be detrimental to the child. A finding of

detriment to the child does not require a finding of unfitness

of any parent or individual seeking an adjudication of

parentage. In determining detriment to the child, the court

shall consider all relevant factors, including the harm if the

child is removed from a stable placement with an individual who

has fulfilled the child's physical needs and psychological needs

for care and affection and has assumed the role for a

substantial period.

§ 9614. Precluding establishment of parentage by perpetrator of

sexual assault.

(a) Definition.--In this section, "sexual assault" means the

offense under 18 Pa.C.S. § 3124.1 (relating to sexual assault).

(b) General rule.--In a proceeding in which a woman alleges

that a man committed a sexual assault that resulted in the woman

giving birth to a child, the woman may seek to preclude the man

20190HB0243PN0213 - 43 -

from establishing that he is a parent of the child.

(1) the man described in subsection (b) has previously

been adjudicated to be a parent of the child; or

(2) after the birth of the child, the man established a

bonded and dependent relationship with the child which is

parental in nature.

(d) Limitation.--Unless section 9309 (relating to challenge

after expiration of period for rescission) or 9607 (relating to

adjudicating parentage of child with alleged genetic parent)

applies, a woman must file a pleading making an allegation under

subsection (b) not later than two years after the birth of the

child. The woman may file the pleading only in a proceeding to

establish parentage under this part.

(e) Evidentiary standard.--An allegation under subsection

(b) may be proved by:

(1) evidence that the man was convicted of a sexual

assault, or a comparable crime in another jurisdiction,

against the woman and the child was born not later than 300

days after the sexual assault; or

(2) clear and convincing evidence that the man committed

sexual assault against the woman, and the child was born not

later than 300 days after the sexual assault.

(f) Duty of court.--Subject to subsections (a), (b), (c) and

(d), if the court determines that an allegation has been proven

under subsection (e), the court shall:

(1) adjudicate that the man described in subsection (b)

is not a parent of the child;

(2) require the Bureau of Vital Statistics to amend the

birth certificate if requested by the woman and the court

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determines that the amendment is in the best interest of the

child; and

(3) require the man pay to child support, birth-related

costs or both, unless the woman requests otherwise and the

court determines that granting the request is in the best

interest of the child.

SUBCHAPTER C

HEARING AND ADJUDICATION

Sec.

9615. Temporary order.

9616. Combining proceedings.

9617. Proceeding before birth.

9618. Child as party; representation.

9619. Court to adjudicate parentage.

9620. Hearing; inspection of records.

9621. Dismissal for want of prosecution.

9622. Order adjudicating parentage.

9623. Binding effect of determination of parentage.

§ 9615. Temporary order.

(a) General rule.--In a proceeding under this chapter, the

court may issue a temporary order for child support if the order

is consistent with the law of this state other than this part

and the individual ordered to pay support is:

(1) a presumed parent of the child;

(2) petitioning to be adjudicated a parent;

(3) identified as a genetic parent through genetic

testing under section 9506 (relating to genetic testing

results; challenge to results);

(4) an alleged genetic parent who has declined to submit

to genetic testing;

20190HB0243PN0213 - 45 -

(5) shown by clear and convincing evidence to be a

parent of the child; or

(6) a parent under this part.

(b) Custody and visitation provisions.--A temporary order

may include a provision for custody and visitation under the law

of this state other than this part.

§ 9616. Combining proceedings .

(a) General rule.--Except as otherwise provided in

subsection (b), the court may combine a proceeding to adjudicate

parentage under this part with a proceeding for adoption,

termination of parental rights, child custody or visitation,

child support, divorce, dissolution or annulment administration

of an estate or another appropriate proceeding.

(b) Prohibition.--A respondent may not combine a proceeding

described in subsection (a) with a proceeding to adjudicate

parentage brought under Part VIII (relating to uniform

interstate family support).

§ 9617. Proceeding before birth .

Except as otherwise provided in Chapter 98 (relating to

surrogacy agreement), a proceeding to adjudicate parentage may

be commenced before the birth of the child and an order or

judgment may be entered before birth, but enforcement of the

order or judgment must be stayed until the birth of the child.

§ 9618. Child as party; representation .

(a) Minor child as party.--A minor child is a proper party

but not a necessary party to a proceeding under this chapter.

(b) Representation of child.--The court shall appoint an

attorney, guardian ad litem or similar person to represent a

child in a proceeding under this chapter if the court finds that

the interests of the child are not adequately represented.

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§ 9619. Court to adjudicate parentage .

The court shall adjudicate parentage of a child without a

jury.

§ 9620. Hearing; inspection of records .

(a) Closure of proceeding.--On request of a party and for

good cause, the court may close a proceeding under this chapter

to the public.

(b) Final order and other documents.--A final order in a

proceeding under this chapter is available for public

inspection. Other papers and records are available for public

inspection only with the consent of the parties or by court

order.

§ 9621. Dismissal for want of prosecution .

The court may dismiss a proceeding under this part for want

of prosecution only without prejudice. An order of dismissal for

want of prosecution purportedly with prejudice is void and has

only the effect of a dismissal without prejudice.

§ 9622. Order adjudicating parentage .

(a) Identification of child.--An order adjudicating

parentage must identify the child in a manner provided by the

law of this state other than this part.

