CHAPTER 27

PETITION FOR ADOPTION

 

Subchapter

A.  Petition

B.  Consents

C.  Hearings

D.  Voluntary Agreement for Continuing Contact

 

Enactment.  Chapter 27 was added October 15, 1980, P.L.934, No.163, effective January 1, 1981.

 

 

SUBCHAPTER A

PETITION

 

Sec.

2701.  Contents of petition for adoption.

2702.  Exhibits.

§ 2701.  Contents of petition for adoption.

A petition for adoption shall set forth:

(1)  The full name, residence, marital status, age, occupation, religious affiliation and racial background of the adopting parent or parents and their relationship, if any, to the adoptee.

(2)  That the reports under sections 2530 (relating to home study and preplacement report), 2531 (relating to report of intention to adopt) and 2533 (relating to report of intermediary) have been filed, if required.

(3)  The name and address of the intermediary, if any.

(4)  The full name of the adoptee and the fact and length of time of the residence of the adoptee with the adopting parent or parents.

(5)  If there is no intermediary or if no report of the intermediary has been filed or if the adoptee is over the age of 18 years, all vital statistics and other information enumerated and required to be stated of record by section 2533, so far as applicable.

(6)  If a change in name of the adoptee is desired, the new name.

(7)  That all consents required by section 2711 (relating to consents necessary to adoption) are attached as exhibits or the basis upon which such consents are not required.

(8)  That it is the desire of the petitioner or the petitioners that the relationship of parent and child be established between the petitioner or petitioners and the adoptee.

(9)  If no birth certificate or certification of registration of birth can be obtained, a statement of the reason therefor and an allegation of the efforts made to obtain the certificate with a request that the court establish a date and place of birth at the adoption hearing on the basis of the evidence presented.

(May 21, 1992, P.L.228, No.34, eff. 60 days)

§ 2702.  Exhibits.

The petition shall have attached to it the following exhibits:

(1)  The consent or consents required by section 2711 (relating to consents necessary to adoption).

(2)  If not already filed with a report of an intermediary, the exhibits enumerated in section 2534 (relating to exhibits).

 

 

SUBCHAPTER B

CONSENTS

 

Sec.

2711.  Consents necessary to adoption.

2712.  Consents not naming adopting parents.

2713.  When other consents not required.

2714.  When consent of parent not required.

§ 2711.  Consents necessary to adoption.

(a)  General rule.--Except as otherwise provided in this part, consent to an adoption shall be required of the following:

(1)  The adoptee, if over 12 years of age.

(2)  The spouse of the adopting parent, unless they join in the adoption petition.

(3)  The parents or surviving parent of an adoptee who has not reached the age of 18 years.

(4)  The guardian of an incapacitated adoptee.

(5)  The guardian of the person of an adoptee under the age of 18 years, if any there be, or of the person or persons having the custody of the adoptee, if any such person can be found, whenever the adoptee has no parent whose consent is required.

(b)  Husband of natural mother.--The consent of the husband of the mother shall not be necessary if, after notice to the husband, it is proved to the satisfaction of the court by evidence, including testimony of the natural mother, that the husband of the natural mother is not the natural father of the child. Absent such proof, the consent of a former husband of the natural mother shall be required if he was the husband of the natural mother at any time within one year prior to the birth of the adoptee.

(c)  Validity of consent.--No consent shall be valid if it was executed prior to or within 72 hours after the birth of the child. A putative father may execute a consent at any time after receiving notice of the expected or actual birth of the child. Any consent given outside this Commonwealth shall be valid for purposes of this section if it was given in accordance with the laws of the jurisdiction where it was executed. 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:

(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 of consent by a person 21 years of age or younger; or

(B)  clear and convincing evidence in all other cases.

(d)  Contents of consent.--

(1)  The consent of a parent of an adoptee under 18 years of age shall set forth the name, age and marital status of the parent, the relationship of the consenter to the child, the name of the other parent or parents of the child and the following:

I hereby voluntarily and unconditionally consent to the adoption of the above named child.

I understand that by signing this consent I indicate my intent to permanently give up all rights to this child.

I understand such child will be placed for adoption.

I understand I may revoke this consent to permanently give up all rights to this child by placing the revocation in writing and serving it upon the agency or adult to whom the child was relinquished.

If I am the birth father or putative father of the child, I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after either the birth of the child or my execution of the consent, whichever occurs later, by delivering a written revocation to (insert the name and address of the agency coordinating the adoption) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or prospective adoptive parent of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed).

