reglab/statecodes huggingface dataset:
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2551 - Definitions

§ 2551. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Department."
The Department of Public Welfare of the Commonwealth.
"PACE."
The Pennsylvania Adoption Cooperative Exchange.
References in Text.
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 25 - Proceedings Prior to Petition to Adopt › Section 2552 - Pennsylvania Adoption Cooperative Exchange

§ 2552. Pennsylvania Adoption Cooperative Exchange.
There shall be a Pennsylvania Adoption Cooperative Exchange in the Office of Children, Youth and Families of the Department of Public Welfare.
References in Text.
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 25 - Proceedings Prior to Petition to Adopt › Section 2553 - Registration of children

§ 2553. Registration of children.
(a) Mandatory registration.--
PACE shall register and be responsible for the review and referral of children for whom parental rights have been terminated for 90 days and for whom no report of intention to adopt has been filed in the court of common pleas.
(b) Optional registration.--
PACE may also register children where restoration to the biological family is neither possible nor appropriate, a petition to terminate parental rights has been filed and adoption is planned pending identification of an adoptive parent or parents. However, information about these children shall not be publicized without prior approval by the department, which shall ensure the anonymity of these children until such time as parental rights are terminated.
(c) Children excluded from registration.--
A child for whom termination of parental rights is being appealed in a court shall not be registered with PACE as available for adoption. Identifying information of such children shall be forwarded to PACE by the agency, with reference to the specific reason for which the child is not to be placed on the listing service.
Cross References.
Section 2553 is referred to in section 2555 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2554 - Responsibilities of PACE

§ 2554. Responsibilities of PACE.
PACE shall be responsible for the following:
(1) Registration of adoptive parent applicants who have been approved by agencies.
(2) Accumulation and dissemination of statistical information regarding all children registered with PACE.
(3) Creation and administration of a public information program designed to inform potential adoptive parents of the need for adoptive homes for children registered with PACE.
(4) Preparation and distribution of a photographic listing service on children registered with PACE.
(5) Preparation of annual reports concerning functions of PACE regarding the children and the prospective parents listed with PACE. The reports shall be submitted annually to the Health and Welfare and Judiciary Committees of the House of Representatives, to the Public Health and Welfare and Judiciary Committees of the Senate and to the Governor.
(6) Coordination of its functions with other state, regional and national adoption exchanges.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2555 - Responsibilities of public and private agencies

§ 2555. Responsibilities of public and private agencies.
All public and licensed private child service agencies shall register all children with PACE for whom parental rights have been terminated for 90 days and for whom no report of intention to adopt has been filed in the court of common pleas. A public or licensed private agency may register other children as set forth in section 2553(b) (relating to registration of children).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2556 - Related activities of agencies unaffected

§ 2556. Related activities of agencies unaffected.
This subchapter shall not be construed to limit or delay actions by agencies or institutions to arrange for adoptions or other related matters on their own initiative and shall not alter or restrict the duties, authority and confidentiality of the agencies and institutions in those matters.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 25 - Proceedings Prior to Petition to Adopt › Section 2558 - Retroactive application of subchapter

§ 2558. Retroactive application of subchapter.
This subchapter shall apply retroactively to all children for whom:
(1) Parental rights have been terminated and for whom no report of intention to adopt has been filed in the court of common pleas.
(2) Restoration to the biological family is neither possible nor appropriate, a petition to terminate parental rights has been filed and adoption is planned pending identification of an adoptive parent or parents.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Extra - Chapter Notes

Enactment.
Chapter 27 was added October 15, 1980, P.L.934, No.163, effective January 1, 1981.
Enactment.
Subchapter D was added October 27, 2010, P.L.961, No.101, effective in 180 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2701 - Contents of petition for adoption