(b) Fees, costs and expenses.--Except as otherwise provided

in subsection (c), the court may assess filing fees, reasonable

attorney fees, fees for genetic testing, other costs and

necessary travel and other reasonable expenses incurred in a

proceeding under this chapter. Attorney fees awarded under this

subsection may be paid directly to the attorney and the attorney

may enforce the order in the attorney's own name.

fees, costs or expenses in a proceeding under this chapter

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against the domestic relations section of a court of this state

or another state, except as provided by the law of this state

other than this part.

(d) Admissibility of genetic testing and health care

bills.--In a proceeding under this chapter, a copy of a bill for

genetic testing or prenatal or postnatal health care for the

woman who gave birth to the child and the child provided to the

adverse party not later than 10 days before a hearing is

admissible to establish:

(1) the amount of the charge billed; and

(2) that the charge is reasonable and necessary.

(e) Child name changes.--On request of a party and for good

cause, the court in a proceeding under this chapter may order

the name of the child changed. If the court order changing the

name varies from the name on the birth certificate of the child,

the court shall order the Bureau of Vital Statistics to issue an

amended birth certificate.

§ 9623. Binding effect of determination of parentage .

(a) General rule.--Except as otherwise provided in

subsection (b):

(1) a signatory to an acknowledgment of parentage or

denial of parentage is bound by the acknowledgment and denial

as provided in Chapter 93 (relating to voluntary

acknowledgment of parentage); and

(2) a party to an adjudication of parentage by a court

acting under circumstances that satisfy the jurisdiction

requirements of section 7201 (relating to bases for

jurisdiction over nonresident) and any individual who

received notice of the proceeding are bound by the

adjudication.

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(b) Children.--A child is not bound by a determination of

parentage under this part unless:

(1) the determination was based on an unrescinded

acknowledgment of parentage and the acknowledgment is

consistent with the results of genetic testing;

(2) the determination was based on a finding consistent

with the results of genetic testing and the consistency is

declared in the determination or otherwise shown;

(3) the determination of parentage was made under

Chapters 97 (relating to assisted reproduction) or 98

(relating to surrogacy agreement); or

(4) the child was a party or was represented by an

attorney, guardian ad litem or similar person in the

proceeding.

dissolution or annulment, the court is deemed to have made an

adjudication of parentage of a child if the court acts under

circumstances that satisfy the jurisdiction requirements of

section 7201 and the final order:

(1) expressly identifies the child as a "child of the

marriage" or "issue of the marriage" or includes similar

words indicating that both spouses are parents of the child;

(2) provides for support of the child by a spouse unless

that spouse's parentage is disclaimed specifically in the

order.

(d) Defense available to nonparties.--Except as otherwise

provided in subsection (b) or section 9611 (relating to

adjudicating parentage of child with adjudicated parent), a

determination of parentage may be asserted as a defense in a

20190HB0243PN0213 - 49 -

subsequent proceeding seeking to adjudicate parentage of an

individual who was not a party to the earlier proceeding.

(e) Challenges to adjudication by parties.--A party to an

adjudication of parentage may challenge the adjudication only

under the law of this state other than this part relating to

appeal, vacation of judgment or other judicial review.

CHAPTER 97

ASSISTED REPRODUCTION

Sec.

9701. Scope of chapter.

9702. Parental status of donor.

9703. Parentage of child of assisted reproduction.

9704. Consent to assisted reproduction.

9705. Limitation on spouse's dispute of parentage.

9706. Effect of certain legal proceedings regarding marriage.

9707. Withdrawal of consent.

9708. Parental status of deceased individual.

§ 9701. Scope of chapter.

This chapter does not apply to the birth of a child conceived

by sexual intercourse or assisted reproduction under a surrogacy

agreement under Chapter 98 (relating to surrogacy agreement).

§ 9702. Parental status of donor.

A donor is not a parent of a child conceived by assisted

reproduction.

§ 9703. Parentage of child of assisted reproduction.

An individual who consents under section 9704 (relating to

consent to assisted reproduction) to assisted reproduction by a

woman with the intent to be a parent of a child conceived by the

assisted reproduction is a parent of the child.

§ 9704. Consent to assisted reproduction.

20190HB0243PN0213 - 50 -

(a) Record required.--Except as otherwise provided in

subsection (b), the consent described in section 9703 (relating

to parentage of child or assisted reproduction) must be in a

record signed by a woman giving birth to a child conceived by

assisted reproduction and an individual who intends to be a

parent of the child.

(b) Exception.--Failure to consent in a record as required

by subsection (a) before, on or after birth of the child does

not preclude the court from finding consent to parentage if:

(1) the woman or the individual proves by clear and

convincing evidence the existence of an express agreement

entered into before conception that the individual and the

woman intended they both would be parents of the child; or

(2) the woman and the individual for the first two years

of the child's life, including any period of temporary

absence, resided together in the same household with the

child and both openly held out the child as the individual's

child, unless the individual dies or becomes incapacitated

before the child attains two years of age or the child dies

before the child attains two years of age, in which case the

court may find consent under this subsection to parentage if

a party proves by clear and convincing evidence that the

woman and the individual intended to reside together in the

same household with the child and both intended the

individual would openly hold out the child as the

individual's child, but the individual was prevented from

carrying out that intent by death or incapacity.

§ 9705. Limitation on spouse's dispute of parentage.

(a) General rule.--Except as otherwise provided in

subsection (b), an individual who at the time of a child's birth

20190HB0243PN0213 - 51 -

is the spouse of the woman who gave birth to the child by

assisted reproduction, may not challenge the individual's

parentage of the child unless:

(1) not later than two years after the birth of the

child, the individual commences a proceeding to adjudicate

the individual's parentage of the child; and

(2) the court finds the individual did not consent to

the assisted reproduction before, on or after birth of the

child or withdrew consent under section 9707 (relating to

withdrawal of consent).