If I am the birth mother of the child, I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after executing it by delivering a written revocation to (insert the name and address of the agency coordinating the adoption) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or prospective adoptive parent of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed).

I have read and understand the above and I am signing it as a free and voluntary act.

(2)  The consent shall include the date and place of its execution and names and addresses and signatures of at least two persons who witnessed its execution and their relationship to the consenter. The consent of an incarcerated parent of an adoptee may be witnessed by a correctional facility employee designated by the correctional facility. Any consent witnessed by a correctional facility employee shall list the address of the correctional facility on the consent.

(3)  In lieu of two witnesses a consent may be acknowledged before a notary public.

(June 23, 1982, P.L.617, No.174, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days; Mar. 24, 2004, P.L.159, No.21, eff. 60 days; July 2, 2019, P.L.336, No.47, eff. 60 days)

 

2019 Amendment.  Act 47 amended subsec. (d)(2) and added subsec. (d)(3).

2004 Amendment.  Act 21 amended subsecs. (c) and (d)(1). Section 2 of Act 21 provided that the amendment of subsecs. (c) and (d)(1) shall apply to adoptions which are initiated on or after the effective date of section 2.

1992 Amendments.  Act 24 amended subsec. (a) and Act 34 amended subsecs. (c) and (d).

Cross References.  Section 2711 is referred to in sections 2504, 2533, 2534, 2701, 2702 of this title.

§ 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.

§ 2713.  When other consents not required.

The court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when:

(1)  the adoptee is over 18 years of age; or

(2)  the adoptee is under 18 years of age and has no parent living whose consent is required.

§ 2714.  When consent of parent not required.

Consent of a parent to adoption shall not be required if a decree of termination with regard to such parent has been entered. When parental rights have not previously been terminated, the court may find that consent of a parent of the adoptee is not required if, after notice and hearing as prescribed in section 2513 (relating to hearing), the court finds that grounds exist for involuntary termination under section 2511 (relating to grounds for involuntary termination).

 

 

SUBCHAPTER C

HEARINGS

 

Sec.

2721.  Notice of hearing.

2722.  Place of hearing.

2723.  Attendance at hearing.

2724.  Testimony and investigation.

2725.  Religious belief.

§ 2721.  Notice of hearing.

The court shall fix a time and place for hearing. Notice of the hearing shall be given to all persons whose consents are required and to such other persons as the court shall direct. Notice to the parent or parents of the adoptee, if required, may be given by the intermediary or someone acting on his behalf. Notice shall be by personal service or by registered mail to the last known address of the person to be notified or in such other manner as the court shall direct.

§ 2722.  Place of hearing.

The hearing shall be private or in open court as the court deems appropriate.

§ 2723.  Attendance at hearing.

The adopting parent or parents and the adoptee must appear at and, if required, testify at the hearing under oath unless the court determines their presence is unnecessary. In addition, the court may require the appearance and testimony of all persons whose consents are required by this part and representatives of agencies or individuals who have acted as an intermediary if their appearance or testimony would be necessary or helpful to the court.

§ 2724.  Testimony and investigation.

(a)  Testimony.--The court shall hear testimony in support of the petition and such additional testimony as it deems necessary to inform it as to the desirability of the proposed adoption. It shall require a disclosure of all moneys and consideration paid or to be paid to any person or institution in connection with the adoption.

(b)  Investigation.--The court may request that an investigation be made by a person or public agency or, with its consent, a voluntary agency, specifically designated by the court to verify the statements of the petition and such other facts that will give the court full knowledge of the desirability of the proposed adoption, or the court may rely in whole or in part upon a report earlier made under section 2535 (relating to investigation). In any case, the age, sex, health, social and economic status or racial, ethnic or religious background of the child or adopting parents shall not preclude an adoption but the court shall decide its desirability on the basis of the physical, mental and emotional needs and welfare of the child.

(c)  Payment of investigation costs.--The court may establish a procedure for the payment of investigation costs by the petitioners or by such other persons as the court may direct.

§ 2725.  Religious belief.

The intermediary may honor the preference of the natural parents as to the religious faith in which the adoptive parents intend to rear the adopted child. No person shall be denied the benefits of this part because of a religious belief in the use of spiritual means or prayer for healing.

(May 21, 1992, P.L.228, No.34, eff. 60 days)

 

 

SUBCHAPTER D

VOLUNTARY AGREEMENT FOR

CONTINUING CONTACT

 

Sec.

