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PRINTER'S NO. 213
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
243
Session of
2019
INTRODUCED BY D. MILLER, MURT, SCHLOSSBERG, RABB, T. DAVIS,
ISAACSON, OTTEN, CALTAGIRONE, KORTZ, HILL-EVANS, YOUNGBLOOD
AND McCLINTON, JANUARY 28, 2019
REFERRED TO COMMITTEE ON JUDICIARY, JANUARY 28, 2019
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, adding provisions relating to
establishment of parent-child relationship for certain
individuals; providing for voluntary acknowledgment of
parentage, for registry of paternity, for genetic testing,
for proceeding to adjudicate parentage, for assisted
reproduction, for surrogacy agreements and for information
about donors.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a part to read:
PART IX-A
UNIFORM PARENTAGE ACT
C hapter
91. General Provisions
92. Parent-child Relationship
93. Voluntary Acknowledgment of Parentage
94. Registry of Paternity
95. Genetic Testing
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96. Proceeding to Adjudicate Parentage
97. Assisted Reproduction
98. Surrogacy Agreement
99. Information about Donor
99A. Miscellaneous Provisions
CHAPTER 91
GENERAL PROVISIONS
Sec.
9101. Short title of part.
9102. Definitions.
9103. Scope of part.
9104. Authorized court.
9105. Applicable law.
9106. Data privacy.
9107. Establishment of maternity and paternity.
§ 9101. S hort title of part.
This part shall be known as the Uniform Parentage Act.
§ 9102. Definitions.
Subject to additional definitions contained in subsequent
provisions of this part which are applicable to specific
provisions of this part, the following words and phrases when
used in this part shall have the meanings given to them in this
section unless the context clearly indicates otherwise:
"Acknowledged parent." An individual who has established a
parent-child relationship under Chapter 93 (relating to
voluntary acknowledgment of parentage).
"Adjudicated parent." An individual who has been adjudicated
to be a parent of a child by a court with jurisdiction.
"Alleged genetic parent." An individual who is alleged to
be, or alleges that the individual is, a genetic parent or
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possible genetic parent of a child whose parentage has not been
adjudicated. The term includes an alleged genetic father and
alleged genetic mother. The term does not include:
(1) a presumed parent;
(2) an individual whose parental rights have been
terminated or declared not to exist; or
(3) a donor.
"Assisted reproduction." A method of causing pregnancy other
than sexual intercourse. The term includes:
(1) intrauterine or intracervical insemination;
(2) donation of gametes;
(3) donation of embryos;
(4) in-vitro fertilization and transfer of embryos; and
(5) intracytoplasmic sperm injection.
"Birth." Includes stillbirth.
"Child." An individual of any age whose parentage may be
determined under this part.
"Child-support agency." A government entity, public official
or private agency authorized to provide parentage-establishment
services under Part D of Title IV of the Social Security Act (49
Stat. 620, 42 U.S.C. § 651 et seq.).
"Determination of parentage." Establishment of a parent-
child relationship by a judicial or administrative proceeding or
signing of a valid acknowledgment of parentage under Chapter 93.
"Donor." An individual who provides gametes intended for use
in assisted reproduction, whether or not for consideration. The
term does not include:
(1) a woman who gives birth to a child conceived by
assisted reproduction, except as otherwise provided in
Chapter 98 (relating to surrogacy agreement); or
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(2) a parent under Chapter 97 (relating to assisted
reproduction) or an intended parent under Chapter 98.
"Gamete." A sperm, an egg or any part of a sperm or an egg.
"Genetic testing." An analysis of genetic markers to
identify or exclude a genetic relationship.
"Individual." A natural person of any age.
"Intended parent." An individual, married or unmarried, who
manifests an intent to be legally bound as a parent of a child
conceived by assisted reproduction.
"Man." A male individual of any age.
"Parent." An individual who has established a parent-child
relationship under section 9201 (relating to establishment of
parent-child relationship).
"Parentage" or "parent-child relationship." The legal
relationship between a child and a parent of the child.
"Presumed parent." An individual who, under section 9204
(relating to presumption of parentage), is presumed to be a
parent of a child, unless the presumption is overcome in a
judicial proceeding, a valid denial of parentage is made under
Chapter 93 or a court adjudicates the individual to be a parent.
"Record." Information that is inscribed on a tangible medium
or that is stored in an electronic or other medium and is
retrievable in perceivable form.
"Sign." With present intent to authenticate or adopt a
record:
(1) to execute or adopt a tangible symbol; or
(2) to attach to or logically associate with the record
an electronic symbol, sound or process.
"Signatory." An individual who signs a record.
"State." A state of the United States, the District of
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Columbia, Puerto Rico, the United States Virgin Islands or any
territory or insular possession under the jurisdiction of the
United States. The term includes a federally recognized Indian
tribe.
"Transfer." A procedure for assisted reproduction by which
an embryo or sperm is placed in the body of a woman who will
give birth to a child.
"Witnessed." At least one individual who is authorized to
sign has signed a record to verify that the individual
personally observed a signatory sign the record.
"Woman." A female individual of any age.
§ 9103. Scope of part.
(a) General rule.--This part applies to an adjudication or
determination of parentage.