§ 2701. Contents of petition for adoption.
A petition for adoption shall set forth:
(1) The full name, residence, marital status, age, occupation, religious affiliation and racial background of the adopting parent or parents and their relationship, if any, to the adoptee.
(2) That the reports under sections 2530 (relating to home study and preplacement report), 2531 (relating to report of intention to adopt) and 2533 (relating to report of intermediary) have been filed, if required.
(3) The name and address of the intermediary, if any.
(4) The full name of the adoptee and the fact and length of time of the residence of the adoptee with the adopting parent or parents.
(5) If there is no intermediary or if no report of the intermediary has been filed or if the adoptee is over the age of 18 years, all vital statistics and other information enumerated and required to be stated of record by section 2533, so far as applicable.
(6) If a change in name of the adoptee is desired, the new name.
(7) That all consents required by section 2711 (relating to consents necessary to adoption) are attached as exhibits or the basis upon which such consents are not required.
(8) That it is the desire of the petitioner or the petitioners that the relationship of parent and child be established between the petitioner or petitioners and the adoptee.
(9) If no birth certificate or certification of registration of birth can be obtained, a statement of the reason therefor and an allegation of the efforts made to obtain the certificate with a request that the court establish a date and place of birth at the adoption hearing on the basis of the evidence presented.
(May 21, 1992, P.L.228, No.34, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2702 - Exhibits

§ 2702. Exhibits.
The petition shall have attached to it the following exhibits:
(1) The consent or consents required by section 2711 (relating to consents necessary to adoption).
(2) If not already filed with a report of an intermediary, the exhibits enumerated in section 2534 (relating to exhibits).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2712 - Consents not naming adopting parents

§ 2712. Consents not naming adopting parents.
A consent to a proposed adoption meeting all the requirements of this part but which does not name or otherwise identify the adopting parent or parents shall be valid if it contains a statement that it is voluntarily executed without disclosure of the name or other identification of the adopting parent or parents.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2713 - When other consents not required

§ 2713. When other consents not required.
The court, in its discretion, may dispense with consents other than that of the adoptee to a petition for adoption when:
(1) the adoptee is over 18 years of age; or
(2) the adoptee is under 18 years of age and has no parent living whose consent is required.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2714 - When consent of parent not required

§ 2714. When consent of parent not required.
Consent of a parent to adoption shall not be required if a decree of termination with regard to such parent has been entered. When parental rights have not previously been terminated, the court may find that consent of a parent of the adoptee is not required if, after notice and hearing as prescribed in section 2513 (relating to hearing), the court finds that grounds exist for involuntary termination under section 2511 (relating to grounds for involuntary termination).
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2721 - Notice of hearing

§ 2721. Notice of hearing.
The court shall fix a time and place for hearing. Notice of the hearing shall be given to all persons whose consents are required and to such other persons as the court shall direct. Notice to the parent or parents of the adoptee, if required, may be given by the intermediary or someone acting on his behalf. Notice shall be by personal service or by registered mail to the last known address of the person to be notified or in such other manner as the court shall direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2723 - Attendance at hearing

§ 2723. Attendance at hearing.
The adopting parent or parents and the adoptee must appear at and, if required, testify at the hearing under oath unless the court determines their presence is unnecessary. In addition, the court may require the appearance and testimony of all persons whose consents are required by this part and representatives of agencies or individuals who have acted as an intermediary if their appearance or testimony would be necessary or helpful to the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2724 - Testimony and investigation

§ 2724. Testimony and investigation.
(a) Testimony.--
The court shall hear testimony in support of the petition and such additional testimony as it deems necessary to inform it as to the desirability of the proposed adoption. It shall require a disclosure of all moneys and consideration paid or to be paid to any person or institution in connection with the adoption.
(b) Investigation.--
The court may request that an investigation be made by a person or public agency or, with its consent, a voluntary agency, specifically designated by the court to verify the statements of the petition and such other facts that will give the court full knowledge of the desirability of the proposed adoption, or the court may rely in whole or in part upon a report earlier made under section 2535 (relating to investigation). In any case, the age, sex, health, social and economic status or racial, ethnic or religious background of the child or adopting parents shall not preclude an adoption but the court shall decide its desirability on the basis of the physical, mental and emotional needs and welfare of the child.
(c) Payment of investigation costs.--
The court may establish a procedure for the payment of investigation costs by the petitioners or by such other persons as the court may direct.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2725 - Religious belief