(b) Time period to commence proceeding.--A proceeding to

adjudicate a spouse's parentage of a child born by assisted

reproduction may be commenced at any time if the court

determines:

(1) the spouse neither provided a gamete for, nor

consented to, the assisted reproduction;

(2) the spouse and the woman who gave birth to the child

have not cohabited since the probable time of assisted

reproduction; and

(3) the spouse never openly held out the child as the

spouse's child.

dispute of parentage even if the spouse's marriage is declared

invalid after assisted reproduction occurs.

§ 9706. Effect of certain legal proceedings regarding marriage.

If a marriage of a woman who gives birth to a child conceived

by assisted reproduction is terminated through divorce or

dissolution, or annulled before transfer of gametes or embryos

to the woman, a former spouse of the woman is not a parent of

the child unless the former spouse consented in a record that

20190HB0243PN0213 - 52 -

the former spouse would be a parent of the child if assisted

reproduction were to occur after a divorce, dissolution or

annulment and the former spouse did not withdraw consent under

section 9707 (relating to withdrawal of consent).

§ 9707. Withdrawal of consent.

(a) General rule.--An individual who consents under section

9704 (relating to consent to assisted reproduction) to assisted

reproduction may withdraw consent any time before a transfer

that results in a pregnancy by giving notice in a record of the

withdrawal of consent to the woman who agreed to give birth to a

child conceived by assisted reproduction and to any clinic or

health care provider facilitating the assisted reproduction.

Failure to give notice to the clinic or health care provider

does not affect a determination of parentage under this part.

(b) Effect of withdrawal.--An individual who withdraws

consent under subsection (a) is not a parent of the child under

this chapter.

§ 9708. Parental status of deceased individual.

(a) Death after gamete or embryo transfer.--If an individual

who intends to be a parent of a child conceived by assisted

reproduction dies during the period between the transfer of a

gamete or embryo and the birth of the child, the individual's

death does not preclude the establishment of the individual's

parentage of the child if the individual otherwise would be a

parent of the child under this part.

(b) Death before gamete or embryo transfer.--If an

individual who consented in a record to assisted reproduction by

a woman who agreed to give birth to a child dies before a

transfer of gametes or embryos, the deceased individual is a

parent of a child conceived by the assisted reproduction only

20190HB0243PN0213 - 53 -

if:

(1) either:

(i) the individual consented in a record that if

assisted reproduction were to occur after the death of

the individual, the individual would be a parent of the

child; or

(ii) the individual's intent to be a parent of a

child conceived by assisted reproduction after the

individual's death is established by clear and convincing

evidence; and

(2) either:

(i) the embryo is in utero not later than 36 months

after the individual's death; or

(ii) the child is born not later than 45 months

after the individual's death.

CHAPTER 98

SURROGACY AGREEMENT

Subchapter

A. General Requirements

B. Special Rules for Gestational Surrogacy Agreement

C. Special Rules for Genetic Surrogacy Agreement

SUBCHAPTER A

GENERAL REQUIREMENTS

Sec.

9801. Definitions.

9802. Eligibility to enter gestational or genetic surrogacy

agreement.

9803. Requirements of gestational or genetic surrogacy

agreement: process.

9804. Requirements of gestational or genetic surrogacy

20190HB0243PN0213 - 54 -

agreements: content.

9805. Surrogacy agreement: effect of subsequent change of

marital status.

9806. Inspection of documents.

9807. Exclusive, continuing jurisdiction.

§ 9801. Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

"Genetic surrogate." A woman who is not an intended parent

and who agrees to become pregnant through assisted reproduction

using her own gamete, under a genetic surrogacy agreement as

provided in this chapter.

"Gestational surrogate." A woman who is not an intended

parent and who agrees to become pregnant through assisted

reproduction using gametes that are not her own, under a

gestational surrogacy agreement as provided in this chapter.

"Surrogacy agreement." An agreement between one or more

intended parents and a woman who is not an intended parent in

which the woman agrees to become pregnant through assisted

reproduction and which provides that each intended parent is a

parent of a child conceived under the agreement. Unless

otherwise specified, the term refers to both a gestational

surrogacy agreement and a genetic surrogacy agreement.

§ 9802. Eligibility to enter gestational or genetic surrogacy

agreement.

(a) Requirements for surrogates.--To execute an agreement to

act as a gestational or genetic surrogate, a woman must:

(1) have attained 21 years of age;

(2) previously have given birth to at least one child;

20190HB0243PN0213 - 55 -

(3) complete a medical evaluation related to the

surrogacy arrangement by a licensed medical doctor;

(4) complete a mental health consultation by a licensed

mental health professional; and

(5) have independent legal representation of her choice

throughout the surrogacy arrangement regarding the terms of

the surrogacy agreement and the potential legal consequences

of the agreement.

(b) Requirements for intended parents.--To execute a

surrogacy agreement, each intended parent, whether or not

genetically related to the child, must:

(1) have attained 21 years of age;

(2) complete a medical evaluation related to the

surrogacy arrangement by a licensed medical doctor;

(3) complete a mental health consultation by a licensed

mental health professional; and

(4) have independent legal representation of the

intended parent's choice throughout the surrogacy arrangement

regarding the terms of the surrogacy agreement and the

potential legal consequences of the agreement.