(b) Construction.--This part does not create, affect,
enlarge or diminish parental rights or duties under the law of
this state other than this part.
§ 9104. Authorized court .
The court may adjudicate parentage under this part.
§ 9105. Applicable law .
The court shall apply the law of this state to adjudicate
parentage. The applicable law does not depend on:
(1) the place of birth of the child; or
(2) the past or present residence of the child.
§ 9106. Data privacy.
A proceeding under this part is subject to the law of this
state other than this part which governs the health, safety,
privacy and liberty of a child or other individual who could be
affected by disclosure of information that could identify the
child or other individual, including address, telephone number,
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digital contact information, place of employment, Social
Security number and the child's day-care facility or school.
§ 9107. Establishment of maternity and paternity .
To the extent practicable, a provision of this part
applicable to a father-child relationship applies to a mother-
child relationship and a provision of this part applicable to a
mother-child relationship applies to a father-child
relationship.
CHAPTER 92
PARENT-CHILD RELATIONSHIP
Sec.
9201. Establishment of parent-child relationship.
9202. No discrimination based on marital status of parent.
9203. Consequences of establishing parentage.
9204. Presumption of parentage.
§ 9201. E stablishment of parent-child relationship .
A parent-child relationship is established between an
individual and a child if:
(1) the individual gives birth to the child, except as
otherwise provided in Chapter 98 (relating to surrogacy
agreement);
(2) there is a presumption under section 9204 (relating
to presumption of parentage) of the individual's parentage of
the child, unless the presumption is overcome in a judicial
proceeding or a valid denial of parentage is made under
Chapter 93 (relating to voluntary acknowledgment of
parentage);
(3) the individual is adjudicated a parent of the child
under Chapter 96 (relating to proceeding to adjudicate
parentage);
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(4) the individual adopts the child;
(5) the individual acknowledges parentage of the child
under Chapter 93, unless the acknowledgment is rescinded
under section 9308 (relating to procedure for rescission) or
successfully challenged under Chapter 93 or 96;
(6) the individual's parentage of the child is
established under Chapter 97 (relating to assisted
reproduction); or
(7) the individual's parentage of the child is
established under Chapter 98.
§ 9202. No discrimination based on marital status of parent .
A parent-child relationship extends equally to every child
and parent, regardless of the marital status of the parent.
§ 9203. Consequences of establishing parentage .
Unless parental rights are terminated, a parent-child
relationship established under this part applies for all
purposes, except as otherwise provided by the law of this state
other than this part.
§ 9204. Presumption of parentage .
(a) General rule.--An individual is presumed to be a parent
of a child if:
(1) except as otherwise provided under Chapter 98
(relating to surrogacy agreement) or the law of this state
other than this part:
(i) the individual and the woman who gave birth to
the child are married to each other and the child is born
during the marriage, whether the marriage is or could be
declared invalid;
(ii) the individual and the woman who gave birth to
the child were married to each other and the child is
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born not later than 300 days after the marriage is
terminated by death, divorce, dissolution or annulment,
whether the marriage is or could be declared invalid; or
(iii) the individual and the woman who gave birth to
the child married each other after the birth of the
child, whether the marriage is or could be declared
invalid, the individual at any time asserted parentage of
the child and:
(A) the assertion is in a record filed with the
Bureau of Vital Statistics; or
(B) the individual agreed to be and is named as
a parent of the child on the birth certificate of the
child; or
(2) the individual resided in the same household with
the child for the first two years of the life of the child,
including any period of temporary absence, and openly held
out the child as the individual's child.
(b) Effect of presumption of parentage.--A presumption of
parentage under this section may be overcome and competing
claims to parentage may be resolved only by an adjudication
under Chapter 96 (relating to proceeding to adjudicate
parentage) or a valid denial of parentage under Chapter 93
(relating to voluntary acknowledgment of parentage).
CHAPTER 93
VOLUNTARY ACKNOWLEDGMENT OF PARENTAGE
Sec.
9301. Acknowledgment of parentage.
9302. Execution of acknowledgment of parentage.
9303. Denial of parentage.
9304. Rules for acknowledgment or denial of parentage.
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9305. Effect of acknowledgment or denial of parentage.
9306. No filing fee.
9307. Ratification barred.
9308. Procedure for rescission.
9309. Challenge after expiration of period for rescission.
9310. Procedure for challenge by signatory.
9311. Full faith and credit.
9312. Forms for acknowledgment and denial of parentage.
9313. Release of information.
9314. Adoption of rules.
§ 9301. Acknowledgment of parentage .
A woman who gave birth to a child and an alleged genetic
father of the child, intended parent under Chapter 97 (relating
to assisted reproduction) or presumed parent may sign an
acknowledgment of parentage to establish the parentage of the
child.
§ 9302. Execution of acknowledgment of parentage .