§ 2725. Religious belief.
The intermediary may honor the preference of the natural parents as to the religious faith in which the adoptive parents intend to rear the adopted child. No person shall be denied the benefits of this part because of a religious belief in the use of spiritual means or prayer for healing.
(May 21, 1992, P.L.228, No.34, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2731 - Purpose of subchapter

§ 2731. Purpose of subchapter.
The purpose of this subchapter is to provide an option for adoptive parents and birth relatives to enter into a voluntary agreement for ongoing communication or contact that:
(1) is in the best interest of the child;
(2) recognizes the parties' interests and desires for ongoing communication or contact;
(3) is appropriate given the role of the parties in the child's life; and
(4) is subject to approval by the courts.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2732 - Definitions

§ 2732. Definitions.
The following words and phrases when used in this subchapter shall have the meanings given to them in this section unless the context clearly indicates otherwise:
"Agency."
A public or private entity, including a county agency, that:
(1) is licensed, supervised or regulated by the Department of Public Welfare; and
(2) provides adoption services.
"Agreement."
A voluntary written agreement between an adoptive parent and a birth relative that is approved by a court and provides for continuing contact or communication between the child and the birth relative or between the adoptive parent and the birth relative as provided under this subchapter.
"Birth relative."
A parent, grandparent, stepparent, sibling, uncle or aunt of the child's birth family, whether the relationship is by blood, marriage or adoption.
"Child."
An individual who is under 18 years of age.
"County agency."
A county children and youth social service agency established under section 405 of the act of June 24, 1937 (P.L.2017, No.396), known as the County Institution District Law, or its successor, and supervised by the Department of Public Welfare under Article IX of the act of June 13, 1967 (P.L.31, No.21), known as the Public Welfare Code.
"Department."
The Department of Public Welfare of the Commonwealth.
References
in Text.
The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.
The short title of the act of June 13, 1967, P.L.31, No.21, known as the Public Welfare Code, referred to in the definition of "county agency," was amended by the act of December 28, 2015, P.L.500, No.92. The amended short title is now the Human Services Code.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2733 - Parties to agreement

§ 2733. Parties to agreement.
(a) Prospective adoptive parents and birth relatives.--
A prospective adoptive parent of a child may enter into an agreement with a birth relative of the child to permit continuing contact or communication between the child and the birth relative or between the adoptive parent and the birth relative.
(b) Guardians ad litem for siblings of adoptees.--
Where siblings have been freed for adoption through the termination of parental rights, following a dependency proceeding, and the prospective adoptive parent is not adopting all of the siblings, each such sibling who is under 18 years of age shall be represented by a guardian ad litem in the development of an agreement.
(c) Notification.--
An agency or anyone representing the parties in an adoption shall provide notification to a prospective adoptive parent, a birth parent and a child who can be reasonably expected to understand that a prospective adoptive parent and a birth relative of a child have the option to enter into a voluntary agreement for continuing contact or communication.
(d) Construction.--
Nothing in this chapter shall be construed to prohibit the parties from agreeing to mediation of an agreement at their own cost, including the modification of an agreement, before seeking a remedy from the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2735 - Filing and approval of an agreement

§ 2735. Filing and approval of an agreement.
(a) General rule.--
An agreement shall be filed with the court that finalizes the adoption of the child.
(b) Conditions for approval.--
The court shall approve the agreement if the court determines that:
(1) The agreement has been entered into knowingly and voluntarily by all parties. An affidavit made under oath must accompany the agreement affirmatively stating that the agreement was entered into knowingly and voluntarily and is not the product of coercion, fraud or duress. The affidavit may be executed jointly or separately.
(2) The agreement is in the best interest of the child. In making that determination, factors that the court may consider include, but are not limited to, the following:
(i) The length of time that the child has been under actual care, custody and control of a person other than a birth parent and the circumstances relating thereto.
(ii) The interaction and interrelationship of the child with birth relatives and other persons who routinely interact with the birth relatives and may significantly affect the child's best interests.
(iii) The adjustment to the child's home, school and community.
(iv) The willingness and ability of the birth relative to respect and appreciate the bond between the child and prospective adoptive parent.
(v) The willingness and ability of the prospective adoptive parent to respect and appreciate the bond between the child and the birth relative.
(vi) Any evidence of abuse or neglect of the child.
(c) Legal effect.--
An agreement shall not be legally enforceable unless approved by the court.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2737 - Modification of agreement