§ 9803. Requirements of gestational or genetic surrogacy

agreement: process.

A surrogacy agreement must be executed in compliance with the

following rules:

(1) At least one party must be a resident of this state

or, if no party is a resident of this state, at least one

medical evaluation or procedure or mental health consultation

under the agreement must occur in this state.

(2) A surrogate and each intended parent must meet the

requirements of section 9802 (relating to eligibility to

20190HB0243PN0213 - 56 -

enter gestational or genetic surrogacy agreement).

(3) Each intended parent, the surrogate and the

surrogate's spouse, if any, must be parties to the agreement.

(4) The agreement must be in a record signed by each

party listed in paragraph (3).

(5) The surrogate and each intended parent must

acknowledge in a record receipt of a copy of the agreement.

(6) The signature of each party to the agreement must be

attested by a notarial officer or witnessed.

(7) The surrogate and the intended parent or parents

must have independent legal representation throughout the

surrogacy arrangement regarding the terms of the surrogacy

agreement and the potential legal consequences of the

agreement, and each counsel must be identified in the

surrogacy agreement.

(8) The intended parent or parents must pay for

independent legal representation for the surrogate.

(9) The agreement must be executed before a medical

procedure occurs related to the surrogacy agreement, other

than the medical evaluation and mental health consultation

required by section 9802.

§ 9804. Requirements of gestational or genetic surrogacy

agreements: content.

(a) General rule.--A surrogacy agreement must comply with

the following requirements:

(1) A surrogate agrees to attempt to become pregnant by

means of assisted reproduction.

(2) Except as otherwise provided in sections 9811

(relating to gestational surrogacy agreement: order of

parentage), 9814 (relating to termination of genetic

20190HB0243PN0213 - 57 -

surrogacy agreement) and 9815 (relating to parentage under

validated genetic surrogacy agreement), the surrogate and the

surrogate's spouse or former spouse, if any, have no claim to

parentage of a child conceived by assisted reproduction under

the agreement.

(3) The surrogate's spouse, if any, must acknowledge and

agree to comply with the obligations imposed on the surrogate

by the agreement.

(4) Except as otherwise provided in sections 9811, 9814

and 9815, the intended parent or, if there are two intended

parents, each one jointly and severally, immediately on birth

will be the exclusive parent or parents of the child,

regardless of number of children born or gender or mental or

physical condition of each child.

(5) Except as otherwise provided in sections 9811, 9814

and 9815, the intended parent or, if there are two intended

parents, each parent jointly and severally, immediately on

birth will assume responsibility for the financial support of

the child, regardless of number of children born or gender or

mental or physical condition of each child.

(6) The agreement must include information disclosing

how each intended parent will cover the surrogacy-related

expenses of the surrogate and the medical expenses of the

child. If health care coverage is used to cover the medical

expenses, the disclosure must include a summary of the health

care policy provisions related to coverage for surrogate

pregnancy, including any possible liability of the surrogate,

third-party liability liens, other insurance coverage and any

notice requirement that could affect coverage or liability of

the surrogate. Unless the agreement expressly provides

20190HB0243PN0213 - 58 -

otherwise, the review and disclosure do not constitute legal

advice. If the extent of coverage is uncertain, a statement

of that fact is sufficient to comply with this paragraph.

(7) The agreement must permit the surrogate to make all

health and welfare decisions regarding herself and her

pregnancy. This part does not enlarge or diminish the

surrogate's right to terminate her pregnancy.

(8) The agreement must include information about each

party's right under this chapter to terminate the surrogacy

agreement.

(b) Additional provisions.--A surrogacy agreement may

provide for:

(1) payment of consideration and reasonable expenses;

and

(2) reimbursement of specific expenses if the agreement

is terminated under this chapter.

surrogacy agreement is not assignable, and there is no third-

party beneficiary of the agreement other than the child.

§ 9805. Surrogacy agreement: effect of subsequent change of

marital status.

(a) Surrogates.--Unless a surrogacy agreement expressly

provides otherwise:

(1) the marriage of a surrogate after the agreement is

signed by all parties does not affect the validity of the

agreement, her spouse's consent to the agreement is not

required and her spouse is not a presumed parent of a child

conceived by assisted reproduction under the agreement; and

(2) the divorce, dissolution or annulment of the

surrogate after the agreement is signed by all parties does

20190HB0243PN0213 - 59 -

not affect the validity of the agreement.

(b) Intended parents.--Unless a surrogacy agreement

expressly provides otherwise:

(1) the marriage of an intended parent after the

agreement is signed by all parties does not affect the

validity of a surrogacy agreement, the consent of the spouse

of the intended parent is not required and the spouse of the

intended parent is not, based on the agreement, a parent of a

child conceived by assisted reproduction under the agreement;

and

(2) the divorce, dissolution or annulment of an intended

parent after the agreement is signed by all parties does not

affect the validity of the agreement, and, except as

otherwise provided in section 9814 (relating to termination

of genetic surrogacy agreement), the intended parents are the

parents of the child.

§ 9806. Inspection of documents.

Unless the court orders otherwise, a petition and any other

document related to a surrogacy agreement filed with the court

under this subchapter are not open to inspection by any

individual other than the parties to the proceeding, a child

conceived by assisted reproduction under the agreement, their

attorneys and the Department of Health. A court may not

authorize an individual to inspect a document related to the

agreement unless required by exigent circumstances. The

individual seeking to inspect the document may be required to

pay the expense of preparing a copy of the document to be

inspected.

