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PRINTER'S NO. 156
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
188
Session of
2021
INTRODUCED BY DiSANTO, K. WARD, BAKER, MARTIN, PITTMAN AND
STEFANO, FEBRUARY 10, 2021
REFERRED TO JUDICIARY, FEBRUARY 10, 2021
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in adoption, further providing for
definitions, for hearing, for grounds for involuntary
termination and for petition for involuntary termination,
providing for notice if identity or whereabouts of birth
parent or putative father unknown, further providing for
consents necessary to adoption and repealing provisions
relating to consents not naming adopting parents.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2102 of Title 23 of the Pennsylvania
Consolidated Statutes is amended by adding definitions to read:
§ 2102. Definitions.
The following words and phrases when used in this part shall
have, unless the context clearly indicates otherwise, the
meanings given to them in this section:
* * *
"Denial of paternity." The written statement of a putative
father declaring all of the following:
(1) The individual is not the father of the child.
(2) The individual does not acknowledge paternity of the
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child.
(3) No court has determined that the individual is the
father of the child.
(4) The individual has no interest in proceedings under
this part concerning the child.
* * *
"Putative father." An alleged birth father of a child
conceived or born outside of wedlock whose parental status has
not been legally established.
Section 2. Sections 2503(a), (b)(1) and (3) and (d), 2511(a)
(9) and 2512(c) of Title 23 are amended to read:
§ 2503. Hearing.
(a) General rule.--Upon presentation of a petition prepared
pursuant to section 2501 (relating to relinquishment to agency)
or section 2502 (relating to relinquishment to adult intending
to adopt child), the court shall fix a time for hearing which
shall not be less than ten days, nor more than 30 days, after
filing of the petition[.] unless the petitioner requests a later
date, in which case the hearing shall be scheduled not later
than 40 days after filing of the petition. The petitioner must
appear at the hearing.
(b) Notice.--
(1) At least ten days' notice of the hearing shall be
given to the petitioner, and a copy of the notice shall be
given to the [other] birth parent, to the putative father
whose parental rights could be terminated pursuant to
subsection (d) and to the [parents] parent or guardian of a
petitioner who has not reached 18 years of age.
* * *
(3) The [copy of the notice which is given to the
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putative father] birth parent, putative father and parent or
guardian of a petitioner who has not reached 18 years of age
shall [state that his rights may also be subject to
termination pursuant to subsection (d) if he fails to file
either an acknowledgment of paternity or claim of paternity
pursuant to section 5103 (relating to acknowledgment and
claim of paternity) and fails to either appear at the hearing
for the purpose of objecting to the termination of his rights
or file a written objection to such termination with the
court prior to the hearing.] be given notice in the form
provided in section 2513(b) (relating to hearing). If the
identity or whereabouts of the birth parent or a putative
father are unknown, notice shall be given under section
2515(b) (relating to notice if identity or whereabouts of
birth parent or putative father unknown). Notice under this
paragraph shall state that the birth parent or a putative
father's rights may also be terminated under subsection (d)
if any of the following applies:
(i) The birth parent or putative father fails to
file with the court prior to the hearing a written
objection to the termination.
(ii) The birth parent or putative father fails to
appear at the hearing for the purpose of objecting to the
termination.
* * *
(d) [Putative father] Termination of putative father's
parental rights.--If a putative father [will not file a petition
to voluntarily relinquish his parental rights pursuant to
section 2501 (relating to relinquishment to agency) or 2502
(relating to relinquishment to adult intending to adopt child),]
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has been given notice of the hearing being held pursuant to this
section [and], the court may enter a decree terminating his
parental rights, whether or not the putative father has filed a
claim of paternity under section 5103(b) (relating to
acknowledgment and claim of paternity), if the putative father
fails to [either]:
(1) file a written objection to the termination with the
court prior to the hearing; or
(2) appear at that hearing for the purpose of objecting
to termination of his parental rights [or file a written
objection to such termination with the court prior to the
hearing and has not filed an acknowledgment of paternity or
claim of paternity pursuant to section 5103, the court may
enter a decree terminating the parental rights of the
putative father pursuant to subsection (c)].
* * *
§ 2511. Grounds for involuntary termination.
(a) General rule.--The rights of a parent in regard to a
child may be terminated after a petition filed on any of the
following grounds:
* * *
(9) The parent has been convicted of one of the
following in which the victim was a child of the parent:
(i) an offense under 18 Pa.C.S. Ch. 25 (relating to
criminal homicide);
(ii) a felony under 18 Pa.C.S. § 2702 (relating to
aggravated assault)[;], 3121 (relating to rape), 3122.1
(relating to statutory sexual assault), 3123 (relating to
involuntary deviate sexual intercourse), 3124.1 (relating
to sexual assault) or 3125 (relating to aggravated
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indecent assault);
(iii) a felony or misdemeanor under 18 Pa.C.S. §
3126 (relating to indecent assault);
[(iii)] (iv) an offense in another jurisdiction
equivalent to an offense in subparagraph (i) [or], (ii)
or (iii); or
[(iv)] (v) an attempt, solicitation or conspiracy to
commit an offense in subparagraph (i), (ii) [or], (iii)
or (iv).
* * *
§ 2512. Petition for involuntary termination.
