PRINTER'S NO. 2806
No. 2133 Session of 1989
INTRODUCED BY HAGARTY, CALTAGIRONE, HECKLER, HAYDEN, McVERRY,
KOSINSKI, REBER, MAINE, FARMER, LASHINGER, SAURMAN, NAHILL,
FOX, BUNT, JAROLIN, HERMAN, CHADWICK, GODSHALL, DEMPSEY,
G. SNYDER, NOYE, BUSH, BURD, J. L. WRIGHT, PESCI, KUKOVICH,
O'BRIEN, S. H. SMITH, E. Z. TAYLOR, DeLUCA, VEON, BATTISTO,
MELIO, PITTS, CLYMER, MORRIS, LINTON, FLEAGLE, LAUGHLIN,
COWELL, MARSICO, GRUPPO, LEE, HALUSKA, RAYMOND, NAILOR,
FREIND AND McHALE, NOVEMBER 29, 1989
REFERRED TO COMMITTEE ON JUDICIARY, NOVEMBER 29, 1989
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, adding a definition of "newborn
3 child"; further providing for notice of hearings; providing
4 for confidentiality for adoptive parents; providing for the
5 furnishing of counseling to parents whose parental rights are
6 being relinquished; further providing for involuntary
7 termination of parental rights; providing for preplacement
8 investigations and reports; further providing for the
9 contents of reports of intention to adopt; and further
10 providing for preference as to religious upbringing of an
11 adopted child.
12 The General Assembly of the Commonwealth of Pennsylvania
13 hereby enacts as follows:
14 Section 1. Section 2102 of Title 23 of the Pennsylvania
15 Consolidated Statutes is amended by adding a definition to read:
16 § 2102. Definitions.
17 The following words and phrases when used in this part shall
18 have, unless the context clearly indicates otherwise, the
19 meanings given to them in this section:
1 * * *
2 "Newborn child." A child who is six months of age or younger
3 at the time of the filing of any petition pursuant to Chapter 25
4 (relating to proceedings prior to petition to adopt).
5 * * *
6 Section 2. Sections 2503 and 2504 of Title 23 are amended to
7 read:
8 § 2503. Hearing.
9 (a) General rule.--Upon presentation of a petition prepared
10 pursuant to section 2501 (relating to relinquishment to agency)
11 or section 2502 (relating to relinquishment to adult intending
12 to adopt child), the court shall fix a time for hearing which
13 shall not be less than ten days after filing of the petition.
14 The petitioner must appear at the hearing.
15 (b) Notice.--[Notice to the petitioner shall be in the form
16 provided in section 2513(b) (relating to hearing). Notice] At
17 least ten days' notice of the hearing shall be given to the
18 petitioner, and a copy of the notice shall be given to the other
19 parent, [to the putative father whose parental rights could be
20 terminated pursuant to subsection (d)] and to the parents or
21 guardian of a petitioner who has not reached 18 years of age.
22 The notice shall state the following:
23 To: (insert petitioner's name)
24 A petition has been filed asking the court to put an end
25 to all rights you have to your child (insert name of child).
26 The court has set a hearing to consider ending your rights to
27 your child. That hearing will be held in (insert place,
28 giving reference to exact room and building number or
29 designation) on (insert date) at (insert time). Your presence
30 is required at the hearing. You have a right to be
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1 represented at the hearing by a lawyer. You should take this
2 paper to your lawyer at once. If you do not have a lawyer or
3 cannot afford one, go to or telephone the office set forth
4 below to find out where you can get legal help.
5 (Name)....................
6 (Address).................
7 ..........................
8 (Telephone number)........
9 (c) Decree.--After hearing, which shall be private, the
10 court may enter a decree of termination of parental rights in
11 the case of their relinquishment to an adult or a decree of
12 termination of parental rights and duties, including the
13 obligation of support, in the case of their relinquishment to an
14 agency.
15 (d) [Putative father.--If a putative father will not file a
16 petition to voluntarily relinquish his parental rights pursuant
17 to section 2501 (relating to relinquishment to agency) or 2502
18 (relating to relinquishment to adult intending to adopt child)
19 and has not filed an acknowledgment of paternity or claim of
20 paternity pursuant to section 8302 (relating to acknowledgment
21 of paternity) or 8303 (relating to claim of paternity), the
22 court may enter a decree terminating the parental rights of the
23 putative father pursuant to subsection (c).] Right to file
24 personal information.--At the time the decree of termination is
25 transmitted to the petitioner, the court shall advise the
26 petitioner, in writing, of his or her right to place personal
27 information on file with the Department of Health pursuant to
28 section 2905(d) (relating to impounding of proceedings and
29 access to records).
