reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 11 - Preliminary Provisions › Section 1105 - Fees

§ 1105. Fees.
(a) General rule.--
The fee to be charged for issuing a marriage license or declaration and for returns thereof to the department shall be $3 of which $2.50 shall be retained by the county wherein the license is issued and 50¢ shall be remitted to the Commonwealth.
(b) Transmitting Commonwealth moneys.--
All moneys collected under this section for the Commonwealth shall be transmitted to the State Treasurer no later than the tenth day of the following month.
Fees.
Section 19 of the Marriage Law from which this section was derived was repealed December 19, 1990, P.L.1240, No.206, and amended December 20, 1990, P.L.1471, No.222, and that section remains effective under 1 Pa.C.S. § 1952 (relating to effect of separate amendments on code provisions enacted by same General Assembly) as a result of the 1990 amendment.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 11 - Preliminary Provisions › Section 1106 - Records and statistics

§ 1106. Records and statistics.
(a) Filing transcript or record.--
The county shall furnish the department, not later than the 15th day of each month, with a transcript or record of each marriage license issued and each return of the celebration of a marriage received or filed during the preceding calendar month.
(b) Forms.--
The transcripts or records required to be furnished shall be made on forms prepared and furnished by the department and shall contain such information as the department may require.
(c) Confidentiality.--
The records furnished to the department under this section shall not be open to public inspection except as authorized by the regulations of the Advisory Health Board.
(d) Statistics.--
The department shall from time to time compile and publish statistics derived from records furnished under this section.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1301 - Marriage license required

§ 1301. Marriage license required.
(a) General rule.--
No person shall be joined in marriage in this Commonwealth until a marriage license has been obtained.
(b) Place of marriage ceremony.--
A license issued under this part shall authorize a marriage ceremony to be performed in any county of this Commonwealth.
(c) Identity of applicants.--
Prior to issuance of the license, the person issuing the license must be satisfied as to the identity of both of the applicants.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1302 - Application for license

§ 1302. Application for license.
(a) General rule.--
No marriage license shall be issued except upon written and verified application made by both of the parties intending to marry.
(b) Contents.--
The application shall contain the following:
(1) The full name of the applicants.
(2) The occupation, birthplace, residence and age of the applicants. An applicant intending to marry who is a program participant in the Address Confidentiality Program under Chapter 67 (relating to domestic and sexual violence victim address confidentiality) may use the substitute address designated by the Office of Victim Advocate pursuant to Chapter 67 as the address of their residence.
(3) Whether the marriage contemplated is the first, second or other marriage of an applicant.
(4) A statement that neither of the applicants is afflicted with transmissible disease.
(5) The full name, residence, occupation and birthplace of the parents of each applicant, including the maiden name of the mother of each applicant. An applicant may use the substitute address designated by the Office of Victim Advocate pursuant to Chapter 67 for a parent's residence if:
(i) the applicant is a program participant in the Address Confidentiality Program under Chapter 67 and the applicant resides with the applicant's parents; or
(ii) the applicant's parent is a program participant in the Address Confidentiality Program under Chapter 67.
(6) Any other facts necessary to determine whether a legal impediment to the proposed marriage exists.
(Dec. 22, 1993, P.L.555, No.79, eff. 60 days; Nov. 30, 2004, P.L.1474, No.188, eff. 180 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1303 - Waiting period after application

§ 1303. Waiting period after application.
(a) General rule.--
No marriage license shall be issued prior to the third day following the making of application therefor.
(b) Exceptions.--
The court may authorize a license to be issued at any time after the making of the application in the following cases:
(1) In case of emergency or extraordinary circumstances.
(2) If an applicant is a member of the Pennsylvania National Guard or other reserve component of the armed forces of the United States and is called or ordered to active duty with the armed forces of the United States.
(Nov. 23, 2004, P.L.954, No.144, eff. 60 days)
Cross References.
Section 1303 is referred to in section 1307 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1304 - Restrictions on issuance of license