(a) General rule.--An acknowledgment of parentage under
section 9301 (relating to acknowledgment of parentage) must:
(1) be in a record signed by the woman who gave birth to
the child and by the individual seeking to establish a
parent-child relationship and the signatures must be attested
by a notarial officer or witnessed;
(2) state that the child whose parentage is being
acknowledged:
(i) does not have a presumed parent other than the
individual seeking to establish the parent-child
relationship or has a presumed parent whose full name is
stated; and
(ii) does not have another acknowledged parent,
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adjudicated parent or individual who is a parent of the
child under Chapter 97 (relating to assisted
reproduction) or 98 (relating to surrogacy agreement)
other than the woman who gave birth to the child; and
(3) state that the signatories understand that the
acknowledgment is the equivalent of an adjudication of
parentage of the child and that a challenge to the
acknowledgment is permitted only under limited circumstances
and is barred two years after the effective date of the
acknowledgment.
(b) Void acknowledgment of parentage.--An acknowledgment of
parentage is void if, at the time of signing:
(1) an individual other than the individual seeking to
establish parentage is a presumed parent, unless a denial of
parentage by the presumed parent in a signed record, is filed
with the Bureau of Vital Statistics; or
(2) an individual, other than the woman who gave birth
to the child or the individual seeking to establish
parentage, is an acknowledged or adjudicated parent or a
parent under Chapter 97 or 98.
§ 9303. Denial of parentage.
A presumed parent or alleged genetic parent may sign a denial
of parentage in a record. The denial of parentage is valid only
if:
(1) an acknowledgment of parentage by another individual
is filed under section 9305 (relating to effect of
acknowledgment or denial of parentage);
(2) the signature of the presumed parent or alleged
genetic parent is attested by a notarial officer or
witnessed; and
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(3) the presumed parent or alleged genetic parent has
not previously:
(i) completed a valid acknowledgment of parentage,
unless the previous acknowledgment was rescinded under
section 9308 (relating to procedure for rescission) or
challenged successfully under section 9309 (relating to
challenge after expiration of period for rescission); or
(ii) been adjudicated to be a parent of the child.
§ 9304. Rules for acknowledgment or denial or parentage .
(a) General rule.--An acknowledgment of parentage and a
denial of parentage may be contained in a single document or may
be in counterparts and may be filed with the Bureau of Vital
Statistics separately or simultaneously. If filing of the
acknowledgment and denial both are required under this part,
neither is effective until both are filed.
(b) Time period for signing.--An acknowledgment of parentage
or denial of parentage may be signed before or after the birth
of the child.
(c) Effective date.--Subject to subsection (a), an
acknowledgment of parentage or denial of parentage takes effect
on the birth of the child or filing of the document with the
Bureau of Vital Statistics, whichever occurs later.
(d) Validity.--An acknowledgment of parentage or denial of
parentage signed by a minor is valid if the acknowledgment
complies with this part.
§ 9305. Effect of acknowledgment or denial of parentage .
(a) Acknowledgment of parentage.--Except as otherwise
provided in sections 9308 (relating to procedure for rescission)
and 9309 (relating to challenge after expiration of period for
rescission), an acknowledgment of parentage that complies with
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this chapter and is filed with the Bureau of Vital Statistics is
equivalent to an adjudication of parentage of the child and
confers on the acknowledged parent all rights and duties of a
parent.
(b) Denial of parentage.--Except as otherwise provided in
sections 9308 and 9309, a denial of parentage by a presumed
parent or alleged genetic parent which complies with this
chapter and is filed with the Bureau of Vital Statistics with an
acknowledgment of parentage that complies with this chapter is
equivalent to an adjudication of the nonparentage of the
presumed parent or alleged genetic parent and discharges the
presumed parent or alleged genetic parent from all rights and
duties of a parent.
§ 9306. No filing fee .
The Bureau of Vital Statistics may not charge a fee for
filing an acknowledgment of parentage or denial of parentage.
§ 9307. Ratification barred .
A court conducting a judicial proceeding or an administrative
agency conducting an administrative proceeding is not required
or permitted to ratify an unchallenged acknowledgment of
parentage.
§ 9308. Procedure for rescission .
(a) General rule.--A signatory may rescind an acknowledgment
of parentage or denial of parentage by filing with the Bureau of
Vital Statistics a rescission in a signed record which is
attested by a notarial officer or witnessed before the earlier
of:
(1) sixty days after the effective date under section
9304 (relating to rules for acknowledgment or denial of
parentage) of the acknowledgment or denial; or
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(2) the date of the first hearing before a court in a
proceeding, to which the signatory is a party, to adjudicate
an issue relating to the child, including a proceeding that
establishes support.
(b) Associated denial of parentage.--If an acknowledgment of
parentage is rescinded under subsection (a), an associated
denial of parentage is invalid, and the Bureau of Vital
Statistics shall notify the woman who gave birth to the child
and the individual who signed a denial of parentage of the child
that the acknowledgment has been rescinded. Failure to give the
notice required by this subsection does not affect the validity
of the rescission.
§ 9309. Challenge after expiration of period for rescission .
(a) Signatories.--After the period for rescission under
section 9308 (relating to p rocedure for rescission) expires, but
not later than two years after the effective date under section
9304 (relating to rules for acknowledgment or denial of
parentage) of an acknowledgment of parentage or denial of
parentage, a signatory of the acknowledgment or denial may
commence a proceeding to challenge the acknowledgment or denial,
including a challenge brought under section 9614 (relating to
precluding establishment of parentage by perpetrator of sexual
assault), only on the basis of fraud, duress or material mistake
of fact.
