THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY BENNINGHOFF, BOBACK, CALTAGIRONE, CLYMER, D. COSTA, DAVIS, DENLINGER, EVERETT, FARRY, FLECK, FRANKEL, GILLEN, GINGRICH, GROVE, HARHART, HARRIS, JOSEPHS, KAVULICH, KNOWLES, MILLARD, D. O'BRIEN, PICKETT, RAPP, K. SMITH, SONNEY, SWANGER AND VULAKOVICH, MARCH 7, 2011

REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 7, 2011  

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in adoption, further providing for

original birth record.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Section 2937 of Title 23 of the Pennsylvania

Consolidated Statutes, added October 27, 2010 (P.L.  , No.101),

is amended to read:

§ 2937.  Original birth record.

(a)  General rule.--No disclosure of information shall be

made by a court, an agency, the Department of Health or any

other Commonwealth agency regarding an adoptee's original birth

record or regarding the documents or proof on which an amended

certificate of birth is based or relating in any way to the

birth parents unless the disclosure is made pursuant to the

provisions of this section.

(b)  Filing of consent to issue copy of summary of original

birth record.--

(1)  The birth parents may, at the time their parental

rights are terminated or at any time thereafter, place on

file with the court and the Department of Health a consent

form granting permission for the court or the Department of

Health to issue a copy of the summary of the adoptee's

original birth record, which summary discloses the identity

of the birth parents, at any time after the adoptee turns 18

years of age or, if less than 18 years of age, to the

adoptive parent or legal guardian.

(2)  If only one birth parent has filed a consent, a copy

of the summary of the original birth record naming only the

consenting birth parent shall be issued.

(3)  The consent of a birth parent may be withdrawn at

any time by filing a withdrawal of consent form with the

court and the Department of Health.

(c)  Duty of Department of Health.--The Department of Health 

shall prescribe by regulation the procedure and forms to be

utilized for the giving, updating and withdrawal of consent.

(d)  Exception.--Notwithstanding the provisions of this

section, the Bureau of Vital Statistics of the Department of

Health shall disclose, at the written request of an adoptee, the

original or amended certificate of birth of the adoptee in

accordance with the provisions of the act of June 29, 1953

(P.L.304, No.66), known as the Vital Statistics Law of 1953.

Section 2.  This act shall take effect April 25, 2011, or in

60 days, whichever is later.