§ 1304. Restrictions on issuance of license.
(a) Examinations and tests for syphilis.--
(Repealed).
(b) Minors.--
(1) No marriage license may be issued if either of the applicants for a license is under 18 years of age.
(2) (Deleted by amendment).
(c) Incompetent persons.--
No marriage license may be issued if either of the applicants for a license is weak minded, insane, of unsound mind or is under guardianship as a person of unsound mind unless the court decides that it is for the best interest of the applicant and the general public to issue the license and authorizes the issuance of the license.
(d) Persons under influence of alcohol or drugs.--
No marriage license may be issued if, at the time of making application, either of the applicants is under the influence of alcohol or drugs.
(e) Marriage to relatives.--
No marriage license may be issued to applicants within the prohibited degrees of consanguinity which are as follows:
A man may not marry his mother.
A man may not marry the sister of his father.
A man may not marry the sister of his mother.
A man may not marry his sister.
A man may not marry his daughter.
A man may not marry the daughter of his son or daughter.
A man may not marry his first cousin.
A woman may not marry her father.
A woman may not marry the brother of her father.
A woman may not marry the brother of her mother.
A woman may not marry her brother.
A woman may not marry her son.
A woman may not marry the son of her son or daughter.
A woman may not marry her first cousin.
(Dec. 22, 1993, P.L.555, No.79, eff. 60 days; June 25, 1997, P.L.331, No.35, eff. imd.; May 8, 2020, P.L.121, No.18, eff. 60 days)
2020 Amendment.
Act 18 amended subsec. (b).
1997 Repeal.
Act 35 repealed subsec. (a).
1993 Amendment.
Act 79 amended subsec. (b).
Cross References.
Section 1304 is referred to in sections 1306, 3304 of this title; section 1201 of Title 4 (Amusements); section 8204 of Title 74 (Transportation).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1305 - Examination and tests for syphilis (Repealed)

§ 1305. Examination and tests for syphilis (Repealed).
1997 Repeal.
Section 1305 was repealed June 25, 1997, P.L.331, No.35, effective immediately.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1306 - Oral examination

§ 1306. Oral examination.
(a) General rule.--
Each of the applicants for a marriage license shall appear in person and shall be examined under oath or affirmation as to:
(1) The legality of the contemplated marriage.
(2) Any prior marriage or marriages and its or their dissolution.
(3) The restrictions set forth in section 1304 (relating to restrictions on issuance of license).
(4) All the information required to be furnished on the application for license as prepared and approved by the department.
(b) Exception.--
If an applicant is unable to appear in person because of his active military service or because the office of the register of wills is closed due to a state of disaster emergency declared by the Governor under 35 Pa.C.S. § 7301(c) (relating to general authority of Governor) or a declaration of judicial emergency under Article V of the Constitution of Pennsylvania, a law of this Commonwealth, a rule of court or other judicial order by the Supreme Court or any agency or unit of the unified judicial system exercising a power or performing a duty under 42 Pa.C.S. § 1721 (relating to delegation of powers), the applicant shall be permitted to forward an affidavit, which verifies all of the information required under subsection (a), to the issuing authority.
(c) Form.--
The department shall develop and make available affidavit forms to be used by applicants under subsection (b).
(d) Definition.--
As used in this section, the term "active military service" means active service in any of the armed services or forces of the United States or this Commonwealth.
(Oct. 27, 2006, P.L.1192, No.126, eff. 60 days; May 8, 2020, P.L.121, No.18, eff. imd.)
2020 Amendment.
Act 18 amended subsec. (b). Section 3(1) of Act 18 provided that the amendment of subsec. (b) shall be retroactive to March 18, 2020.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1307 - Issuance of license

§ 1307. Issuance of license.
The marriage license shall be issued if it appears from properly completed applications on behalf of each of the parties to the proposed marriage that there is no legal objection to the marriage. Except as provided by section 1303(b) (relating to waiting period after application), the license shall not be issued prior to the third day following the date of the most recent of the two applications therefor.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1308 - Judicial review of refusal to issue license

§ 1308. Judicial review of refusal to issue license.
(a) Certifying proceedings to court.--
If the issuance of a marriage license is refused, upon request of the applicants, the proceedings shall immediately be certified to the court without formality or expense to the applicants.
(b) Prompt hearing.--
The application for a marriage license shall be heard by a judge of the court, without a jury, in court or in chambers at the earliest possible time.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 13 - Marriage License › Section 1310 - Duration and form of license

§ 1310. Duration and form of license.
The marriage license shall not be valid for a longer period than 60 days from the date of issue and shall be in substantially the following form:
Commonwealth of Pennsylvania
ss:
No. ‌
County of (name)
To any person authorized by law to solemnize marriage:
You are hereby authorized to join together in holy state of matrimony, according to the laws of the Commonwealth of Pennsylvania, (name) and (name).
Given under my hand and seal of the Court of Common Pleas of (name), at (city, borough or town), on (date).
Signed ‌
(Official Title)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 15 - Marriage Ceremony › Section 1501 - Form of marriage certificates