(b) Nonsignatories.--A challenge to an acknowledgment of
parentage or denial of parentage by an individual who was not a
signatory to the acknowledgment or denial is governed by section
9310 (relating to procedure for challenge by signatory).
§ 9310. Procedure for challenge by signatory .
(a) Parties.--Every signatory to an acknowledgment of
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parentage and any related denial of parentage must be made a
party to a proceeding to challenge the acknowledgment or denial.
(b) Personal jurisdiction.--By signing an acknowledgment of
parentage or denial of parentage, a signatory submits to
personal jurisdiction in this state in a proceeding to challenge
the acknowledgment or denial, effective on the filing of the
acknowledgment or denial with the Bureau of Vital Statistics.
(c) Suspension of legal responsibilities.--The court may not
suspend the legal responsibilities arising from an
acknowledgment of parentage, including the duty to pay child
support, during the pendency of a proceeding to challenge the
acknowledgment or a related denial of parentage, unless the
party challenging the acknowledgment or denial shows good cause.
(d) Burden of proof.--A party challenging an acknowledgment
of parentage or denial of parentage has the burden of proof.
(e) Order to amend birth record.--If the court determines
that a party has satisfied the burden of proof under subsection
(d), the court shall order the Bureau of Vital Statistics to
amend the birth record of the child to reflect the legal
parentage of the child.
(f) Conduct of proceedings.--A proceeding to challenge an
acknowledgment of parentage or denial of parentage must be
conducted under Chapter 96 (relating to proceeding to adjudicate
parentage).
§ 9311. Full faith and credit .
The court shall give full faith and credit to an
acknowledgment of parentage or denial of parentage effective in
another state if the acknowledgment or denial is in a signed
record and otherwise complies with the law of the other state.
§ 9312. Forms for acknowledgment and denial of parentage .
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(a) Duty to prescribe forms.--The Bureau of Vital Statistics
shall prescribe forms for an acknowledgment of parentage and
denial of parentage.
(b) Effect of later modification.--A valid acknowledgment of
parentage or denial of parentage is not affected by a later
modification of the form under subsection (a).
§ 9313. Release of information .
The Bureau of Vital Statistics may release information
relating to an acknowledgment of parentage or denial of
parentage to a signatory of the acknowledgment or denial, court,
Federal agency and child-support agency of this or another
state.
§ 9314. Adoption of rules .
The Bureau of Vital Statistics may adopt rules to implement
this chapter.
CHAPTER 94
REGISTRY OF PATERNITY
Subchapter
A. General Provisions
B. Operation of Registry
C. Search of Registry
SUBCHAPTER A
GENERAL PROVISIONS
Sec.
9401. Establishment of registry.
9402. Registration for notification.
9403. Notice of proceeding.
9404. Termination of parental rights: child under one year of
age.
9405. Termination of parental rights: child at least one year
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of age.
§ 9401. Establishment of registry.
A registry of paternity is established in the Department of
Health.
§ 9402. Registration for notification.
(a) General rule.--Except as otherwise provided in
subsection (b) or section 9405 (relating to termination of
parental rights: child at least one year of age), a man who
desires to be notified of a proceeding for adoption of or
termination of parental rights regarding his genetic child must
register in the registry of paternity established by section
9401 (relating to establishment of registry) before the birth of
the child or not later than 30 days after the birth.
(b) Exemption from registry.--A man is not required to
register under subsection (a) if:
(1) a parent-child relationship between the man and the
child has been established under this part or the law of this
state other than this part; or
(2) the man commences a proceeding to adjudicate his
parentage before a court has terminated his parental rights.
(c) Duty to notify registry of changes.--A man who registers
under subsection (a) shall notify the registry promptly in a
record of any change in the information registered. The
Department of Health shall incorporate new information received
into its records but need not seek to obtain current information
for incorporation in the registry.
§ 9403. Notice of proceeding.
An individual who seeks to adopt a child or terminate
parental rights to the child shall give notice of the proceeding
to a man who has registered timely under section 9402(a)
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(relating to registration for notification) regarding the child.
Notice must be given in a manner prescribed for service of
process in a civil proceeding in this state.
§ 9404. Termination of parental rights: child under one year of
age.
An individual who seeks to adopt or terminate parental rights
to a child is not required to give notice of the proceeding to a
man who may be the genetic father of the child if:
(1) the child is under one year of age at the time of
the termination of parental rights;
(2) the man did not register timely under section
9402(a) (relating to registration for notification); and
(3) the man is not exempt from registration under
section 9402(b).
§ 9405. Termination of parental rights: child at least one year
of age.
If a child is at least one year of age, an individual seeking
to adopt or terminate parental rights to the child shall give
notice of the proceeding to each alleged genetic father of the
child, whether or not he has registered under section 9402(a)
(relating to registration for notification), unless his parental
rights have already been terminated. Notice must be given in a
manner prescribed for service of process in a civil proceeding
in this state.
SUBCHAPTER B
OPERATION OF REGISTRY
Sec.
9406. Required form.
9407. Furnishing information; confidentiality.
9408. Penalty for releasing information.
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9409. Rescission of registration.
9410. Untimely registration.
9411. Fees for registry.
§ 9406. Required form.