§ 9807. Exclusive, continuing jurisdiction.

During the period after the execution of a surrogacy

20190HB0243PN0213 - 60 -

agreement until 90 days after the birth of a child conceived by

assisted reproduction under the agreement, a court of this state

conducting a proceeding under this part has exclusive,

continuing jurisdiction over all matters arising out of the

agreement. This section does not give the court jurisdiction

over a child custody proceeding or child support proceeding if

jurisdiction is not otherwise authorized by the law of this

state other than this part.

SUBCHAPTER B

SPECIAL RULES FOR GESTATIONAL SURROGACY AGREEMENT

Sec.

9808. Termination of gestational surrogacy agreement.

9809. Parentage under gestational surrogacy agreement.

9810. Gestational surrogacy agreement: parentage of deceased

intended parent.

9811. Gestational surrogacy agreement: order of parentage.

9812. Effect of gestational surrogacy agreement.

§ 9808. Termination of gestational surrogacy agreement.

(a) General rule.--A party to a gestational surrogacy

agreement may terminate the agreement at any time before an

embryo transfer by giving notice of termination in a record to

all other parties. If an embryo transfer does not result in a

pregnancy, a party may terminate the agreement at any time

before a subsequent embryo transfer.

(b) Limited release.--Unless a gestational surrogacy

agreement provides otherwise, on termination of the agreement

under subsection (a), the parties are released from the

agreement, except that each intended parent remains responsible

for expenses that are reimbursable under the agreement and

incurred by the gestational surrogate through the date of

20190HB0243PN0213 - 61 -

termination.

a case involving fraud, neither a gestational surrogate nor the

surrogate's spouse or former spouse, if any, is liable to the

intended parent or parents for a penalty or liquidated damages

for terminating a gestational surrogacy agreement under this

section.

§ 9809. Parentage under gestational surrogacy agreement.

(a) Intended parents.--Except as otherwise provided in

subsection (c) or section 9810(b) (relating to gestational

surrogacy agreement: parentage of deceased intended parent) or

9812 (relating to effect of gestational surrogacy agreement), on

the birth of a child conceived by assisted reproduction under a

gestational surrogacy agreement, each intended parent is, by

operation of law, a parent of the child.

(b) Surrogates.--Except as otherwise provided in subsection

surrogate's spouse or former spouse, if any, is a parent of the

child.

be a genetic child of the woman who agreed to be a gestational

surrogate, the court shall order genetic testing of the child.

If the child is a genetic child of the woman who agreed to be a

gestational surrogate, parentage must be determined based on

Chapters 91 (relating to general provisions), 92 (relating to

parent-child relationship), 93 (relating to voluntary

acknowledgment of parentage), 94 (relating to registry of

paternity), 95 (relating to genetic testing) and 96 (relating to

proceeding to adjudicate parentage).

(d) Clinical and laboratory errors.--Except as otherwise

20190HB0243PN0213 - 62 -

provided in subsection (c) or section 9810(b) or 9812, if, due

to a clinical or laboratory error, a child conceived by assisted

reproduction under a gestational surrogacy agreement is not

genetically related to an intended parent or a donor who donated

to the intended parent or parents, each intended parent, and not

the gestational surrogate and the surrogate's spouse or former

spouse, if any, is a parent of the child, subject to any other

claim of parentage.

§ 9810. Gestational surrogacy agreement: parentage of deceased

intended parent.

(a) Death after gamete or embryo transfer.--Section 9809

(relating to parentage under gestational surrogacy agreement)

applies to an intended parent even if the intended parent died

during the period between the transfer of a gamete or embryo and

the birth of the child.

(b) Death before gamete or embryo transfer.--Except as

otherwise provided in section 9812 (relating to effect of

gestational surrogacy agreement), an intended parent is not a

parent of a child conceived by assisted reproduction under a

gestational surrogacy agreement if the intended parent dies

before the transfer of a gamete or embryo unless:

(1) the agreement provides otherwise; and

(2) the transfer of a gamete or embryo occurs not later

than 36 months after the death of the intended parent or

birth of the child occurs not later than 45 months after the

death of the intended parent.

§ 9811. Gestational surrogacy agreement: order of parentage.

(a) Permissible relief.--Except as otherwise provided in

sections 9809(c) (relating to parentage under gestational

surrogacy agreement) or 9812 (relating to effect of gestational

20190HB0243PN0213 - 63 -

surrogacy agreement), before, on or after the birth of a child

conceived by assisted reproduction under a gestational surrogacy

agreement, a party to the agreement may commence a proceeding in

court for an order or judgment:

(1) declaring that each intended parent is a parent of

the child and ordering that parental rights and duties vest

immediately on the birth of the child exclusively in each

intended parent;

(2) declaring that the gestational surrogate and the

surrogate's spouse or former spouse, if any, are not the

parents of the child;

(3) designating the content of the birth record in

accordance with law and directing the Bureau of Vital

Statistics to designate each intended parent as a parent of

the child;

(4) to protect the privacy of the child and the parties,

declaring that the court record is not open to inspection,

except as authorized under section 9806 (relating to

inspection of documents);

(5) if necessary, that the child be surrendered to the

intended parent or parents; and

(6) for other relief the court determines necessary and

proper.

(b) Order of judgment before birth.--The court may issue an

order or judgment under subsection (a) before the birth of the

child. The court shall stay enforcement of the order or judgment

until the birth of the child.

Bureau of Vital Statistics is a necessary party to a proceeding

under subsection (a).