30 § 2504. Alternative procedure for relinquishment.
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1 (a) Petition to confirm consent to adoption.--If the parent
2 or parents of the child have executed consents to an adoption as
3 required by section 2711 (relating to consents necessary to
4 adoption) but have failed for a period of 40 days after
5 executing the consent to file or proceed with the petition for
6 voluntary relinquishment of parental rights provided for in this
7 subchapter, the intermediary may petition the court to hold a
8 hearing for the purpose of confirming the intention of the
9 parent or parents to voluntarily relinquish their rights and
10 duties as evidenced by the consent or consents to the adoption,
11 the original of which shall be attached to the petition. In the
12 case where there is no intermediary, the adoptive parent or
13 parents may file the petition.
14 (b) Hearing.--Upon presentation of a petition filed pursuant
15 to this section, the court shall fix a time for a hearing which
16 shall not be less than ten days after filing of the petition.
17 Notice of the hearing shall be by personal service or by
18 registered mail or by such other means as the court may require
19 upon the consenter and shall be in the form provided in section
20 2513(b) (relating to hearing). Notice of the hearing shall be
21 given to the other parent or parents, [to the putative father
22 whose parental rights could be terminated pursuant to subsection
23 (c)] and to the parents or guardian of a consenting parent who
24 has not reached 18 years of age. After hearing, which shall be
25 private, the court may enter a decree of termination of parental
26 rights in the case of a relinquishment to an adult or a decree
27 of termination of parental rights and duties, including the
28 obligation of support, in the case of a relinquishment to an
29 agency.
30 (c) [Putative father.--If a putative father will not execute
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1 a consent to an adoption as required by section 2711 and has not
2 filed an acknowledgment of paternity or claim of paternity
3 pursuant to section 8302 (relating to acknowledgment of
4 paternity) or 8303 (relating to claim of paternity), the court
5 may enter a decree terminating the parental rights of the
6 putative father pursuant to subsection (b).] Right to file
7 personal information.--At the time the decree of termination is
8 transmitted to the parent, the court shall also advise, in
9 writing, the parent whose rights have been terminated of his or
10 her right to place personal information on file with the
11 Department of Health pursuant to section 2905(d) (relating to
12 impounding of proceedings and access to records).
13 Section 3. Title 23 is amended by adding a section to read:
14 § 2504.1. Confidentiality.
15 The court shall take such steps as are reasonably necessary
16 to assure that the identity of the adoptive parent or parents is
17 not disclosed without their consent in any proceeding under
18 Subchapter A (relating to voluntary relinquishment) or B
19 (relating to involuntary termination). The Supreme Court may
20 prescribe uniform rules under this section relating to such
21 confidentiality.
22 Section 4. Sections 2505, 2511 and 2513(b) of Title 23 are
23 amended to read:
24 § 2505. Counseling.
25 (a) List of counselors.--Any hospital or other facility
26 providing maternity care shall provide a list of available
27 counselors and counseling services compiled pursuant to
28 subsection (b) to its maternity patients who are known to be
29 considering relinquishment or termination of parental rights
30 pursuant to this part. The patient shall sign an acknowledgment
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1 of receipt of such list prior to discharge, a copy of which
2 receipt shall be provided to the patient.
3 (b) Compilation of list.--The court shall compile a list of
4 qualified counselors and counseling services (including all
5 adoption agencies) which are available to counsel natural
6 parents within the county who are contemplating relinquishment
7 or termination of parental rights pursuant to this part. Such
8 list shall be [made available upon request to any] distributed
9 to every agency, [intermediary,] hospital or other facility
10 providing maternity care[.] within the county and shall be made
11 available upon request to any intermediary or licensed health
12 care professional.
13 (c) Court referral.--Prior to entering a decree of
14 termination of parental rights pursuant to section 2503
15 (relating to hearing) or 2504 (relating to alternative procedure
16 for relinquishment), the court shall ascertain whether the
17 parent whose rights are to be terminated has received counseling
18 concerning this termination, and the alternatives thereto, from
19 an agency or from a qualified counselor listed by a court
20 pursuant to subsection (b). If the parent has not received such
21 counseling, the court may, with the parent's consent, refer the
22 parent to an agency or qualified counselor listed by a court
23 pursuant to subsection (b) for the purpose of receiving such
24 counseling. In no event shall the court delay the completion of
25 any hearing pursuant to section 2503 or 2504 for more than 15
26 days in order to provide for such counseling.