(a) Contents.--The Department of Health shall prescribe a
form for registering under section 9402(a) (relating to
registration for notification). The form must state that:
(1) the man who registers signs the form under penalty
of perjury;
(2) timely registration entitles the man who registers
to notice of a proceeding for adoption of the child or
termination of the parental rights of the man;
(3) timely registration does not commence a proceeding
to establish parentage;
(4) the information disclosed on the form may be used
against the man who registers to establish parentage;
(5) services to assist in establishing parentage are
available to the man who registers through a domestic
relations section of a court or the Department of Health;
(6) the man who registers also may register in a
registry of paternity in another state if conception or birth
of the child occurred in the other state;
(7) information on registries of paternity of other
states is available from the Department of Health; and
(8) procedures exist to rescind the registration.
(b) Penalty.--A man who registers under section 9402(a)
shall sign the form described in subsection (a) under penalty of
perjury.
§ 9407. Furnishing information; confidentiality.
(a) Duty of Department of Health.--The Department of Health
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is not required to seek to locate the woman who gave birth to
the child who is the subject of a registration under section
9402(a) (relating to registration for notification), but the
Department of Health shall give notice of the registration to
the woman if the Department of Health has her address.
(b) Access to confidential information.--Information
contained in the registry of paternity established by section
9401 (relating to establishment of registry) is confidential and
may be released on request only to:
(1) a court or individual designated by the court;
(2) the woman who gave birth to the child who is the
subject of the registration;
(3) an agency authorized by Federal law, the law of this
state other than this part or the law of another state to
receive the information;
(4) a licensed child-placing agency;
(5) a child-support agency;
(6) a party or the party's attorney of record in a
proceeding under this part or in a proceeding to adopt or
terminate parental rights to the child who is the subject of
the registration; and
(7) a registry of paternity in another state.
§ 9408. Penalty for releasing information.
An individual who intentionally releases information from the
registry of paternity established by section 9401 (relating to
establishment of registry) to an individual or agency not
authorized under section 9407(b) (relating to furnishing
information; confidentiality) to receive the information commits
a misdemeanor of the third degree.
§ 9409. Rescission of registration .
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A man who registers under section 9402(a) (relating to
registration for notification) may rescind his registration at
any time by filing with the registry of paternity established by
section 9401 (relating to establishment of registry) a
rescission in a signed record that is attested by a notarial
officer or witnessed.
§ 9410. Untimely registration .
If a man registers under section 9402(a) (relating to
registration for notification) more than 30 days after the birth
of the child, the Department of Health shall notify the man who
registers that, based on a review of the registration, the
registration was not filed timely.
§ 9411. Fees for registry .
(a) Registration fee prohibited.--The Department of Health
may not charge a fee for filing a registration under section
9402(a) (relating to registration for notification) or
rescission of registration under section 9409 (relating to
r escission of registration) .
(b) Search and certification fees permitted.--Except as
otherwise provided in subsection (c), the Department of Health
may charge a reasonable fee to search the registry of paternity
established by section 9401 (relating to establishment of
registry) and for furnishing a certificate of search under
section 9414 (relating to certificate of search of registry).
(c) Exemption.--The domestic relations section of a court is
not required to pay a fee authorized by subsection (b).
SUBCHAPTER C
SEARCH OF REGISTRY
Sec.
9412. Child born through assisted reproduction: search of
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registry inapplicable.
9413. Search of appropriate registry.
9414. Certificate of search of registry.
9415. Admissibility of registered information.
§ 9412. Child born through assisted reproduction: search of
registry inapplicable.
This subchapter does not apply to a child born through
assisted reproduction.
§ 9413. Search of appropriate registry.
If a parent-child relationship has not been established under
this part between a child who is under one year of age and an
individual other than the woman who gave birth to the child:
(1) an individual seeking to adopt or terminate parental
rights to the child shall obtain a certificate of search
under section 9414 (relating to certificate of search of
registry) to determine if a registration has been filed in
the registry of paternity established by section 9401
(relating to establishment of registry) regarding the child;
and
(2) if the individual has reason to believe that
conception or birth of the child may have occurred in another
state, the individual shall obtain a certificate of search
from the registry of paternity, if any, in that state.
§ 9414. Certificate of search of registry.
(a) Duty to furnish.--The Department of Health shall furnish
a certificate of search of the registry of paternity established
by section 9401 (relating to establishment of registry) on
request to an individual, court or agency identified in section
9407(b) (relating to furnishing information; confidentiality) or
an individual required under section 9413(1) (relating to search
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of appropriate registry) to obtain a certificate.
(b) Contents of certificate.--A certificate furnished under
subsection (a):
(1) must be signed on behalf of the Department of Health
and state that:
(i) a search has been made of the registry; and
(ii) a registration under section 9402(a) (relating
to registration for notification) containing the
information required to identify the man who registers:
(A) has been found; or
(B) has not been found; and
(2) if paragraph (1)(ii)(A) applies, must have a copy of
the registration attached.
(c) Individuals required to file certificate.--An individual
seeking to adopt or terminate parental rights to a child must
file with the court the certificate of search furnished under
subsection (a) and section 9413(2) (relating to search of
appropriate registry), if applicable, before a proceeding to
adopt or terminate parental rights to the child may be
concluded.
