PRINTER'S NO. 853
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
736
Session of
2023
INTRODUCED BY DUSH AND DILLON, JUNE 6, 2023
REFERRED TO HEALTH AND HUMAN SERVICES, JUNE 6, 2023
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in decrees and records, further
providing for definitions and for original birth record.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The definition of "noncertified copy of original
birth record" in section 2911 of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2911. Definitions.
The following words and phrases when used in this subchapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
* * *
"Noncertified copy of original birth record." A [summary]
photocopy of original birth record[, similar in form to a
certified copy of an original birth record and consisting of
only the names and ages of the birth parents, the date and
county of the birth of the child and the name given to the child
at birth.] with the following notation: "This is not a certified
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copy of a birth record."
* * *
Section 2. Section 2937(a) and (c) of Title 23 are amended
to read:
§ 2937. Original birth record.
(a) General rule.--Notwithstanding any other provision of
law, an adoptee who is at least 18 years of age [and who has
graduated from high school, completed a General Educational
Development program or has legally withdrawn from secondary
schooling] or, if the adoptee is deceased, the adoptee's
descendants, may apply to the Department of Health for the
adoptee's noncertified copy of original birth record. Subject to
[subsections (b) and (c)] subsection (b), the Department of
Health shall issue a noncertified copy of original birth record
within 45 days of receipt of an application if the application
complies with the requirements of subsection (d).
* * *
[(c) Redaction request form.--A birth parent may request
that the birth parent's name be redacted from a noncertified
copy of original birth record issued to an adoptee in accordance
with the following:
(1) The Department of Health shall prescribe a birth
parent's name redaction request form. The form shall include
all of the following:
(i) Information about the procedures and
requirements for a birth parent to do either of the
following:
(A) Have the form placed in the adoption file of
the adoptee who is the birth child of the birth
parent so that the birth parent's name is redacted
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from the noncertified copy of original birth record
issued to the adoptee.
(B) Have the form removed from the adoption file
of the adoptee if the birth parent later decides to
permit the birth parent's name to be included on the
noncertified copy of original birth record.
(ii) Provisions necessary for the Department of
Health to be able to identify the adoption file of the
adoptee to whom the form pertains.
(iii) A place for the birth parent to attest that
the birth parent is the birth parent of the adoptee to
whom the form pertains.
(2) The Department of Health shall make a birth parent's
name redaction request form available upon request following
the effective date of this subsection. The Department of
Health shall accept a name redaction request form if all of
the following apply:
(i) The form has been notarized.
(ii) The birth parent provides two items of
identification of the birth parent.
(iii) If a medical history for the birth parent was
not previously prepared, or the medical history was
prepared but needs to be updated, the birth parent does
the following, as appropriate:
(A) Completes a medical history form.
(B) Updates the birth parent's medical history
information.
(iv) The Department of Health is satisfied that the
form has been substantially completed.
(3) The Department of Health shall file an accepted name
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redaction request form in the adoption file of the adoptee to
whom the form pertains.
(4) A birth parent may request at any time that the
Department of Health remove the name redaction request form
from the adoption file of the adoptee to whom the form
pertains. The Department of Health shall remove the form if
the birth parent provides the department all of the
following:
(i) Two items of identification of the birth parent.
(ii) Information the Department of Health needs to
be able to identify the adoption file of the adoptee to
whom the form pertains.
(iii) A notarized attestation that the birth parent
is the birth parent of the adoptee to whom the form
pertains.
(5) A name redaction request form removed from an
adoption file shall be destroyed.
(6) The Department of Health shall include on its
Internet website information about birth parents' name
redaction request forms. All of the following information
shall be provided:
(i) The purpose of the form.
(ii) The procedures to be followed and requirements
to be met for the Department of Health to accept the
form.
(iii) The date when birth parents may begin to file
the form with the Department of Health.
(iv) The procedures to be followed and requirements
to be met for having the form removed from an adoption
file.
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(v) Any other information the Department of Health
considers necessary.
(7) If the birth parent dies after submitting a name
redaction request form, a noncertified copy of original birth
record may be provided to the adoptee without redaction of
the deceased birth parent's name.]
* * *
Section 3. This act shall take effect in 60 days.
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