§ 1501. Form of marriage certificates.
The marriage license shall have appended to it two certificates, numbered to correspond with the license (one marked original and one marked duplicate), which shall be in substantially the following form:
I hereby certify that on (date), at (city, borough or town), Pennsylvania, (name) and (name) were by me united in marriage, in accordance with license issued by the Court of Common Pleas of (name) numbered
Signed
(Title of person solemnizing marriage)
Address
Cross References.
Section 1501 is referred to in section 1502 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 15 - Marriage Ceremony › Section 1502 - Forms where parties perform ceremony

§ 1502. Forms where parties perform ceremony.
(a) Declaration of authorization.--
In all cases in which the parties intend to solemnize their marriage by religious ceremony without officiating clergy, the marriage shall not take place until their right so to do is certified in a declaration in substantially the following form:
Commonwealth of Pennsylvania
ss:
No. ‌
County of (name)
To (name) and (name)
Legal evidence having been furnished to me, in accordance with law, this certifies that I am satisfied that there is no legal impediment to you joining yourselves together in marriage.
Signed ‌
(Official Title)
(b) Marriage certificates.--
In lieu of the certificate set forth in section 1501 (relating to form of marriage certificates), there shall be appended to the declaration two certificates, numbered to correspond to the declaration, in the following form:
We hereby certify that on (date), we united ourselves in marriage, at (city, borough or town), County of (name), Pennsylvania, having first obtained from the Court of Common Pleas of (name) a declaration numbered that the court was satisfied that there was no existing legal impediment to our so doing.
Signed ‌
Signed ‌
We, the undersigned, were present at the solemnization of the marriage of (name) and (name), as set forth in the foregoing certificate.
Signed ‌
Signed ‌
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 15 - Marriage Ceremony › Section 1504 - Returns of marriages

§ 1504. Returns of marriages.
(a) General rule.--
The original marriage certificate shall be signed by the person solemnizing the marriage and given to the parties contracting the marriage. The duplicate certificate shall be signed by the person or by a member of the religious society, institution or organization solemnizing the marriage and returned for recording within ten days to the court which issued the license.
(b) Marriage performed by parties.--
If the marriage was solemnized by the parties themselves, the original certificate shall be signed by the parties to the marriage, attested by two witnesses and retained by the parties contracting the marriage. The duplicate certificate shall be signed by the parties to the marriage, attested by the same two witnesses and returned for recording within ten days to the court issuing the license.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 17 - Miscellaneous Provisions Relating to Marriage › Section 1701 - Decree that spouse of applicant is presumed decedent

§ 1701. Decree that spouse of applicant is presumed decedent.
(a) Finding of death.--
When the spouse of an applicant for a marriage license has disappeared or is absent from the place of residence of the spouse without being heard of after diligent inquiry, the court, aided by the report of a master if necessary, upon petition of the applicant for a marriage license, may make a finding and decree that the absentee is dead and the date of death if notice to the absentee has been given as provided in subsection (d) and either of the applicants is and for one year or more prior to the application has been a resident of this Commonwealth.
(b) Presumption from absence.--
When the death of the spouse of an applicant for a marriage license is in issue, the unexplained absence from the last known place of residence and the fact that the absentee has been unheard of for seven years may be sufficient ground for finding that the absentee died seven years after the absentee was last heard from.
(c) Exposure to specific peril.--
The fact that an absentee spouse was exposed to a specific peril of death may be a sufficient ground for finding that the absentee died less than seven years after the absentee was last heard from.
(d) Notice to absentee.--
The court may require advertisement in any newspapers as the court, according to the circumstances of the case, deems advisable of the fact of the application for the marriage license, together with notice that, at a specified time and place, the court or a master appointed by the court will hear evidence concerning the alleged absence, including the circumstances and duration thereof.
(e) Remarriage after decree of presumed death.--
Even though the absentee spouse declared to be presumed dead is in fact alive, the remarriage of the spouse who has obtained a license to marry and a decree of presumed death of the former spouse shall be valid for all purposes as though the former marriage had been terminated by divorce, and all property of the presumed decedent shall be administered and disposed of as provided by Title 20 (relating to decedents, estates and fiduciaries).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 17 - Miscellaneous Provisions Relating to Marriage › Section 1702 - Marriage during existence of former marriage