§ 9415. Admissibility of registered information.
A certificate of search of a registry of paternity in this or
another state is admissible in a proceeding for adoption of or
termination of parental rights to a child and, if relevant, in
other legal proceedings.
CHAPTER 95
GENETIC TESTING
Sec.
9501. Definitions.
9502. Scope of chapter; limitation on use of genetic testing.
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9503. Authority to order or deny genetic testing.
9504. Requirements for genetic testing.
9505. Report of genetic testing.
9506. Genetic testing results; challenge to results.
9507. Cost of genetic testing.
9508. Additional genetic testing.
9509. Genetic testing when specimen not available.
9510. Deceased individual.
9511. Identical siblings.
9512. Confidentiality of genetic testing.
§ 9501. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Combined relationship index." The product of all tested
relationship indices.
"Ethnic or racial group." For the purpose of genetic
testing, a recognized group that an individual identifies as the
individual's ancestry or part of the ancestry or that is
identified by other information.
"Hypothesized genetic relationship." An asserted genetic
relationship between an individual and a child.
"Probability of parentage." For the ethnic or racial group
to which an individual alleged to be a parent belongs, the
probability that a hypothesized genetic relationship is
supported, compared to the probability that a genetic
relationship is supported between the child and a random
individual of the ethnic or racial group used in the
hypothesized genetic relationship, expressed as a percentage
incorporating the combined relationship index and a prior
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probability.
"Relationship index." A likelihood ratio that compares the
probability of a genetic marker given a hypothesized genetic
relationship and the probability of the genetic marker given a
genetic relationship between the child and a random individual
of the ethnic or racial group used in the hypothesized genetic
relationship.
§ 9502. Scope of chapter; limitation on use of genetic testing.
(a) General rule.--This chapter governs genetic testing of
an individual in a proceeding to adjudicate parentage, whether
the individual:
(1) voluntarily submits to testing; or
(2) is tested under an order of the court or a child-
support agency.
(b) Prohibited uses.--Genetic testing may not be used:
(1) to challenge the parentage of an individual who is a
parent under Chapter 97 (relating to assisted reproduction)
or 98 (relating to surrogacy agreement); or
(2) to establish the parentage of an individual who is a
donor.
§ 9503. Authority to order or deny genetic testing.
(a) General rule.--Except as otherwise provided in this
chapter or Chapter 96 (relating to proceeding to adjudicate
parentage), in a proceeding under this part to determine
parentage, the court shall order the child and any other
individual to submit to genetic testing if a request for testing
is supported by the sworn statement of a party:
(1) alleging a reasonable possibility that the
individual is the child's genetic parent; or
(2) denying genetic parentage of the child and stating
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facts establishing a reasonable possibility that the
individual is not a genetic parent.
(b) When permitted.--The domestic relations section of a
court may order genetic testing only if there is no presumed,
acknowledged or adjudicated parent of a child other than the
woman who gave birth to the child.
(c) In utero genetic testing prohibited.--The court or
child-support agency may not order in utero genetic testing.
(d) Multiple individuals.--If two or more individuals are
subject to court-ordered genetic testing, the court may order
that testing be completed concurrently or sequentially.
(e) Women subject to genetic testing.--Genetic testing of a
woman who gave birth to a child is not a condition precedent to
testing of the child and an individual whose genetic parentage
of the child is being determined. If the woman is unavailable or
declines to submit to genetic testing, the court may order
genetic testing of the child and each individual whose genetic
parentage of the child is being adjudicated.
(f) Discretion to deny motion.--In a proceeding to
adjudicate the parentage of a child having a presumed parent or
an individual who claims to be a parent under section 9609
(relating to adjudicating claim of de facto parentage of child),
or to challenge an acknowledgment of parentage, the court may
deny a motion for genetic testing of the child and any other
individual after considering the factors in section 9613(a) and
(b) (relating to adjudicating competing claims of parentage).
(g) Conditions requiring denial of motion.--If an individual
requesting genetic testing is barred under Chapter 96 from
establishing the individual's parentage, the court shall deny
the request for genetic testing.
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(h) Enforcement.--An order under this section for genetic
testing is enforceable by contempt.
§ 9504. Requirements for genetic testing .
(a) Types authorized.--Genetic testing must be of a type
reasonably relied on by experts in the field of genetic testing
and performed in a testing laboratory accredited by:
(1) the AABB, formerly known as the American Association
of Blood Banks, or a successor to its functions; or
(2) an accrediting body designated by the Secretary of
the United States Department of Health and Human Services.
(b) Specimens.--A specimen used in genetic testing may
consist of a sample or a combination of samples of blood, buccal
cells, bone, hair or other body tissue or fluid. The specimen
used in the testing need not be of the same kind for each
individual undergoing genetic testing.
(c) Calculation of relationship index.--Based on the ethnic
or racial group of an individual undergoing genetic testing, a
testing laboratory shall determine the databases from which to
select frequencies for use in calculating a relationship index.