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§ 9812. Effect of gestational surrogacy agreement.

(a) General rule.--A gestational surrogacy agreement that

complies with sections 9802 (relating to eligibility to enter

gestational or genetic surrogacy agreement), 9803 (relating to

requirements of gestational or genetic surrogacy agreement:

process) and 9804 (relating to requirements of gestational or

genetic surrogacy agreement: content) is enforceable.

(b) Noncomplying gestational surrogacy agreements.--If a

child was conceived by assisted reproduction under a gestational

surrogacy agreement that does not comply with sections 9802,

9803 and 9804, the court shall determine the rights and duties

of the parties to the agreement consistent with the intent of

the parties at the time of execution of the agreement. Each

party to the agreement and any individual who at the time of the

execution of the agreement was a spouse of a party to the

agreement has standing to maintain a proceeding to adjudicate an

issue related to the enforcement of the agreement.

gestational surrogacy agreement or subsection (d) or (e), if the

agreement is breached by the gestational surrogate or one or

more intended parents, the nonbreaching party is entitled to the

remedies available at law or in equity.

(d) When specific performance prohibited.--Specific

performance is not a remedy available for breach by a

gestational surrogate of a provision in the agreement that the

gestational surrogate be impregnated, terminate or not terminate

a pregnancy or submit to medical procedures.

(e) When specific performance permitted.--Except as

otherwise provided in subsection (d), if an intended parent is

determined to be a parent of the child, specific performance is

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a remedy available for:

(1) breach of the agreement by a gestational surrogate

which prevents the intended parent from exercising

immediately on birth of the child the full rights of

parentage; or

(2) breach by the intended parent which prevents the

intended parent's acceptance, immediately on birth of the

child conceived by assisted reproduction under the agreement,

of the duties of parentage.

SUBCHAPTER C

SPECIAL RULES FOR GENETIC SURROGACY AGREEMENT

Sec.

9813. Requirements to validate genetic surrogacy agreement.

9814. Termination of genetic surrogacy agreement.

9815. Parentage under validated genetic surrogacy agreement.

9816. Effect of nonvalidated genetic surrogacy agreement.

9817. Genetic surrogacy agreement: parentage of deceased

intended parent.

9818. Breach of genetic surrogacy agreement.

§ 9813. Requirements to validate genetic surrogacy agreement.

(a) Prior court approval.--Except as otherwise provided in

section 9816 (relating to effect of nonvalidated genetic

surrogacy agreement), to be enforceable, a genetic surrogacy

agreement must be validated by the court. A proceeding to

validate the agreement must be commenced before assisted

reproduction related to the surrogacy agreement.

(b) Conditions.--The court shall issue an order validating a

genetic surrogacy agreement if the court finds that:

(1) sections 9802 (relating to eligibility to enter

gestational or genetic surrogacy agreement), 9803 (relating

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to requirements of gestational or genetic surrogacy

agreement: process) and 9804 (relating to requirements of

gestational or genetic surrogacy agreement: content) are

satisfied; and

(2) all parties entered into the agreement voluntarily

and understand its terms.

under section 9814 (relating to termination of genetic surrogacy

agreement) a genetic surrogacy agreement shall file notice of

the termination with the court. On receipt of the notice, the

court shall vacate any order issued under subsection (b). An

individual who does not notify the court of the termination of

the agreement is subject to sanctions.

§ 9814. Termination of genetic surrogacy agreement.

(a) General rule.--A party to a genetic surrogacy agreement

may terminate the agreement as follows:

(1) An intended parent who is a party to the agreement

may terminate the agreement at any time before a gamete or

embryo transfer by giving notice of termination in a record

to all other parties. If a gamete or embryo transfer does not

result in a pregnancy, a party may terminate the agreement at

any time before a subsequent gamete or embryo transfer. The

notice of termination must be attested by a notarial officer

or witnessed.

(2) A genetic surrogate who is a party to the agreement

may withdraw consent to the agreement any time before 72

hours after the birth of a child conceived by assisted

reproduction under the agreement. To withdraw consent, the

genetic surrogate must execute a notice of termination in a

record stating the surrogate's intent to terminate the

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agreement. The notice of termination must be attested by a

notarial officer or witnessed and be delivered to each

intended parent at any time before 72 hours after the birth

of the child.

(b) Limited release.--On termination of the genetic

surrogacy agreement under subsection (a), the parties are

released from all obligations under the agreement, except that

each intended parent remains responsible for all expenses

incurred by the surrogate through the date of termination, which

are reimbursable under the agreement. Unless the agreement

provides otherwise, the surrogate is not entitled to any

nonexpense-related compensation paid for serving as a surrogate.

a case involving fraud, neither a genetic surrogate nor the

surrogate's spouse or former spouse, if any, is liable to the

intended parent or parents for a penalty or liquidated damages

for terminating a genetic surrogacy agreement under this

section.

§ 9815. Parentage under validated genetic surrogacy agreement.

(a) Intended parents.--Unless a genetic surrogate exercises

the right under section 9814 (relating to termination of genetic

surrogacy agreement) to terminate a genetic surrogacy agreement,

each intended parent is a parent of a child conceived by

assisted reproduction under an agreement validated under section

9813 (relating to requirements to validate genetic surrogacy

agreement).

