Regular Session 2015-2016 House Bill 1526 P.N. 3512

PRIOR PRINTER'S NO. 2346

PRINTER'S NO. 3512

THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

No.

1526

Session of

2015

INTRODUCED BY PETRI, WATSON, BAKER, COHEN, MILLARD, D. PARKER,

PICKETT, ZIMMERMAN, SCHEMEL AND MOUL, OCTOBER 14, 2015

AS REPORTED FROM COMMITTEE ON CHILDREN AND YOUTH, HOUSE OF

REPRESENTATIVES, AS AMENDED, JUNE 14, 2016

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania

Consolidated Statutes, in adoption, further providing for

report of intention to adopt, for consents necessary to

adoption and for notice of hearing.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1. Sections 2531(b)(6), 2711(c) and (d) and 2721 of

Title 23 of the Pennsylvania Consolidated Statutes are amended

to read:

§ 2531. Report of intention to adopt.

* * *

(b) Contents.--The report shall set forth:

* * *

(6) The name, address and signature of the person or

persons making the report. Immediately above the signature of

the person or persons intending to adopt the child shall

appear the following statement:

I acknowledge that I have been advised or know and

understand that the birth father or putative father may

revoke the consent to the adoption of this child within

[30 days] 120 hours 14 DAYS after the later of the birth

of the child or the date he has executed the consent to

an adoption and that the birth mother may revoke the

consent to an adoption of this child within [30 days] 120

hours 14 DAYS after the date she has executed the

consent.

* * *

§ 2711. Consents necessary to adoption.

* * *

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] 120 hours 14 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

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days] 120 hours 14 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.] prior to the termination of parental rights.

(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.

(4) Once the individual's parental rights are terminated

and the individual has executed a consent to an adoption, the

individual has no further standing to contest the adoption or

to revoke his or her consent.

(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:

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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] 120 hours

14 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] 120 hours 14 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

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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.

§ 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.] is not required if the parents have consented to the

adoption and parental rights have been terminated. 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.

Section 2. This act shall take effect in 60 days ONE YEAR.

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