If an individual or a child-support agency objects to the
laboratory's choice, the following rules apply:
(1) Not later than 30 days after receipt of the report
of the test, the objecting individual or child-support agency
may request the court to require the laboratory to
recalculate the relationship index using an ethnic or racial
group different from that used by the laboratory.
(2) The individual or the child-support agency objecting
to the laboratory's choice under this subsection shall:
(i) if the requested frequencies are not available
to the laboratory for the ethnic or racial group
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requested, provide the requested frequencies compiled in
a manner recognized by accrediting bodies; or
(ii) engage another laboratory to perform the
calculations.
(3) The laboratory may use its own statistical estimate
if there is a question of which ethnic or racial group is
appropriate. The laboratory shall calculate the frequencies
using statistics, if available, for any other ethnic or
racial group requested.
(d) Discretion to require additional genetic testing.--If,
after recalculation of the relationship index under subsection
(c) using a different ethnic or racial group, genetic testing
under section 9506 (relating to genetic testing results;
challenge to results) does not identify an individual as a
genetic parent of a child, the court may require an individual
who has been tested to submit to additional genetic testing to
identify a genetic parent.
§ 9505. Report of genetic testing .
(a) Requirements.--A report of genetic testing must be in a
record and signed under penalty of perjury by a designee of the
testing laboratory. A report complying with the requirements of
this chapter is self-authenticating.
(b) Admissibility of documentation.--Documentation from a
testing laboratory of the following information is sufficient to
establish a reliable chain of custody and allow the results of
genetic testing to be admissible without testimony:
(1) the name and photograph of each individual whose
specimen has been taken;
(2) the name of the individual who collected each
specimen;
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(3) the place and date each specimen was collected;
(4) the name of the individual who received each
specimen in the testing laboratory; and
(5) the date each specimen was received.
§ 9506. Genetic testing results; challenge to results .
(a) General rule.--Subject to a challenge under subsection
(b), an individual is identified under this part as a genetic
parent of a child if genetic testing complies with this chapter
and the results of the testing disclose:
(1) the individual has at least a 99% probability of
parentage, using a prior probability of 0.50, as calculated
by using the combined relationship index obtained in the
testing; and
(2) a combined relationship index of at least 100 to 1.
(b) When challenge permitted.--An individual identified
under subsection (a) as a genetic parent of the child may
challenge the genetic testing results only by other genetic
testing satisfying the requirements of this chapter which:
(1) excludes the individual as a genetic parent of the
child; or
(2) identifies another individual as a possible genetic
parent of the child other than:
(i) the woman who gave birth to the child; or
(ii) the individual identified under subsection (a).
(c) Discretion to require further genetic testing.--Except
as otherwise provided in section 9511 (relating to identical
siblings), if more than one individual other than the woman who
gave birth is identified by genetic testing as a possible
genetic parent of the child, the court shall order each
individual to submit to further genetic testing to identify a
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genetic parent.
§ 9507. Cost of genetic testing .
(a) General rule.--Subject to assessment of fees under
Chapter 96 (relating to proceeding to adjudicate parentage),
payment of the cost of initial genetic testing must be made in
advance:
(1) by a child-support agency in a proceeding in which
the domestic relations section of a court provides services;
(2) by the individual who made the request for genetic
testing;
(3) as agreed by the parties; or
(4) as ordered by the court.
(b) Reimbursement authorized.--If the cost of genetic
testing is paid by the domestic relations section of a court,
the domestic relations section may seek reimbursement from the
genetic parent whose parent-child relationship is established.
§ 9508. Additional genetic testing .
The court or domestic relations section of a court shall
order additional genetic testing on request of an individual who
contests the result of the initial testing under section 9506
(relating to g enetic testing results; challenge to results) . If
initial genetic testing under section 9506 identifies an
individual as a genetic parent of the child, the court or agency
may not order additional testing unless the contesting
individual pays for the testing in advance.
§ 9509. Genetic testing when specimen not available .
(a) Individuals subject to.--Subject to subsection (b), if a
genetic testing specimen is not available from an alleged
genetic parent of a child, an individual seeking genetic testing
demonstrates good cause and the court finds that the
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circumstances are just, the court may order any of the following
individuals to submit specimens for genetic testing:
(1) a parent of the alleged genetic parent;
(2) a sibling of the alleged genetic parent;
(3) another child of the alleged genetic parent and the
woman who gave birth to the other child; and
(4) another relative of the alleged genetic parent
necessary to complete genetic testing.
(b) Balancing test.--To issue an order under this section,
the court must find that a need for genetic testing outweighs
the legitimate interests of the individual sought to be tested.
§ 9510. Deceased individual .
If an individual seeking genetic testing demonstrates good
cause, the court may order genetic testing of a deceased
individual.
§ 9511. Identical siblings .
(a) General rule.--If the court finds there is reason to
believe that an alleged genetic parent has an identical sibling
and evidence that the sibling may be a genetic parent of the
child, the court may order genetic testing of the sibling.
(b) Nongenetic evidence.--If more than one sibling is
identified under section 9506 (relating to g enetic testing
results; challenge to results) as a genetic parent of the child,
the court may rely on nongenetic evidence to adjudicate which
sibling is a genetic parent of the child.
§ 9512. Confidentiality of genetic testing .