(b) Court order.--Unless a genetic surrogate exercises the

right under section 9814 to terminate the genetic surrogacy

agreement, on proof of a court order issued under section 9813

validating the agreement, the court shall make an order:

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(1) declaring that each intended parent is a parent of a

child conceived by assisted reproduction under the agreement

and ordering that parental rights and duties vest exclusively

in each intended parent;

(2) declaring that the gestational surrogate and the

surrogate's spouse or former spouse, if any, are not parents

of the child;

(3) designating the contents of the birth certificate in

accordance with the law of this state other than this part

and directing the Bureau of Vital Statistics to designate

each intended parent as a parent of the child;

(4) to protect the privacy of the child and the parties,

declaring that the court record is not open to inspection,

except as authorized under section 9806 (relating to

inspection of documents);

(5) if necessary, that the child be surrendered to the

intended parent or parents; and

(6) for other relief the court determines necessary and

proper.

section 9814(a)(2) a genetic surrogacy agreement, parentage of

the child conceived by assisted reproduction under the agreement

must be determined under Chapters 91 (relating to general

provisions), 92 (relating to parent-child relationship), 93

(relating to voluntary acknowledgment of parentage), 94

(relating to registry of paternity), 95 (relating to genetic

testing) and 96 (relating to proceeding to adjudicate

parentage).

(d) When genetic testing required.--If a child born to a

genetic surrogate is alleged not to have been conceived by

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assisted reproduction, the court shall order genetic testing to

determine the genetic parentage of the child. If the child was

not conceived by assisted reproduction, parentage must be

determined under Chapters 91, 92, 93, 94, 95 and 96. Unless the

genetic surrogacy agreement provides otherwise, if the child was

not conceived by assisted reproduction, the surrogate is not

entitled to any nonexpense-related compensation paid for serving

as a surrogate.

(e) Court order of intended parent.--Unless a genetic

surrogate exercises the right under section 9814 (relating to

termination of genetic surrogacy agreement) to terminate the

genetic surrogacy agreement, if an intended parent fails to file

notice required under section 9814(a), the genetic surrogate or

the Department of Health may file with the court, not later than

60 days after the birth of a child conceived by assisted

reproduction under the agreement, notice that the child has been

born to the genetic surrogate. Unless the genetic surrogate has

properly exercised the right under section 9814 to withdraw

consent to the agreement, on proof of a court order issued under

section 9813 (relating to requirements to validate genetic

surrogacy agreement) validating the agreement, the court shall

order that each intended parent is a parent of the child.

§ 9816. Effect of nonvalidated genetic surrogacy agreement.

(a) Enforceable.--A genetic surrogacy agreement, whether or

not in a record, that is not validated under section 9813

(relating to requirements to validate genetic surrogacy

agreement) is enforceable only to the extent provided in this

section and section 9818 (relating to breach of genetic

surrogacy agreement).

(b) Court validation with agreement of parties.--If all

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parties agree, a court may validate a genetic surrogacy

agreement after assisted reproduction has occurred but before

the birth of a child conceived by assisted reproduction under

the agreement.

assisted reproduction under a genetic surrogacy agreement that

is not validated under section 9813 is born and the genetic

surrogate, consistent with section 9814(a)(2) (relating to

termination of genetic surrogacy agreement), withdraws her

consent to the agreement before 72 hours after the birth of the

child, the court shall adjudicate the parentage of the child

under Chapters 91 (relating to general provisions), 92 (relating

to parent-child relationship), 93 (relating to voluntary

acknowledgment of parentage), 94 (relating to registry of

paternity), 95 (relating to genetic testing) and 96 (relating to

proceeding to adjudicate parentage).

(d) No timely withdrawal of consent.--If a child conceived

by assisted reproduction under a genetic surrogacy agreement

that is not validated under section 9813 is born and a genetic

surrogate does not withdraw her consent to the agreement,

consistent with section 9814(a)(2), before 72 hours after the

birth of the child, the genetic surrogate is not automatically a

parent and the court shall adjudicate parentage of the child

based on the best interest of the child, taking into account the

factors in section 9613(a) (relating to adjudicating competing

claims of parentage) and the intent of the parties at the time

of the execution of the agreement.

(e) Standing.--The parties to a genetic surrogacy agreement

have standing to maintain a proceeding to adjudicate parentage

under this section.

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§ 9817. Genetic surrogacy agreement: parentage of deceased

intended parent.

(a) Death after gamete or embryo transfer.--Except as

otherwise provided in section 9815 (relating to parentage under

validated genetic surrogacy agreement) or 9816 (relating to

effect of nonvalidated genetic surrogacy agreement), on birth of

a child conceived by assisted reproduction under a genetic

surrogacy agreement, each intended parent is, by operation of

law, a parent of the child, notwithstanding the death of an

intended parent during the period between the transfer of a

gamete or embryo and the birth of the child.

(b) Death before gamete or embryo transfer.--Except as

otherwise provided in section 9815 or 9816, an intended parent

is not a parent of a child conceived by assisted reproduction

under a genetic surrogacy agreement if the intended parent dies

before the transfer of a gamete or embryo unless:

(1) the agreement provides otherwise; and

(2) the transfer of the gamete or embryo occurs not

later than 36 months after the death of the intended parent

or birth of the child occurs not later than 45 months after

the death of the intended parent.

§ 9818. Breach of genetic surrogacy agreement.

(a) Remedies for breach.--Subject to section 9814(b)

(relating to termination of genetic surrogacy agreement), if a

genetic surrogacy agreement is breached by a genetic surrogate

or one or more intended parents, the nonbreaching party is

entitled to the remedies available at law or in equity.