* * *
[(c) Father not identified.--If the petition does not
identify the father of the child, it shall state whether a claim
of paternity has been filed under section 8303 (relating to
claim of paternity).]
Section 3. Title 23 is amended by adding a section to read:
§ 2515. Notice if identity or whereabouts of birth parent or
putative father unknown.
(a) Diligent search.--
(1) The court shall determine under sections 2501
(relating to relinquishment to agency), 2502 (relating to
relinquishment to adult intending to adopt child), 2504
(relating to alternative procedure for relinquishment) and
2512 (relating to petition for involuntary termination)
whether a diligent search has been made to identify and
locate a birth parent or putative father for the purpose of
providing notice in a proceeding under this part.
(2) A diligent search for a birth parent or putative
father under paragraph (1) shall include, but not be limited
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to, the following:
(i) An inquiry to the United States Postal Service
to determine a forwarding address for the individual, if
the petitioner has a last known address.
(ii) A search of the records that are available to
the general public of the Department of Transportation,
or its equivalent in the state in which the petitioner
has a reasonable basis to believe the individual may
reside.
(iii) A search of at least one publicly available
database to locate Federal and state inmates.
(iv) An inquiry or search of publicly available
records of prothonotary, dockets of the clerk of courts
and tax records in the jurisdiction in which the
petitioner has a reasonable basis to believe the
individual may reside.
(v) A reasonable search of Internet sources, which
may include a general query, social media or other
resources designed to assist in locating an individual.
(vi) Any other source the court determines to be
necessary to identify and locate a birth parent or
putative father for the purpose of providing notice in an
adoption proceeding.
(3) Any inquiries made under paragraph (2) that are not
answered within 45 days shall be considered answered as
having no record and complete, unless the court makes a
negative determination under paragraph (4).
(4) The court shall review the efforts made by the
petitioner or petitioner's representative to locate the birth
parent or putative father and determine if those efforts were
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reasonable and carried out in good faith.
(b) Notice by publication.--If the court determines that an
unsuccessful diligent search has been made to identify or locate
a birth parent or putative father, notice of the proceeding may
be provided in a manner prescribed by the court that is
consistent with Pa.O.C. Rule No. 15.6 (relating to notice to
persons; method; notice of Orphans' Court proceedings filed on
dependency docket), or any successor rule.
Section 4. Section 2711(c) of Title 23 is amended and the
section is amended by adding subsections to read:
§ 2711. Consents necessary to adoption.
* * *
(c) Validity of consent.--
(1) No consent shall be valid if it was executed prior
to or within 72 hours after the birth of the child[. A],
except that the birth father or a putative father may execute
a consent or a denial of paternity at any time after
receiving notice of the expected or actual birth of the
child.
(2) If consent is executed by the birth father or a
putative father prior to the birth of the child, the child
shall be named "Baby (Mother's Last Name)" for the purpose of
the consent. Further notice as required by section 2721
(relating to notice of hearing) to the birth father or a
putative father is not necessary if consent is executed prior
to the birth of the child. Further notice as required by
section 2721 is not required to the birth mother or her
spouse if consent is valid.
(3) Any consent given outside this Commonwealth shall be
valid for purposes of this section if it was given in
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accordance with the laws of the jurisdiction where it was
executed.
(4) A consent to an adoption may only be revoked as set
forth in this subsection. The revocation of a consent shall
be in writing and shall be served upon the agency or adult to
whom the child was relinquished. [The following apply:]
(c.1) Nature of consent.--
(1) Except as otherwise provided in paragraph (3):
(i) For a consent to an adoption executed by a birth
father or a putative father, the consent is irrevocable
more than 30 days after the birth of the child or the
execution of the consent, whichever occurs later.
(ii) For a consent to an adoption executed by a
birth mother, the consent is irrevocable more than 30
days after the execution of the consent.
(2) An individual may not waive the revocation period
under paragraph (1).
(3) Notwithstanding paragraph (1), the following apply:
(i) An individual who executed a consent to an
adoption may challenge the validity of the consent only
by filing a petition alleging fraud or duress within the
earlier of the following time frames:
(A) Sixty days after the birth of the child or
the execution of the consent, whichever occurs later.
(B) Thirty days after the entry of the adoption
decree.
(ii) A consent to an adoption may be invalidated
only if the alleged fraud or duress under subparagraph
(i) is proven by:
(A) a preponderance of the evidence in the case
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of consent by a person 21 years of age or younger; or
(B) clear and convincing evidence in all other
cases.
* * *
(e) Waiver of notice requirements.--
(1) A birth parent or putative father who has consented
to an adoption may execute a waiver of notice of all legal
proceedings concerning the child.
(2) A person who has executed a waiver of further notice
under this subsection shall be provided with the advisement
required by section 2504(d) (relating to alternative
procedure for relinquishment) of the continuing right to file
personal and medical history pursuant to Subchapter B of
Chapter 29 (relating to records and access to information).
Section 5. Section 2712 of Title 23 is repealed:
[§ 2712. Consents not naming adopting parents.
A consent to a proposed adoption meeting all the requirements
of this part but which does not name or otherwise identify the
adopting parent or parents shall be valid if it contains a
statement that it is voluntarily executed without disclosure of
the name or other identification of the adopting parent or
parents.]
Section 6. This act shall take effect in 60 days.
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