2731.  Purpose of subchapter.

2732.  Definitions.

2733.  Parties to agreement.

2734.  Consent of a child.

2735.  Filing and approval of an agreement.

2736.  Failure to comply.

2737.  Modification of agreement.

2738.  Enforcement of agreement.

2739.  Discontinuance of agreement.

2740.  Procedures for facilitating and resolving agreements involving a county child welfare agency.

2741.  Counsel.

2742.  Costs.

 

Enactment.  Subchapter D was added October 27, 2010, P.L.961, No.101, effective in 180 days.

§ 2731.  Purpose of subchapter.

The purpose of this subchapter is to provide an option for adoptive parents and birth relatives to enter into a voluntary agreement for ongoing communication or contact that:

(1)  is in the best interest of the child;

(2)  recognizes the parties' interests and desires for ongoing communication or contact;

(3)  is appropriate given the role of the parties in the child's life; and

(4)  is subject to approval by the courts.

§ 2732.  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:

"Agency."  A public or private entity, including a county agency, that:

(1)  is licensed, supervised or regulated by the Department of Public Welfare; and

(2)  provides adoption services.

"Agreement."  A voluntary written agreement between an adoptive parent and a birth relative that is approved by a court and provides for continuing contact or communication between the child and the birth relative or between the adoptive parent and the birth relative as provided under this subchapter.

"Birth relative."  A parent, grandparent, stepparent, sibling, uncle or aunt of the child's birth family, whether the relationship is by blood, marriage or adoption.

"Child."  An individual who is under 18 years of age.

"County agency."  A county children and youth social service agency established under section 405 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, or its successor, and supervised by the Department of Public Welfare under Article IX of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.

"Department."  The Department of Public Welfare of the Commonwealth.

 

References in Text.  The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in the definition of "county agency," was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.

§ 2733.  Parties to agreement.

(a)  Prospective adoptive parents and birth relatives.--A prospective adoptive parent of a child may enter into an agreement with a birth relative of  the child to permit continuing contact or communication between the child and the birth relative or between the adoptive parent and the birth relative.

(b)  Guardians ad litem for siblings of adoptees.--Where siblings have been freed for adoption through the termination of parental rights, following a dependency proceeding, and the prospective adoptive parent is not adopting all of the siblings, each such sibling who is under 18 years of age shall be represented by a guardian ad litem in the development of an agreement.

(c)  Notification.--An agency or anyone representing the parties in an adoption shall provide notification to a prospective adoptive parent, a birth parent and a child who can be reasonably expected to understand that a prospective adoptive parent and a birth relative of a child have the option to enter into a voluntary agreement for continuing contact or communication.

(d)  Construction.--Nothing in this chapter shall be construed to prohibit the parties from agreeing to mediation of an agreement at their own cost, including the modification of an agreement, before seeking a remedy from the court.

§ 2734.  Consent of a child.

If the child is 12 years of age or older, an agreement made under this subchapter may not be entered into without the child's consent.

§ 2735.  Filing and approval of an agreement.

(a)  General rule.--An agreement shall be filed with the court that finalizes the adoption of the child.

(b)  Conditions for approval.--The court shall approve the agreement if the court determines that:

(1)  The agreement has been entered into knowingly and voluntarily by all parties. An affidavit made under oath must accompany the agreement affirmatively stating that the agreement was entered into knowingly and voluntarily and is not the product of coercion, fraud or duress. The affidavit may be executed jointly or separately.

(2)  The agreement is in the best interest of the child. In making that determination, factors that the court may consider include, but are not limited to, the following:

(i)  The length of time that the child has been under actual care, custody and control of a person other than a birth parent and the circumstances relating thereto.

(ii)  The interaction and interrelationship of the child with birth relatives and other persons who routinely interact with the birth relatives and may significantly affect the child's best interests.

(iii)  The adjustment to the child's home, school and community.

(iv)  The willingness and ability of the birth relative to respect and appreciate the bond between the child and prospective adoptive parent.

(v)  The willingness and ability of the prospective adoptive parent to respect and appreciate the bond between the child and the birth relative.

(vi)  Any evidence of abuse or neglect of the child.

(c)  Legal effect.--An agreement shall not be legally enforceable unless approved by the court.

§ 2736.  Failure to comply.