§ 2737. Modification of agreement.
(a) General rule.--
Only the adoptive parent or a child who is 12 years of age or older may seek to modify an agreement by filing an action in the court that finalized the adoption.
(b) Standard for modification.--
Before the court may enter an order modifying the agreement, it must find by clear and convincing evidence that modification serves the needs, welfare and best interest of the child.
Cross References.
Section 2737 is referred to in sections 2741, 2742 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2738 - Enforcement of agreement

§ 2738. Enforcement of agreement.
(a) General rule.--
Any party to an agreement, a sibling or a child who is the subject of an agreement may seek to enforce an agreement by filing an action in the court that finalized the adoption.
(b) Remedies.--
Any party to an agreement, a sibling or a child who is the subject of an agreement may request only specific performance in seeking to enforce an agreement and may not request monetary damages or modification of an agreement.
(c) Requirements.--
For an agreement to be enforceable, it must be:
(1) In writing.
(2) Approved by the court on or before the date for any adoption decree.
(3) If the child is 12 years of age or older when the agreement is executed, the child must consent to the agreement at the time of its execution.
(d) Prerequisites.--
Before the court may enter an order enforcing an agreement, it must find all of the following:
(1) The party seeking enforcement of the agreement is in substantial compliance with the agreement.
(2) By clear and convincing evidence, enforcement serves the needs, welfare and best interest of the child.
(e) Cessation of enforceability.--
(1) An agreement shall cease to be enforceable on the date the child turns 18 years of age unless the agreement otherwise stipulates or is modified by the court.
(2) The court issuing final approval of an agreement shall have continuing jurisdiction over enforcement of the agreement until the child turns 18 years of age, unless the agreement otherwise stipulates or is modified by the court.
(f) Exclusivity of remedy.--
This section constitutes the exclusive remedy for enforcement of an agreement, and no statutory or common law remedy shall be available for enforcement or damages in connection with an agreement.
Cross References.
Section 2738 is referred to in sections 2741, 2742 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2739 - Discontinuance of agreement

§ 2739. Discontinuance of agreement.
(a) General rule.--
A party to an agreement or a child that is at least 12 years of age or older may seek to discontinue an agreement by filing an action in the court that finalized the adoption.
(b) Standard for discontinuation.--
Before the court may enter an order discontinuing an agreement, it must find by clear and convincing evidence that discontinuance serves the needs, welfare and best interest of the child.
Cross References.
Section 2739 is referred to in sections 2741, 2742 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2740 - Procedures for facilitating and resolving agreements involving a county child welfare agency

§ 2740. Procedures for facilitating and resolving agreements involving a county child welfare agency.
(a) Department to develop procedures.--
In termination of parental rights and adoption proceedings involving a county child welfare agency arising from a juvenile dependency case under 42 Pa.C.S. Ch. 63 (relating to juvenile matters), the department shall develop, in consultation with the Administrative Office of the Pennsylvania Courts and the Juvenile Courts Judges Commission, procedures to do the following:
(1) Facilitate the development of an agreement, when appropriate, before it is presented to the court.
(2) Resolve any requests to modify, enforce or discontinue an agreement consistent with the provisions of this subchapter.
(b) Requirements.--
The procedures shall, among other provisions to be determined by the department, clearly inform the parties to and subject of an agreement how to seek modification, enforcement or discontinuance of an agreement that was approved by the court.
(c) Availability to county agencies.--
The department shall make the procedures available to county agencies no later than 180 days after the effective date of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2741 - Counsel