(b) When specific performance prohibited.--Specific

performance is not a remedy available for breach by a genetic

surrogate of a requirement of a validated or nonvalidated

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genetic surrogacy agreement that the surrogate be impregnated,

terminate or not terminate a pregnancy or submit to medical

procedures.

otherwise provided in subsection (b), specific performance is a

remedy available for:

(1) breach of a validated genetic surrogacy agreement by

a genetic surrogate of a requirement which prevents an

intended parent from exercising the full rights of parentage

72 hours after the birth of the child; or

(2) breach by an intended parent which prevents the

intended parent's acceptance of duties of parentage 72 hours

after the birth of the child.

CHAPTER 99

INFORMATION ABOUT DONOR

Sec.

9901. Definitions.

9902. Applicability.

9903. Collection of information.

9904. Declaration regarding identity disclosure.

9905. Disclosure of identifying information and medical

history.

9906. Recordkeeping.

§ 9901. Definitions.

The following words and phrases when used in this chapter

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

context clearly indicates otherwise:

"Identifying information." All of the following:

(1) the full name of a donor;

(2) the date of birth of the donor; and

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(3) the permanent and, if different, current address of

the donor at the time of the donation.

"Medical history." Information regarding any:

(1) present illness of a donor;

(2) past illness of the donor; and

(3) social, genetic and family history pertaining to the

health of the donor.

§ 9902. Applicability.

This chapter applies only to gametes collected on or after

the effective date of this section.

§ 9903. Collection of information.

A gamete bank or fertility clinic authorized by law to

operate in this state shall collect from a donor the donor's

identifying information and medical history at the time of the

donation. If the gamete bank or fertility clinic sends the

gametes of a donor to another gamete bank or fertility clinic,

the sending gamete bank or fertility clinic shall forward any

identifying information and medical history of the donor,

including the donor's signed declaration under section 9904

(relating to declaration regarding identity disclosure)

regarding identity disclosure, to the receiving gamete bank or

fertility clinic. A receiving gamete bank or fertility clinic

authorized by law to operate in this state shall collect and

retain the information about the donor and each sending gamete

bank or fertility clinic.

§ 9904. Declaration regarding identity disclosure.

(a) Duties.--A gamete bank or fertility clinic authorized by

law to operate in this state which collects gametes from a donor

shall:

(1) provide the donor with information in a record about

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the donor's choice regarding identity disclosure; and

(2) obtain a declaration from the donor regarding

identity disclosure.

(b) Options for donors.--A gamete bank or fertility clinic

authorized by law to operate in this state shall give a donor

the choice to sign a declaration, attested by a notarial officer

or witnessed, that either:

(1) states that the donor agrees to disclose the donor's

identity to a child conceived by assisted reproduction with

the donor's gametes on request once the child attains 18

years of age; or

(2) states that the donor does not agree presently to

disclose the donor's identity to the child.

clinic authorized by law to operate in this state shall permit a

donor who has signed a declaration under subsection (b)(2) to

withdraw the declaration at any time by signing a declaration

under subsection (b)(1).

§ 9905. Disclosure of identifying information and medical

history.

(a) Duty to provide identifying information.--On request of

a child conceived by assisted reproduction who attains 18 years

of age, a gamete bank or fertility clinic authorized by law to

operate in this state which collected, stored or released for

use the gametes used in the assisted reproduction shall make a

good faith effort to provide the child with identifying

information of the donor who provided the gametes, unless the

donor signed and did not withdraw a declaration under section

9904(b)(2) (relating to declaration regarding identity

disclosure). If the donor signed and did not withdraw the

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declaration, the gamete bank or fertility clinic shall make a

good faith effort to notify the donor, who may elect under

section 9904(c) to withdraw the donor's declaration.

(b) Duty to provide nonidentifying medical history of

donor.--Regardless of whether a donor signed a declaration under

section 9904(b)(2), on request by a child conceived by assisted

reproduction who attains 18 years of age, or, if the child is a

minor, by a parent or guardian of the child, a gamete bank or

fertility clinic authorized by law to operate in this state

shall make a good faith effort to provide the child or, if the

child is a minor, the parent or guardian of the child, access to

nonidentifying medical history of the donor.

§ 9906. Recordkeeping.

A gamete bank or fertility clinic authorized by law to

operate in this state which collects, stores or releases gametes

for use in assisted reproduction shall collect and maintain

identifying information and medical history about each gamete

donor. The gamete bank or fertility clinic shall collect and

maintain records of gamete screening and testing and comply with

reporting requirements, in accordance with Federal law and

applicable law of this state other than this part.

CHAPTER 99A

MISCELLANEOUS PROVISIONS

Sec.

99A01. Uniformity of application and construction.

99A02. Relation to electronic signatures in global and national

commerce act.

99A03. Transitional provision.

§ 99A01. Uniformity of application and construction.

In applying and construing this uniform act, consideration

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must be given to the need to promote uniformity of the law with

respect to its subject matter among states that enact it.

§ 99A02. Relation to electronic signatures in global and

national commerce act.

This part modifies, limits or supersedes the Electronic

Signatures in Global and National Commerce Act (Public Law 106-

229, 15 U.S.C. § 7001 et seq.), but does not modify, limit or

supersede section 101(c) of that act or authorize electronic

delivery of any of the notices described in section 103(b) of

that act.

§ 99A03. Transitional provision.

This part applies to a pending proceeding to adjudicate

parentage commenced before the effective date of this section

for an issue on which a judgment has not been entered.

Section 2. This act shall take effect in 60 days.

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