(a) General rule.--Release of a report of genetic testing
for parentage is controlled by the law of this state other than
this part.
(b) Penalty.--An individual who intentionally releases an
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identifiable specimen of another individual collected for
genetic testing under this chapter for a purpose not relevant to
a proceeding regarding parentage, without a court order or
written permission of the individual who furnished the specimen,
commits a misdemeanor of the third degree.
CHAPTER 96
PROCEEDING TO ADJUDICATE PARENTAGE
Subchapter
A. Nature of Proceeding
B. Special Rules for Proceeding to Adjudicate Parentage
C. Hearing and Adjudication
SUBCHAPTER A
NATURE OF PROCEEDING
Sec.
9601. Proceeding authorized.
9602. Standing to maintain proceeding.
9603. Notice of proceeding.
9604. Personal jurisdiction.
9605. Venue.
§ 9601. Proceeding authorized.
(a) General rule.--A proceeding may be commenced to
adjudicate the parentage of a child. Except as otherwise
provided in this part, the proceeding is governed by the
Pennsylvania Rules of Civil Procedure.
(b) Exception.--A proceeding to adjudicate the parentage of
a child born under a surrogacy agreement is governed by Chapter
98 (relating to surrogacy agreement).
§ 9602. Standing to maintain proceeding.
Except as otherwise provided in Chapter 93 (relating to
voluntary acknowledgment of parentage) and sections 9608
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(relating to adjudicating parentage of child with presumed
parent), 9609 (relating to adjudicating claim of de facto
parentage of child), 9610 (relating to adjudicating parentage of
child with acknowledged parent) and 9611 (relating to
adjudicating parentage of child with adjudicated parent), a
proceeding to adjudicate parentage may be maintained by:
(1) the child;
(2) the woman who gave birth to the child, unless a
court has adjudicated that she is not a parent;
(3) an individual who is a parent under this part;
(4) an individual whose parentage of the child is to be
adjudicated;
(5) the domestic relations section of a court;
(6) an adoption agency authorized by the law of this
state other than this part or licensed child-placement
agency; or
(7) a representative authorized by the law the of this
state other than this part to act for an individual who
otherwise would be entitled to maintain a proceeding but is
deceased, incapacitated or a minor.
§ 9603. Notice of proceeding .
(a) Individuals entitled to notice.--The petitioner shall
give notice of a proceeding to adjudicate parentage to the
following individuals:
(1) the woman who gave birth to the child, unless a
court has adjudicated that she is not a parent;
(2) an individual who is a parent of the child under
this part;
(3) a presumed, acknowledged or adjudicated parent of
the child; and
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(4) an individual whose parentage of the child will be
adjudicated.
(b) Right to intervene.--An individual entitled to notice
under subsection (a) has a right to intervene in the proceeding.
(c) Effect of lack of notice.--Lack of notice required by
subsection (a) does not render a judgment void. Lack of notice
does not preclude an individual entitled to notice under
subsection (a) from bringing a proceeding under section 9611(b)
(relating to adjudicating parentage of child with adjudicated
parent).
§ 9604. Personal jurisdiction .
(a) General rule.--The court may adjudicate an individual's
parentage of a child only if the court has personal jurisdiction
over the individual.
(b) Nonresidents, guardians and conservators.--A court of
this state with jurisdiction to adjudicate parentage may
exercise personal jurisdiction over a nonresident individual, or
the guardian or conservator of the individual, if the conditions
prescribed in section 7201 (relating to bases for jurisdiction
over nonresident) are satisfied.
(c) Multiple individuals.--Lack of jurisdiction over one
individual does not preclude the court from making an
adjudication of parentage binding on another individual.
§ 9605. Venue .
Venue for a proceeding to adjudicate parentage is in the
county of this state in which:
(1) the child resides or is located;
(2) if the child does not reside in this state, the
respondent resides or is located; or
(3) a proceeding has been commenced for administration
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of the estate of an individual who is or may be a parent
under this part.
SUBCHAPTER B
SPECIAL RULES FOR PROCEEDING TO ADJUDICATE PARENTAGE
Sec.
9606. Admissibility of results of genetic testing.
9607. Adjudicating parentage of child with alleged genetic
parent.
9608. Adjudicating parentage of child with presumed parent.
9609. Adjudicating claim of de facto parentage of child.
9610. Adjudicating parentage of child with acknowledged parent.
9611. Adjudicating parentage of child with adjudicated parent.
9612. Adjudicating parentage of child of assisted reproduction.
9613. Adjudicating competing claims of parentage.
9614. Precluding establishment of parentage by perpetrator of
sexual assault.
§ 9606. Admissibility of results of genetic testing.
(a) General rule.--Except as otherwise provided in section
9502(b) (relating to scope of chapter; limitation on use of
genetic testing), the court shall admit a report of genetic
testing ordered by the court under section 9503 (relating to
authority to order or deny genetic testing) as evidence of the
truth of the facts asserted in the report.
(b) Objection.--A party may object to the admission of a
report described in subsection (a) not later than 14 days after
the party receives the report. The party shall cite specific
grounds for exclusion.
(c) Expert testimony.--A party that objects to the results
of genetic testing may call a genetic testing expert to testify
in person or by another method approved by the court. Unless the
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