§ 2741. Counsel.
(a) General rule.--
In proceedings under sections 2737 (relating to modification of agreement), 2738 (relating to enforcement of agreement) and 2739 (relating to discontinuance of agreement), parties shall not be entitled to court-appointed counsel.
(b) Guardians ad litem.--
(1) Notwithstanding the provisions of subsection (a), the court may appoint a guardian ad litem to represent the interests of a child in proceedings under sections 2737, 2738 and 2739 and a sibling under 18 years of age who seeks to enforce or to discontinue an agreement.
(2) When appointing a guardian ad litem under this subchapter, the court may appoint the same attorney who represents or has represented the child in any dependency proceedings or termination of parental rights proceedings.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 27 - Petition for Adoption › Section 2742 - Costs

§ 2742. Costs.
If the court finds that an action brought under section 2737 (relating to modification of agreement), 2738 (relating to enforcement of agreement) or 2739 (relating to discontinuance of agreement) was wholly insubstantial, frivolous or not advanced in good faith, the court may award attorney fees and costs to the prevailing parties.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Extra - Chapter Notes

Enactment.
Chapter 29 was added October 15, 1980, P.L.934, No.163, effective January 1, 1981.
Enactment.
Subchapter B was added October 27, 2010, P.L.961, No.101, effective in 180 days.
Cross References.
Subchapter B is referred to in sections 2503, 2504, 2511 of this title.
Enactment.
Subchapter C was added October 27, 2010, P.L.961, No.101, effective in 180 days.
Cross References.
Subchapter C is referred to in sections 2933, 2934 of this title.
Cross References.
Subchapter D is referred to in section 2912 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2901 - Time of entry of decree of adoption

§ 2901. Time of entry of decree of adoption.
Unless the court for cause shown determines otherwise, no decree of adoption shall be entered unless the natural parent or parents' rights have been terminated, the investigation required by section 2535 (relating to investigation) has been completed, the report of the intermediary has been filed pursuant to section 2533 (relating to report of intermediary) and all other legal requirements have been met. If all legal requirements have been met, the court may enter a decree of adoption at any time.
(June 23, 1982, P.L.617, No.174, eff. 60 days)
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2902 - Requirements and form of decree of adoption

§ 2902. Requirements and form of decree of adoption.
(a) General rule.--
If satisfied that the statements made in the petition are true, that the needs and welfare of the person proposed to be adopted will be promoted by the adoption and that all requirements of this part have been met, the court shall enter a decree so finding and directing that the person proposed to be adopted shall have all the rights of a child and heir of the adopting parent or parents and shall be subject to the duties of a child to him or them.
(b) Withdrawal or dismissal of petition.--
In any case in which the petition is withdrawn or dismissed, the court shall enter an appropriate order in regard to the custody of the child.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2903 - Retention of parental status

§ 2903. Retention of parental status.
Whenever a parent consents to the adoption of his child by his spouse, the parent-child relationship between him and his child shall remain whether or not he is one of the petitioners in the adoption proceeding.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2905 - Impounding of proceedings and access to records (Repealed)

§ 2905. Impounding of proceedings and access to records (Repealed).
2010 Repeal.
Section 2905 was repealed October 27, 2010, P.L.961, No.101, effective in 180 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2906 - Docket entries

§ 2906. Docket entries.
Upon the filing of any decree under this part, the clerk shall enter on the docket an entry showing the date of the decree. Information identifying the natural parents shall not be entered on the docket.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2907 - Certificate of adoption

§ 2907. Certificate of adoption.
The clerk shall issue to the adopting parent or parents a certificate reciting that the court has granted the adoption. The certificate shall not disclose the name of any natural parent or the original name of the person adopted. The certificate shall be accepted in any legal proceedings in this Commonwealth as evidence of the fact that the adoption has been granted.
Cross References.
Section 2907 is referred to in section 2908 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2909 - Medical history information (Repealed)

§ 2909. Medical history information (Repealed).
2010 Repeal.
Section 2909 was repealed October 27, 2010, P.L.961, No.101, effective in 180 days.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2910 - Penalty for unauthorized disclosure

