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Pennsylvania House of Representatives
https://www.legis.state.pa.us/cfdocs/Legis/CSM/showMemoPublic.cfm?chamber=H&SPick=20150&cosponId=18979
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House of Representatives
Session of 2015 - 2016 Regular Session

MEMORANDUM

Posted: September 18, 2015 02:38 PM
From: Representative Scott A. Petri
To: All House members
Subject: Adoption Package – Revocation of Consent
 
I plan to soon reintroduce my legislation proposing to shorten from 30 days to five days (120 hours) the period in which a birth mother, birth father or putative father can revoke their consent to an adoption. This legislation (former HB 738) is a key bill in the package of legislation that is being reintroduced to reform Pennsylvania’s adoption laws and improve the adoption process.

My legislation amends Title 23 (Domestic Relations) of Pa. C.S. by constricting the time frame for revocation of consent to 120 hours after a birth mother formally gives her consent. Under current state law, the consent of the birth mother is only valid if it is executed no sooner than 72 hours (three days) after the birth of the child. In the case of a birth father or putative father, their consent would be irrevocable 120 hours after the birth of the child or the execution of consent, whichever occurs later.

My legislation also would change the time frame in which a birth parent or putative father who executed a consent to adoption can challenge the validity of that consent by filing a petition alleging that the consent was obtained under fraud or duress. Current law allows such a petition to be filed within 60 days of the birth of the child or within 30 days after entry of the adoption decree, whichever is earlier. My legislation eliminates those timetables and stipulates that a petition challenging validity of consent must be filed prior to the termination of parental rights.

In addition, this bill adds a stipulation stating that once an individual’s parental rights are terminated and the individual has executed the consent to an adoption, the individual has no further standing to contest the adoption or revoke consent.

Finally, with respect to the notice of an adoption hearing, my legislation stipulates that no further notice of the hearing is required to be given to birth parents if the birth parents have consented to the adoption and parental rights have been terminated.

I believe this legislation, as well as the other bills in the aforementioned legislative package, will significantly improve Pennsylvania’s adoption laws and make it easier for adoptive parents to provide stable and loving homes for children in need of them.

If you would like to sign on as a cosponsor of this legislation, please contact Lea Farrell at lfarrell@pahousegop.com or 787-9033.



Introduced as HB1526