§ 1702. Marriage during existence of former marriage.
(a) General rule.--
If a married person, during the lifetime of the other person with whom the marriage is in force, enters into a subsequent marriage pursuant to the requirements of this part and the parties to the marriage live together thereafter as husband and wife, and the subsequent marriage was entered into by one or both of the parties in good faith in the full belief that the former spouse was dead or that the former marriage has been annulled or terminated by a divorce, or without knowledge of the former marriage, they shall, after the impediment to their marriage has been removed by the death of the other party to the former marriage or by annulment or divorce, if they continue to live together as husband and wife in good faith on the part of one of them, be held to have been legally married from and immediately after the date of death or the date of the decree of annulment or divorce.
(b) False rumor of death of spouse.--
Where a remarriage has occurred upon false rumor of the death of a former spouse in appearance well-founded but there has been no decree of presumed death, the remarriage shall be void and subject to annulment by either party to the remarriage as provided by section 3304 (relating to grounds for annulment of void marriages), and the returning spouse shall have cause for divorce as provided in section 3301 (relating to grounds for divorce).
(c) Criminal penalties.--
Where the remarriage was entered into in good faith, neither party to the remarriage shall be subject to criminal prosecution for bigamy.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 17 - Miscellaneous Provisions Relating to Marriage › Section 1703 - Marriage within degree of consanguinity

§ 1703. Marriage within degree of consanguinity.
All marriages within the prohibited degrees of consanguinity as set forth in this part are voidable, but, when any of these marriages have not been dissolved during the lifetime of the parties, the unlawfulness of the marriage shall not be inquired into after the death of either of the parties to the marriage.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 17 - Miscellaneous Provisions Relating to Marriage › Section 1704 - Marriage between persons of the same sex

§ 1704. Marriage between persons of the same sex.
It is hereby declared to be the strong and longstanding public policy of this Commonwealth that marriage shall be between one man and one woman. A marriage between persons of the same sex which was entered into in another state or foreign jurisdiction, even if valid where entered into, shall be void in this Commonwealth.
(Oct. 16, 1996, P.L.706, No.124, eff. 60 days)
1996 Amendment.
Act 124 added section 1704.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 19 - Abolition of Actions for Alienation of Affections and Breach of Promise to Marry › Section 1901 - Actions for alienation of affections abolished

§ 1901. Actions for alienation of affections abolished.
(a) General rule.--
All civil causes of action for alienation of affections of husband or wife are abolished.
(b) Exception.--
Subsection (a) does not apply to cases where the defendant is a parent, brother or sister or a person formerly in loco parentis to the spouse of plaintiff.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 19 - Abolition of Actions for Alienation of Affections and Breach of Promise to Marry › Section 1903 - Purpose of chapter

§ 1903. Purpose of chapter.
(a) General rule.--
No act done within this Commonwealth shall give rise, either within or without this Commonwealth, to a cause of action abolished by this chapter.
(b) Contract to marry.--
No contract to marry which is made within this Commonwealth shall give rise, either within or without this Commonwealth, to a cause of action for breach of the contract.
(c) Intention of section.--
It is the intention of this section to fix the effect, status and character of such acts and contracts and to render them ineffective to support or give rise to any such causes of action, either within or without this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 19 - Abolition of Actions for Alienation of Affections and Breach of Promise to Marry › Section 1904 - Filing or threatening to file actions prohibited

§ 1904. Filing or threatening to file actions prohibited.
It is unlawful for a person, either as litigant or attorney, to file, cause to be filed, threaten to file or threaten to cause to be filed in a court in this Commonwealth any pleading or paper setting forth or seeking to recover upon any cause of action abolished or barred by this chapter whether the cause of action arose within or without this Commonwealth.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 19 - Abolition of Actions for Alienation of Affections and Breach of Promise to Marry › Section 1905 - Instruments executed in satisfaction of abolished claims prohibited