27 (d) Application for counseling.--Any parent who has filed a
28 petition to relinquish his or her parental rights, or has
29 executed a consent to adoption, and is in need of counseling
30 concerning the relinquishment or consent, and the alternatives
19890H2133B2806 - 6 -
1 thereto, may apply to the court for referral to an agency or
2 qualified counselor listed by a court pursuant to subsection (b)
3 for the purpose of receiving such counseling. The court, in its
4 discretion, may make such a referral where it is satisfied that
5 this counseling would be of benefit to the parent.
6 (e) Counseling fund.--Except as hereinafter provided, each
7 report of intention to adopt filed pursuant to section 2531
8 (relating to report of intention to adopt) shall be accompanied
9 by a filing fee in the amount of $75 which shall be paid into a
10 segregated fund established by the county. The county may also
11 make supplemental appropriations to the fund. All costs of
12 counseling provided pursuant to subsection (c) or (d) to
13 individuals who are unable to pay for such counseling shall be
14 paid from the fund. No filing fee may be exacted under this
15 subsection with respect to the adoption of a special needs child
16 who would be eligible for adoption assistance pursuant to
17 regulations promulgated by the Department of Public Welfare. In
18 addition, the court may reduce or waive the fee in cases of
19 demonstrated financial hardship.
20 § 2511. Grounds for involuntary termination.
21 (a) General rule.--The rights of a parent in regard to a
22 child may be terminated after a petition filed on any of the
23 following grounds:
24 (1) The parent by conduct continuing for a period of at
25 least six months immediately preceding the filing of the
26 petition either has evidenced a settled purpose of
27 relinquishing parental claim to a child or has refused or
28 failed to perform parental duties.
29 (2) The repeated and continued incapacity, abuse,
30 neglect or refusal of the parent has caused the child to be
19890H2133B2806 - 7 -
1 without essential parental care, control or subsistence
2 necessary for his physical or mental well-being and the
3 conditions and causes of the incapacity, abuse, neglect or
4 refusal cannot or will not be remedied by the parent.
5 (3) The parent is the presumptive but not the natural
6 father of the child.
7 (4) The child is in the custody of an agency, having
8 been found under such circumstances that the identity or
9 whereabouts of the parent is unknown and cannot be
10 ascertained by diligent search and the parent does not claim
11 the child within three months after the child is found.
12 (5) The child has been removed from the care of the
13 parent by the court or under a voluntary agreement with an
14 agency for a period of at least six months, the conditions
15 which led to the removal or placement of the child continue
16 to exist, the parent cannot or will not remedy those
17 conditions within a reasonable period of time, the services
18 or assistance reasonably available to the parent are not
19 likely to remedy the conditions which led to the removal or
20 placement of the child within a reasonable period of time and
21 termination of the parental rights would best serve the needs
22 and welfare of the child.
23 (6) In the case of a newborn child, the parent has
24 actual or constructive knowledge of the child's birth, does
25 not reside with the child, has not married the child's other
26 parent, has failed for a period of three months immediately
27 preceding the filing of the petition to maintain substantial
28 and continuing contact with the child, and has failed during
29 the same three-month period to provide substantial financial
30 support for the child.
19890H2133B2806 - 8 -
1 (7) The parent is the father of a child who was
2 conceived as a result of a rape.
3 (b) Other considerations.--The court in terminating the
4 rights of a parent shall give primary consideration to the needs
5 and welfare of the child. The rights of a parent shall not be
6 terminated solely on the basis of environmental factors such as
7 inadequate housing, furnishings, income, clothing and medical
8 care if found to be beyond the control of the parent. With
9 respect to any petition filed pursuant to subsection (a)(1) or
10 (6), the court shall not consider any efforts by the parent to
11 remedy the conditions described therein which are undertaken
12 subsequent to the filing of the petition.
13 (c) Right to file personal information.--At the time the
14 decree of termination is transmitted to the parent whose rights
15 have been terminated, the court shall advise the parent, in
16 writing, of his or her right to place personal information on
17 file with the Department of Health pursuant to section 2905(d)
18 (relating to impounding of proceedings and access to records).