Failure to comply with the terms of an agreement that has been approved by the court pursuant to this subchapter shall not be grounds for setting aside an adoption decree.

§ 2737.  Modification of agreement.

(a)  General rule.--Only the adoptive parent or a child who is 12 years of age or older may seek to modify an agreement by filing an action in the court that finalized the adoption.

(b)  Standard for modification.--Before the court may enter an order modifying the agreement, it must find by clear and convincing evidence that modification serves the needs, welfare and best interest of the child.

 

Cross References.  Section 2737 is referred to in sections 2741, 2742 of this title.

§ 2738.  Enforcement of agreement.

(a)  General rule.--Any party to an agreement, a sibling or a child who is the subject of an agreement may seek to enforce an agreement by filing an action in the court that finalized the adoption.

(b)  Remedies.--Any party to an agreement, a sibling or a child who is the subject of an agreement may request only specific performance in seeking to enforce an agreement and may not request monetary damages or modification of an agreement.

(c)  Requirements.--For an agreement to be enforceable, it must be:

(1)  In writing.

(2)  Approved by the court on or before the date for any adoption decree.

(3)  If the child is 12 years of age or older when the agreement is executed, the child must consent to the agreement at the time of its execution.

(d)  Prerequisites.--Before the court may enter an order enforcing an agreement, it must find all of the following:

(1)  The party seeking enforcement of the agreement is in substantial compliance with the agreement.

(2)  By clear and convincing evidence, enforcement serves the needs, welfare and best interest of the child.

(e)  Cessation of enforceability.--

(1)  An agreement shall cease to be enforceable on the date the child turns 18 years of age unless the agreement otherwise stipulates or is modified by the court.

(2)  The court issuing final approval of an agreement shall have continuing jurisdiction over enforcement of the agreement until the child turns 18 years of age, unless the agreement otherwise stipulates or is modified by the court.

(f)  Exclusivity of remedy.--This section constitutes the exclusive remedy for enforcement of an agreement, and no statutory or common law remedy shall be available for enforcement or damages in connection with an agreement.

 

Cross References.  Section 2738 is referred to in sections 2741, 2742 of this title.

§ 2739.  Discontinuance of agreement.

(a)  General rule.--A party to an agreement or a child that is at least 12 years of age or older may seek to discontinue an agreement by filing an action in the court that finalized the adoption.

(b)  Standard for discontinuation.--Before the court may enter an order discontinuing an agreement, it must find by clear and convincing evidence that discontinuance serves the needs, welfare and best interest of the child.

 

Cross References.  Section 2739 is referred to in sections 2741, 2742 of this title.

§ 2740.  Procedures for facilitating and resolving agreements involving a county child welfare agency.

(a)  Department to develop procedures.--In termination of parental rights and adoption proceedings involving a county child welfare agency arising from a juvenile dependency case under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the department shall develop, in consultation with the Administrative Office of the Pennsylvania Courts and the Juvenile Courts Judges Commission, procedures to do the following:

(1)  Facilitate the development of an agreement, when appropriate, before it is presented to the court.

(2)  Resolve any requests to modify, enforce or discontinue an agreement consistent with the provisions of this subchapter.

(b)  Requirements.--The procedures shall, among other provisions to be determined by the department, clearly inform the parties to and subject of an agreement how to seek modification, enforcement or discontinuance of an agreement that was approved by the court.

(c)  Availability to county agencies.--The department shall make the procedures available to county agencies no later than 180 days after the effective date of this subchapter.

§ 2741.  Counsel.

(a)  General rule.--In proceedings under sections 2737 (relating to modification of agreement), 2738 (relating to enforcement of agreement) and 2739 (relating to discontinuance of agreement), parties shall not be entitled to court-appointed counsel.

(b)  Guardians ad litem.--

(1)  Notwithstanding the provisions of subsection (a), the court may appoint a guardian ad litem to represent the interests of a child in proceedings under sections 2737, 2738 and 2739 and a sibling under 18 years of age who seeks to enforce or to discontinue an agreement.

(2)  When appointing a guardian ad litem under this subchapter, the court may appoint the same attorney who represents or has represented the child in any dependency proceedings or termination of parental rights proceedings.

§ 2742.  Costs.

If the court finds that an action brought under section 2737 (relating to modification of agreement), 2738 (relating to enforcement of agreement) or 2739 (relating to discontinuance of agreement) was wholly insubstantial, frivolous or not advanced in good faith, the court may award attorney fees and costs to the prevailing parties.