§ 1905. Instruments executed in satisfaction of abolished claims prohibited.
(a) Contracts and instruments void.--
All contracts and instruments of every kind executed within this Commonwealth in payment, satisfaction, settlement or compromise of any claim or cause of action abolished or barred by this chapter, whether the claim or cause of action arose within or without this Commonwealth, are contrary to the public policy of this Commonwealth and void.
(b) Execution and use prohibited.--
It is unlawful to cause, induce or procure a person to execute a contract or instrument proscribed by this chapter, or cause, induce or procure a person to give, pay, transfer or deliver any money or thing of value in payment, satisfaction, settlement or compromise of any such claim or cause of action, or to receive, take or accept any such money or thing of value in such payment, satisfaction, settlement or compromise.
(c) Actions to enforce prohibited.--
It is unlawful to commence or cause to be commenced, either as litigant or attorney, in a court of this Commonwealth any proceeding or action seeking to enforce or recover upon a contract or instrument proscribed by this chapter, knowing it to be such, whether the contract or instrument was executed within or without this Commonwealth.
(d) Exceptions.--
This section does not apply to the payment, satisfaction, settlement or compromise of any causes of action which are not abolished or barred by this chapter or to the bona fide holder in due course of a negotiable instrument.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 21 - Preliminary Provisions › Section 2102 - Definitions

§ 2102. Definitions.
The following words and phrases when used in this part shall have, unless the context clearly indicates otherwise, the meanings given to them in this section:
"Adoptee."
An individual proposed to be adopted.
"Agency."
Any incorporated or unincorporated organization, society, institution or other entity, public or voluntary, which may receive or provide for the care of children, supervised by the Department of Public Welfare and providing adoption services in accordance with standards established by the department.
"Clerk."
The clerk of the division of the court of common pleas having jurisdiction over voluntary relinquishment, involuntary termination and adoption proceedings.
"Court."
The court of common pleas.
"Intermediary."
Any person or persons or agency acting between the parent or parents and the proposed adoptive parent or parents in arranging an adoption placement.
"Medical history information."
Medical records and other information concerning an adoptee or an adoptee's natural family which is relevant to the adoptee's present or future health care or medical treatment. The term includes:
(1) otherwise confidential or privileged information provided that identifying contents have been removed pursuant to section 2909 (relating to medical history information); and
(2) information about the natural parents which may be relevant to a potential hereditary or congenital medical problem.
"Newborn child."
A child who is six months of age or younger at the time of the filing of any petition pursuant to Chapter 25 (relating to proceedings prior to petition to adopt).
"Parent."
Includes adoptive parent.
(June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days; Dec. 20, 1995, P.L.685, No.76, eff. 60 days)
1995 Amendment.
Act 76 amended the def. of "medical history information."
1992 Amendment.
Act 34 added the def. of "newborn child."
References in Text.
Section 2909, referred to in this section, is repealed. The subject matter is now contained in section 2934 of this title.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 23 - Jurisdiction and Parties › Section 2302 - Venue

§ 2302. Venue.
Proceedings for voluntary relinquishment, involuntary termination and adoption may be brought in the court of the county:
(1) Where the parent or parents or the adoptee or the person or persons who have filed a report of intention to adopt required by section 2531 (relating to report of intention to adopt) reside.
(2) In which is located an office of an agency having custody of the adoptee or in the county where the agency having placed the adoptee is located.
(3) With leave of court, in which the adoptee formerly resided.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 23 - Jurisdiction and Parties › Section 2313 - Representation

§ 2313. Representation.
(a) Child.--
The court shall appoint counsel to represent the child in an involuntary termination proceeding when the proceeding is being contested by one or both of the parents. The court may appoint counsel or a guardian ad litem to represent any child who has not reached the age of 18 years and is subject to any other proceeding under this part whenever it is in the best interests of the child. No attorney or law firm shall represent both the child and the adopting parent or parents.
(a.1) Parent.--
The court shall appoint counsel for a parent whose rights are subject to termination in an involuntary termination proceeding if, upon petition of the parent, the court determines that the parent is unable to pay for counsel or if payment would result in substantial financial hardship.
(b) Payment of costs.--
The court, in its discretion, may order all or part of the costs attendant to a proceeding under this part to be paid by the county wherein the case is heard, the adopting parents or apportioned to both, provided that if the adopting parents shall be ordered to bear all or a portion of the costs of this part that:
(1) the court may direct that the payment of the fees or a portion thereof may be paid by a court ordered schedule of payments extending beyond the date of the involuntary termination hearing; and
(2) the fee shall not exceed $150.
(June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Extra - Chapter Notes

Enactment.
Chapter 25 was added October 15, 1980, P.L.934, No.163, effective January 1, 1981.
Cross References.
Chapter 25 is referred to in section 2102 of this title.
Cross References.
Subchapter B is referred to in section 2504.1 of this title; section 6351 of Title
            42 (Judiciary and Judicial Procedure).
Enactment.
Subchapter E was added December 19, 1990, P.L.1240, No.206, effective in 90 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2501 - Relinquishment to agency