19 § 2513. Hearing.
20 * * *
21 (b) Notice.--At least ten days' notice shall be given to the
22 parent or parents, putative [parent] father, or parent of a
23 minor parent whose rights are to be terminated, by personal
24 service or by registered mail to his or their last known address
25 or by such other means as the court may require. A putative
26 [parent] father shall include one who has filed a claim of
27 paternity as provided in section 8303 (relating to claim of
28 paternity) prior to the institution of proceedings. The notice
29 shall state the following:
30 "A petition has been filed asking the court to put an end
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1 to all rights you have to your child (insert name of child).
2 The court has set a hearing to consider ending your rights to
3 your child. That hearing will be held in (insert place,
4 giving reference to exact room and building number or
5 designation) on (insert date) at (insert time). You are
6 warned that even if you fail to appear at the scheduled
7 hearing, the hearing will go on without you and your rights
8 to your child may be ended by the court without your being
9 present. You have a right to be represented at the hearing by
10 a lawyer. You should take this paper to your lawyer at once.
11 If you do not have a lawyer or cannot afford one, go to or
12 telephone the office set forth below to find out where you
13 can get legal help.
14 (Name)...................
15 (Address)................
16 .........................
17 (Telephone number).......
18 * * *
19 Section 5. Title 23 is amended by adding a section to read:
20 § 2530. Preplacement investigation and report.
21 (a) General rule.--No intermediary shall place a child in
22 the physical care or custody of a prospective adoptive parent or
23 parents unless a preplacement investigation containing a
24 favorable recommendation for placement of a child with the
25 prospective parent or parents has been completed within three
26 years prior thereto and which has been supplemented within one
27 year prior thereto. The preplacement investigation shall be
28 conducted by a local public child-care agency, an adoption
29 agency or a licensed social worker.
30 (b) Preplacement report.--A preplacement report shall be
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1 prepared by the agency or person conducting the preplacement
2 investigation.
3 (1) The report shall set forth all pertinent information
4 relating to the fitness of the adopting parents as parents.
5 (2) The report shall be based upon a study which shall
6 include an investigation of the home environment, family
7 life, parenting skills, age, health, racial, ethnic and
8 religious background, facilities and resources of the
9 adoptive parents and their ability to manage their resources.
10 The report shall also include the information required by
11 section 23.1 of the act of November 26, 1975 (P.L.438,
12 No.124), known as the Child Protective Services Law.
13 (3) The report shall include a determination regarding
14 the fitness of the adopting parents as parents.
15 (4) The report shall be dated and verified.
16 Section 6. Sections 2531(b), 2701, 2725 and 2905(a) and (d)
17 of Title 23 are amended to read:
18 § 2531. Report of intention to adopt.
19 * * *
20 (b) Contents.--The report shall set forth:
21 (1) The circumstances surrounding the persons receiving
22 or retaining custody or physical care of the child, including
23 the date upon which a preplacement investigation was
24 concluded.
25 (2) The name, sex, racial background, age, date and
26 place of birth and religious affiliation of the child.
27 (3) The name and address of the intermediary.
28 (4) An itemized accounting of moneys and consideration
29 paid or to be paid to the intermediary.
30 (5) Whether the parent or parents whose parental rights
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1 are to be terminated have received counseling with respect to
2 the termination and the alternatives thereto. If so, the
3 report shall state the dates on which the counseling was
4 provided and the name and address of the counselor or agency
5 which provided the counseling.
6 [(5)] (6) The name, address and signature of the person
7 or persons making the report. Immediately above the signature
8 of the person or persons intending to adopt the child shall
9 appear the following statement:
10 I acknowledge that I have been advised or know and
11 understand that the natural parent may revoke the consent
12 to the adoption of this child until a court has entered a
13 decree terminating the parental rights and, unless a
14 decree terminating parental rights has been entered, the
15 natural parent may revoke the consent until a court
16 enters the final adoption decree.
17 (7) A copy of the preplacement report prepared pursuant
18 to section 2530 (relating to preplacement investigation and
19 report).
20 When a person receives or retains custody or physical care of a
21 child from an agency, the report shall set forth only the name
22 and address of the agency [and], the circumstances surrounding
23 such person receiving or retaining custody or physical care of
24 the child and a copy of the preplacement report prepared
25 pursuant to section 2530.