§ 2910. Penalty for unauthorized disclosure.
Any officer or employee of the court, other than a judge thereof, the Department of Health, the Department of Public Welfare or any agency who willfully discloses impounded or otherwise confidential information relating to an adoption, other than as expressly authorized and provided in this chapter, commits a misdemeanor of the third degree.
(Dec. 12, 1984, P.L.979, No.195, eff. 60 days; Dec. 20, 1995, P.L.685, No.76, eff. 60 days)
References
in Text.
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 29 - Decrees and Records › Section 2914 - Immunity from liability

§ 2914. Immunity from liability.
(a) General rule.--
A person or agency, including the Commonwealth and any of its governmental subdivisions, that participates in good faith in providing services under this chapter has immunity from civil liability that may otherwise result by reason of an action or a failure to act under this chapter.
(b) Presumption of good faith.--
For the purpose of a civil proceeding, the good faith of any person or agency that provides services pursuant to this chapter is presumed.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2915 - Court and agency records

§ 2915. Court and agency records.
(a) General rule.--
All court and agency records shall be maintained as a permanent record and withheld from inspection except as provided under this chapter.
(b) Who may access court or agency records.--
Only the following are authorized to access court or agency records for the purpose of releasing nonidentifying or identifying information under this chapter:
(1) The court which finalized the adoption.
(2) The agency that coordinated the adoption.
(3) A successor agency authorized by the court which finalized the adoption.
(c) Disposition of agency records upon closure.--
(1) As soon as practicable, but not less than 30 days prior to the date on which an agency ceases to operate as a legal entity in this Commonwealth, the agency shall, unless it has applied to operate as a new legal entity, notify the department of its intention to cease operating.
(2) Within this time period, the agency shall submit a plan to the department relating to the closure and transfer of case records to another agency. The plan shall be subject to approval by the department.
(3) In preparation for its closure and transfer of case records, the agency shall label its case records to identify the respective court that finalized an adoption or where a petition to terminate parental rights or to adopt has been filed.
(4) The department shall notify each court so identified by the agency of the name, address and telephone number of the agency to which case records have been transferred.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2916 - Attorney records

§ 2916. Attorney records.
An attorney representing a party to an adoption proceeding or acting as counsel or guardian ad litem for a child in a proceeding under this part may forward records and information relating to the child, the child's birth family and the adoptive family to the court which finalized the adoption, as established by general rule by the Supreme Court. Such records and information shall be treated as court records for purposes of this chapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2921 - Establishment of registry

§ 2921. Establishment of registry.
The department shall do all of the following:
(1) Establish a Statewide confidential registry for the receipt, filing and retention of medical and social history information and authorization forms for all adoptions finalized or registered in this Commonwealth.
(2) Prescribe and distribute forms on which an adoptee, an adoptive parent and a birth parent may:
(i) Request identifying information or contact.
(ii) Authorize or refuse to authorize the release of identifying information or contact.
(iii) File and update information with the registry.
(3) Retain information filed with the registry as a permanent record.
(4) Disseminate the information pursuant to the requirements of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2924 - Who may request information from registry

§ 2924. Who may request information from registry.
The following individuals may request information from the registry:
(1) An adoptee who is at least 18 years of age.
(2) An adoptive parent of an adoptee who is under 18 years of age, adjudicated incapacitated or deceased.
(3) A legal guardian of an adoptee who is under 18 years of age or adjudicated incapacitated.
(4) A descendant of a deceased adoptee.
(5) The birth parent of an adoptee who is at least 21 years of age.
(6) A parent of a birth parent of an adoptee who is at least 21 years of age if the birth parent consents, is adjudicated incapacitated or is deceased.
(7) A birth sibling of an adoptee, if both the birth sibling and adoptee are at least 21 years of age, and:
(i) the birth sibling remained in the custody of the birth parent and the birth parent consents, is deceased or adjudicated incapacitated;
(ii) both the birth sibling and adoptee were adopted out of the same birth family; or
(iii) the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2925 - Providing information from registry