§ 2501. Relinquishment to agency.
(a) Petition.--
When any child under the age of 18 years has been in the care of an agency for a minimum period of three days or, whether or not the agency has the physical care of the child, the agency has received a written notice of the present intent to transfer to it custody of the child, executed by the parent, the parent or parents of the child may petition the court for permission to relinquish forever all parental rights and duties with respect to their child.
(b) Consents.--
The written consent of a parent or guardian of a petitioner who has not reached 18 years of age shall not be required. The consent of the agency to accept custody of the child until such time as the child is adopted shall be required.
Cross References.
Section 2501 is referred to in sections 2503, 2521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2502 - Relinquishment to adult intending to adopt child

§ 2502. Relinquishment to adult intending to adopt child.
(a) Petition.--
When any child under the age of 18 years has been for a minimum period of three days in the exclusive care of an adult or adults who have filed a report of intention to adopt required by section 2531 (relating to report of intention to adopt), the parent or parents of the child may petition the court for permission to relinquish forever all parental rights to their child.
(b) Consents.--
The written consent of a parent or guardian of a petitioner who has not reached 18 years of age shall not be required. The adult or adults having care of the child shall file a separate consent to accept custody of the child.
(Mar. 24, 2004, P.L.159, No.21, eff. 60 days)
2004 Amendment.
Act 21 amended subsec. (a). Section 2 of Act 21 provided that the amendment of subsec. (a) shall apply to adoptions which are initiated on or after the effective date of section 2.
Cross References.
Section 2502 is referred to in sections 2503, 2521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2504.1 - Confidentiality

§ 2504.1. Confidentiality.
The court shall take such steps as are reasonably necessary to assure that the identity of the adoptive parent or parents is not disclosed without their consent in any proceeding under this subchapter or Subchapter B (relating to involuntary termination). The Supreme Court may prescribe uniform rules under this section relating to such confidentiality.
(May 21, 1992, P.L.228, No.34, eff. 60 days)
1992 Amendment.
Act 34 added section 2504.1.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2512 - Petition for involuntary termination

§ 2512. Petition for involuntary termination.
(a) Who may file.--
A petition to terminate parental rights with respect to a child under the age of 18 years may be filed by any of the following:
(1) Either parent when termination is sought with respect to the other parent.
(2) An agency.
(3) The individual having custody or standing in loco parentis to the child and who has filed a report of intention to adopt required by section 2531 (relating to report of intention to adopt).
(4) An attorney representing a child or a guardian ad litem representing a child who has been adjudicated dependent under 42 Pa.C.S. § 6341(c) (relating to adjudication).
(b) Contents.--
The following apply:
(1) The petition shall set forth specifically those grounds and facts alleged as the basis for terminating parental rights.
(2) Except as provided in paragraph (3), the petition filed under this section shall also contain an averment that the petitioner will assume custody of the child until such time as the child is adopted.
(3) If the petitioner is a parent and section 2514 (relating to special provisions when child conceived as a result of rape or incest) applies, or if the petitioner is an agency, the petitioner shall not be required to aver that an adoption is presently contemplated nor that a person with a present intention to adopt exists.
(c) Father not identified.--
If the petition does not identify the father of the child, it shall state whether a claim of paternity has been filed under section 8303 (relating to claim of paternity).
(Dec. 20, 1995, P.L.685, No.76, eff. 60 days; Oct. 29, 2020, P.L.780, No.95, eff. 60 days)
2020 Amendment.
Act 95 amended subsec. (b). Section 3 of Act 95 provided that the amendment or addition of subsec. (b) and section 2514 apply to petitions to involuntarily terminate parental rights filed on or after the effective date of section 3.
1995 Amendment.
Act 76 added subsec. (a)(4).
References in Text.
Former section 8303, referred to in this section, is repealed. The subject matter is now contained in section 5103.
Cross References.
Section 2512 is referred to in sections 2513, 2521 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2513 - Hearing