26 * * *
27 § 2701. Contents of petition for adoption.
28 A petition for adoption shall set forth:
29 (1) The full name, residence, marital status, age,
30 occupation, religious affiliation and racial background of
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1 the adopting parent or parents and their relationship, if
2 any, to the adoptee.
3 (2) That the reports under sections 2530 (relating to
4 preplacement investigation and report), 2531 (relating to
5 report of intention to adopt) and 2533 (relating to report of
6 intermediary) have been filed, if required.
7 (3) The name and address of the intermediary, if any.
8 (4) The full name of the adoptee and the fact and length
9 of time of the residence of the adoptee with the adopting
10 parent or parents.
11 (5) If there is no intermediary or if no report of the
12 intermediary has been filed or if the adoptee is over the age
13 of 18 years, all vital statistics and other information
14 enumerated and required to be stated of record by section
15 2533, so far as applicable.
16 (6) If a change in name of the adoptee is desired, the
17 new name.
18 (7) That all consents required by section 2711 (relating
19 to consents necessary to adoption) are attached as exhibits
20 or the basis upon which such consents are not required.
21 (8) That it is the desire of the petitioner or the
22 petitioners that the relationship of parent and child be
23 established between the petitioner or petitioners and the
24 adoptee.
25 (9) If no birth certificate or certification of
26 registration of birth can be obtained, a statement of the
27 reason therefor and an allegation of the efforts made to
28 obtain the certificate with a request that the court
29 establish a date and place of birth at the adoption hearing
30 on the basis of the evidence presented.
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1 § 2725. Religious belief.
2 Whenever possible, [the adopting parents shall be of the same
3 religious faith as the natural parents of the adoptee] the court
4 and the intermediary shall honor the preference of the natural
5 parents as to the religious faith in which the adoptive parents
6 will rear the adopted child. No person shall be denied the
7 benefits of this part because of a religious belief in the use
8 of spiritual means or prayer for healing.
9 § 2905. Impounding of proceedings and access to records.
10 (a) General rule.--All petitions, exhibits, reports, notes
11 of testimony, decrees, and other papers pertaining to any
12 proceeding under this part or former statutes relating to
13 adoption shall be kept in the files of the court as a permanent
14 record thereof and withheld from inspection except on an order
15 of court granted upon cause shown or except as otherwise
16 provided in this section. Any report required to be filed under
17 sections 2530 (relating to preplacement investigation and
18 report), 2531 (relating to report of intention to adopt) and
19 2535 (relating to investigation) shall be made available to
20 parties to an adoption proceeding only after all identifying
21 names and addresses in the report have been extirpated by the
22 court.
23 * * *
24 (d) Disclosure of information on original certificate of
25 birth.--
26 (1) No disclosure of information shall be made by the
27 court, an agency, the Department of Health or any other
28 Commonwealth agency regarding the adopted person's original
29 certificate of birth or regarding the documents of proof on
30 which the amended certificate of birth is based or relating
19890H2133B2806 - 14 -
1 in any way to the natural parents unless the disclosure is
2 made pursuant to the provisions of this section.
3 (2) Notwithstanding any other provision in this section
4 to the contrary, the natural parents may, at the time of the
5 [relinquishment] termination of their parental rights
6 pursuant to Chapter 25 (relating to proceedings prior to
7 petition to adopt) or at any time thereafter, place on file,
8 with the court and with the Department of Health, a consent
9 form granting permission for the court or the department to
10 disclose the information contained in the adoptee's original
11 certificate of birth, or any other identifying or
12 nonidentifying information pertaining to the natural parents,
13 at any time after the adoptee attains the age of 18 or, if
14 less than 18, to his adoptive parent or legal guardian. If
15 both parents give their consent, the information on the birth
16 certificate may be disclosed. If only one parent gives
17 consent, only the identity of the consenting parent shall be
18 disclosed. The natural parents shall be entitled to update
19 those records, as necessary, to reflect the natural parent's
20 current address or any other information pertaining to the
21 natural parents. The information may only be disclosed upon
22 the request of the adoptee or his adoptive parent or legal
23 guardian, and the consent of the natural parents may be
24 withdrawn at any time by filing a withdrawal of consent form
25 with the court and the department. The department shall
26 prescribe by regulation the procedure and forms to be
27 utilized for the giving, updating and withdrawal of the
28 consent.
29 Section 7. This act shall take effect in 60 days.
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