§ 2925. Providing information from registry.
(a) Nonidentifying information.--
Nonidentifying information, if available, shall be provided to the requester within 30 days of the request.
(b) Identifying information.--
(1) If an authorization form is on file, the department shall notify the requester within 30 days of the request whether information may be released.
(2) If there is no authorization on file, the department shall designate an authorized representative to:
(i) Use reasonable efforts to locate the subject of the request.
(ii) If the subject of the request is located, obtain written authorization from the subject before any information is released.
(c) Confidentiality of information.--
In conducting a search, the court or agency shall ensure that no individual, other than a birth parent, is informed of the adoptee's existence and relationship to the birth parent.
(d) When inquiry not mandatory.--
An authorized representative of the court or agency conducting a search may not make an inquiry which the representative reasonably believes may compromise the confidentiality relating to the relationship between the adoptee and a birth parent of the adoptee.
(e) Authorization form.--
An authorization form allowing the release of identifying information may be withdrawn at any time by the individual who signed the authorization form.
(f) Editing information.--
Before the release of information from the registry, the department shall remove any identifying information, unless authorized in writing by the subject of the information to release the identifying information.
Cross References.
Section 2925 is referred to in section 2911 of this title.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2926 - Rules and regulations

§ 2926. Rules and regulations.
The department shall promulgate rules and regulations necessary to implement this subchapter. The department may request, but shall not require, an agency to submit medical and social history information for adoptions finalized or registered in this Commonwealth prior to the effective date of this subchapter.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2931 - Access to information

§ 2931. Access to information.
(a) Who may access information.--
The following individuals may file a written request for nonidentifying information or identifying information or contact with the court which finalized the adoption, the agency which coordinated the adoption or a successor agency:
(1) An adoptee who is at least 18 years of age.
(2) An adoptive parent of an adoptee who is:
(i) under 18 years of age;
(ii) adjudicated incapacitated and is 18 years of age or older; or
(iii) deceased.
(3) A legal guardian of an adoptee who is under 18 years of age or adjudicated incapacitated.
(4) A descendant of a deceased adoptee.
(5) A birth parent of an adoptee who is 21 years of age or older.
(6) A parent of a birth parent of an adoptee who is 21 years of age or older, if the birth parent consents, is adjudicated incapacitated or is deceased.
(7) A birth sibling of an adoptee, if both the birth sibling and adoptee are 21 years of age or older and:
(i) the birth sibling remained in the custody of the birth parent and the birth parent consents, is deceased or adjudicated incapacitated;
(ii) both the birth sibling and the adoptee were adopted out of the same birth family; or
(iii) the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent.
(b) Who may be the subject of a request for information.--
An individual enumerated under subsection (a) may request nonidentifying or identifying information regarding or contact with the following individuals:
(1) An adoptee who is 21 years of age or older.
(2) A birth parent of an adoptee.
(3) A parent of a birth parent of an adoptee who is 21 years of age or older, if the birth parent consents, is adjudicated incapacitated or is deceased.
(4) A birth sibling of an adoptee, if both the birth sibling and the adoptee are 21 years of age or older and:
(i) the birth sibling remained in the custody of the birth parent and the birth parent consents, is deceased or adjudicated incapacitated;
(ii) both the birth sibling and the adoptee were adopted out of the same birth family; or
(iii) the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2932 - Nonidentifying information

§ 2932. Nonidentifying information.
(a) Notice of receipt of request.--
When the court or agency receives a written request for nonidentifying information, it shall, within 30 days, notify the individual requesting the information of its receipt of the request.
(b) Furnishing nonidentifying information.--
The court or agency shall, within 120 days, review its records and furnish to the requester any information concerning the adoption that will not compromise the confidentiality of the relationship between the adoptee and the adoptee's birth parent.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2933 - Identifying information