§ 2513. Hearing.
(a) Time.--
The court shall fix a time for hearing on a petition filed under section 2512 (relating to petition for involuntary termination) which shall be not less than ten days after filing of the petition.
(b) Notice.--
At least ten days' notice shall be given to the parent or parents, putative father, or parent of a minor parent whose rights are to be terminated, by personal service or by registered mail to his or their last known address or by such other means as the court may require. A copy of the notice shall be given in the same manner to the other parent, putative father or parent or guardian of a minor parent whose rights are to be terminated. A putative father shall include one who has filed a claim of paternity as provided in section 5103 (relating to acknowledgment and claim of paternity) prior to the institution of proceedings. The notice shall state the following:
"A petition has been filed asking the court to put an end to all rights you have to your child (insert name of child). The court has set a hearing to consider ending your rights to your child. That hearing will be held in (insert place, giving reference to exact room and building number or designation) on (insert date) at (insert time). You are warned that even if you fail to appear at the scheduled hearing, the hearing will go on without you and your rights to your child may be ended by the court without your being present. You have a right to be represented at the hearing by a lawyer. You should take this paper to your lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the office set forth below to find out where you can get legal help.
(Name)
(Address)
________________________________________
(Telephone number)"
(c) Mother competent witness on paternity issue.--
The natural mother shall be a competent witness as to whether the presumptive or putative father is the natural father of the child.
(d) Decree.--
After hearing, which may be private, the court shall make a finding relative to the pertinent provisions of section 2511 (relating to grounds for involuntary termination) and upon such finding may enter a decree of termination of parental rights.
(June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days)
1992 Amendment.
Act 34 amended subsec. (b).
Cross References.
Section 2513 is referred to in sections 2504, 2714 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2514 - Special provisions when child conceived as a result of rape or incest

§ 2514. Special provisions when child conceived as a result of rape or incest.
Notwithstanding any other provision of law to the contrary, when a petition has been filed by a parent seeking to involuntarily terminate parental rights of the other parent under section 2511(a)(7) (relating to grounds for involuntary termination), the following apply:
(1) The petitioner shall not be required to aver that:
(i) the petitioner will assume custody of the child until such time as the child is adopted;
(ii) adoption is presently contemplated; or
(iii) a person with a present intention to adopt exists.
(2) Parental rights shall be terminated if all other legal requirements have been met.
(Oct. 29, 2020, P.L.780, No.95, eff. 60 days)
2020 Amendment.
Act 95 added section 2514. Section 3 of Act 95 provided that the amendment or addition of sections 2512(b) and 2514 apply to petitions to involuntarily terminate parental rights filed on or after the effective date of section 3.
Cross References.
Section 2514 is referred to in section 2512 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2521 - Effect of decree of termination

§ 2521. Effect of decree of termination.
(a) Adoption proceeding rights extinguished.--
A decree terminating all rights of a parent or a decree terminating all rights and duties of a parent entered by a court of competent jurisdiction shall extinguish the power or the right of the parent to object to or receive notice of adoption proceedings.
(b) Award of custody.--
The decree shall award custody of the child to the agency or the person consenting to accept custody under section 2501 (relating to relinquishment to agency) or section 2502 (relating to relinquishment to adult intending to adopt child) or the petitioner in the case of a proceeding under section 2512 (relating to petition for involuntary termination).
(c) Authority of agency or person receiving custody.--
An agency or person receiving custody of a child shall stand in loco parentis to the child and in such capacity shall have the authority, inter alia, to consent to marriage, to enlistment in the armed forces and to major medical, psychiatric and surgical treatment and to exercise such other authority concerning the child as a natural parent could exercise.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2530 - Home study and preplacement report

§ 2530. Home study and preplacement report.
(a) General rule.--
No intermediary shall place a child in the physical care or custody of a prospective adoptive parent or parents unless a home study containing a favorable recommendation for placement of a child with the prospective parent or parents has been completed within three years prior thereto and which has been supplemented within one year prior thereto. The home study shall be conducted by a local public child-care agency, an adoption agency or a licensed social worker designated by the court to perform such study.
(b) Preplacement report.--
A preplacement report shall be prepared by the agency or person conducting the home study.
(1) The preplacement report shall set forth all pertinent information relating to the fitness of the adopting parents as parents.
(2) The preplacement report shall be based upon a study which shall include an investigation of the home environment, family life, parenting skills, age, physical and mental health, social, cultural and religious background, facilities and resources of the adoptive parents and their ability to manage their resources. The preplacement report shall also include the information required by section 6344(b) (relating to employees having contact with children; adoptive and foster parents).
(3) The preplacement report shall include a determination regarding the fitness of the adopting parents as parents.
(4) The preplacement report shall be dated and verified.
(c) Interim placement.--
Where a home study required under this section is in process, but not yet completed, an intermediary may place a child in the physical care or custody of a prospective adoptive parent or parents if all of the following conditions are met:
(1) The intermediary has no reason to believe that the prospective adoptive parent or parents would not receive a favorable recommendation for placement as a result of the home study.
(2) The individual or agency conducting the home study assents to the interim placement.
(3) The intermediary immediately notifies the court of the interim placement and the identity of the individual or agency conducting the home study. If at any time prior to the completion of the home study the court is notified by the individual or agency conducting the home study that it withdraws its assent to the interim placement, the court may order the placement of the child in temporary foster care with an agency until a favorable recommendation for placement is received.
(May 21, 1992, P.L.228, No.34, eff. 60 days; Oct. 22, 2014, P.L.2529, No.153, eff. Dec. 31, 2014)
2014 Amendment.
Act 153 amended subsec. (b)(2).
1992 Amendment.
Act 34 added section 2530.
Cross References.
Section 2530 is referred to in sections 2531, 2701 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2531 - Report of intention to adopt

