PRINTER'S NO. 1785
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1204
Session of
2020
INTRODUCED BY FARNESE, JUNE 21, 2020
REFERRED TO JUDICIARY, JUNE 21, 2020
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in proceedings prior to petition to
adopt, further providing for petition for involuntary
termination and providing for special provisions when child
conceived as a result of rape or incest.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2512(b) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2512. Petition for involuntary termination.
* * *
(b) Contents.--The following apply:
(1) The petition shall set forth specifically those
grounds and facts alleged as the basis for terminating
parental rights. [The]
(2) Except as provided in paragraph (3), the petition
filed under this section shall also contain an averment that
the petitioner will assume custody of the child until such
time as the child is adopted. [If the petitioner is an agency
it]
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(3) If the petitioner is a parent and section 2514
(relating to special provisions when child conceived as a
result of rape or incest) applies, or if the petitioner is an
agency, the petitioner shall not be required to aver that an
adoption is presently contemplated nor that a person with a
present intention to adopt exists.
* * *
Section 2. Title 23 is amended by adding a section to read:
§ 2514. Special provisions when child conceived as a result of
rape or incest.
Notwithstanding any other provision of law to the contrary,
when a petition has been filed by a parent seeking to
involuntarily terminate parental rights of the other parent
under section 2511(a)(7) (relating to grounds for involuntary
termination), the following apply:
(1) The petitioner shall not be required to aver that:
(i) the petitioner will assume custody of the child
until such time as the child is adopted;
(ii) adoption is presently contemplated; or
(iii) a person with a present intention to adopt
exists.
(2) Parental rights shall be terminated if all other
legal requirements have been met.
Section 3. The amendment or addition of 23 Pa.C.S. §§
2512(b) and 2514 apply to petitions to involuntarily terminate
parental rights filed on or after the effective date of this
section.
Section 4. This act shall take effect in 60 days.
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