§ 2933. Identifying information.
(a) Notice of availability of records.--
The court or agency shall, within 120 days of receiving a written request for identifying information or contact, do all of the following:
(1) Determine whether it has in its possession any records relating to the adoptee.
(2) Conduct a good faith search for identifying information, which search shall be commenced within 120 days. The search for information shall only be conducted by an authorized representative appointed by:
(i) the court in which the adoption was finalized;
(ii) the agency that coordinated the adoption;
(iii) a successor, by merger or acquisition, of the agency that coordinated the adoption; or
(iv) if neither the agency nor a successor exists, by an agency authorized by the court.
The authorized representative shall review the court and agency record for identifying information regarding the birth or adoptive family and shall determine whether an authorization form has been filed with the court or agency.
(3) Notify any other court or agency listed in its records of the existence of the request for identifying information.
(4) Ask any other court or agency listed in its records to advise if an authorization form has been filed.
(5) Contact the information registry established under Subchapter C (relating to information registry), advise the registry of the request for identifying information and ask whether an authorization form has been filed.
(6) Notify the requesting individual of its findings pursuant to this subsection.
(b) No authorization form.--
If an applicable authorization form is not located, all of the following apply:
(1) The authorized representative shall use reasonable efforts to locate the subject of the search.
(2) If the subject of the search is located, the authorized representative shall obtain written authorization from the subject before any identifying information is released or contact between the parties is made.
(3) If the requester is an adoptee seeking the identity of a birth parent, the identity of a deceased birth parent may be disclosed.
(4) If the requester is an adoptee seeking the identity of both birth parents and only one birth parent agrees to the disclosure, only the information relating to that birth parent shall be disclosed.
(c) Withdrawal of authorization form.--
An individual may withdraw the individual's authorization form at any time.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2935 - Confidentiality

§ 2935. Confidentiality.
(a) General rule.--
In conducting a search, the court or agency shall ensure that no individual, other than a birth parent, is informed of the adoptee's existence and relationship to the birth parent of the adoptee.
(b) When inquiry not mandatory.--
An authorized representative of the court or agency conducting a search may not make an inquiry which the representative reasonably believes may compromise the confidentiality relating to the relationship between the adoptee and a birth parent of the adoptee.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 29 - Decrees and Records › Section 2936 - Refusal to search

§ 2936. Refusal to search.
(a) Agency.--
(1) If an agency is satisfied that a request could cause physical or emotional harm to the requesting individual or others, the agency may decline to conduct a search to determine whether an individual will authorize the disclosure of identifying information or contact under this chapter.
(2) An agency may decline to commence or conduct a search required under this chapter if the requester fails to pay the reasonable costs associated with commencing or conducting the search.
(3) (i) An agency that declines to conduct a search shall refer the request to the court that finalized the adoption and inform the court of its reasons for declining the request.
(ii) The agency shall notify the requester of the referral and identify the court to which the referral was made.
(b) Court.--
(1) If a court is satisfied that a request could cause physical or emotional harm to the requesting individual or others, the court receiving a request for identifying information or contact may decline to perform a search.
(2) A court that declines to conduct a search shall inform the requesting individual of its decision in writing and of the procedures for appeal of that decision.
2023 Pennsylvania Consolidated & Unconsolidated Statutes › Title 23 - DOMESTIC RELATIONS › Chapter 31 - Preliminary Provisions › Section 3102 - Legislative findings and intent

§ 3102. Legislative findings and intent.
(a) Policy.--
The family is the basic unit in society and the protection and preservation of the family is of paramount public concern. Therefore, it is the policy of the Commonwealth to:
(1) Make the law for legal dissolution of marriage effective for dealing with the realities of matrimonial experience.
(2) Encourage and effect reconciliation and settlement of differences between spouses, especially where children are involved.
(3) Give primary consideration to the welfare of the family rather than the vindication of private rights or the punishment of matrimonial wrongs.
(4) Mitigate the harm to the spouses and their children caused by the legal dissolution of the marriage.
(5) Seek causes rather than symptoms of family disintegration and cooperate with and utilize the resources available to deal with family problems.
(6) Effectuate economic justice between parties who are divorced or separated and grant or withhold alimony according to the actual need and ability to pay of the parties and insure a fair and just determination and settlement of their property rights.
(b) Construction of part.--
The objectives set forth in subsection (a) shall be considered in construing provisions of this part and shall be regarded as expressing the legislative intent.