§ 2531. Report of intention to adopt.
(a) General rule.--
Every person now having or hereafter receiving or retaining custody or physical care of any child for the purpose or with the intention of adopting a child under the age of 18 years shall report to the court in which the petition for adoption will be filed.
(b) Contents.--
The report shall set forth:
(1) The circumstances surrounding the persons receiving or retaining custody or physical care of the child, including the date upon which a preplacement investigation was concluded.
(2) The name, sex, racial background, age, date and place of birth and religious affiliation of the child.
(3) The name and address of the intermediary.
(4) An itemized accounting of moneys and consideration paid or to be paid to the intermediary.
(5) Whether the parent or parents whose parental rights are to be terminated have received counseling with respect to the termination and the alternatives thereto. If so, the report shall state the dates on which the counseling was provided and the name and address of the counselor or agency which provided the counseling.
(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 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 after the date she has executed the consent.
(7) A copy of the preplacement report prepared pursuant to section 2530 (relating to home study and preplacement report).
When a person receives or retains custody or physical care of a child from an agency, the report shall set forth only the name and address of the agency, the circumstances surrounding such person receiving or retaining custody or physical care of the child and a copy of the preplacement report prepared pursuant to section 2530.
(c) When report not required.--
No report shall be required when the child is the child, grandchild, stepchild, brother or sister of the whole or half blood, or niece or nephew by blood, marriage or adoption of the person receiving or retaining custody or physical care.
(June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days; Mar. 24, 2004, P.L.159, No.21, eff. 60 days)
2004 Amendment.
Act 21 amended subsec. (b)(6). Section 2 of Act 21 provided that the amendment of subsec. (b)(6) shall apply to adoptions which are initiated on or after the effective date of section 2.
1992 Amendment.
Act 34 amended subsec. (b).
Cross References.
Section 2531 is referred to in sections 2302, 2502, 2505, 2512, 2532, 2535, 2701 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2532 - Filing of report

§ 2532. Filing of report.
The report required by section 2531 (relating to report of intention to adopt) shall be filed within 30 days after the date of receipt of the custody or physical care of the child.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2534 - Exhibits

§ 2534. Exhibits.
The report of the intermediary shall have attached to it the following exhibits:
(1) A birth certificate or certification of registration of birth of the child if it can be obtained.
(2) All consents to adoption required by section 2711 (relating to consents necessary to adoption).
(3) A certified copy of any decree of termination of parental rights or parental rights and duties made by a court other than the court in which the petition for adoption will be filed.
Cross References.
Section 2534 is referred to in section 2702 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2535 - Investigation

§ 2535. Investigation.
(a) General rule.--
When a report required by section 2531 (relating to report of intention to adopt) has been filed, the court shall cause an investigation to be made and a report filed by a local public child care agency, a voluntary child care agency with its consent or an appropriate person designated by the court. In lieu of the investigation, the court may accept an investigation made by the agency which placed the child and the report of investigation in such cases may be incorporated into the report of the intermediary required by section 2533 (relating to report of intermediary).
(b) Matters covered.--
The investigation shall cover all pertinent information regarding the child's eligibility for adoption and the suitability of the placement, including the physical, mental and emotional needs and welfare of the child, and the child's and the adopting parents' age, sex, health and racial, ethnic and religious background.
(c) Payment of costs.--
The court may establish the procedure for the payment of investigation costs.
Cross References.
Section 2535 is referred to in sections 2724, 2901, 6344 of this title.