Bill Text: PA HB2674 | 2011-2012 | Regular Session | Introduced

---

Bill Title: In proceedings prior to petition to adopt, providing for disclosure of paternity test results.

Spectrum: Moderate Partisan Bill (Republican 12-2)

Status: (Introduced - Dead) 2012-10-17 - Referred to JUDICIARY [HB2674 Detail]

Download: Pennsylvania-2011-HB2674-Introduced.html

---

PRINTER'S NO. 4251
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2674 Session of2012
INTRODUCED BY GROVE, BOBACK, R. BROWN, CLYMER, CREIGHTON, DALEY, DENLINGER, HESS, MILLER, MOUL, O'NEILL, YOUNGBLOOD, ROCK AND GEIST, OCTOBER 17, 2012
REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in proceedings prior to petition to
adopt, providing for disclosure of paternity test results.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Title 23 of the Pennsylvania Consolidated
Statutes is amended by adding a section to read:
§ 2536. Disclosure of paternity test results.
(a) General rule.--Prospective adoptive parents shall be
entitled to the results of any paternity test conducted with
regard to a child, whether the child has been born or the birth
of the child is anticipated, if all of the following apply:
(1) A birth parent or intermediary has communicated to
the prospective adoptive parent or parents that the child is
or will be available for adoption.
(2) The prospective adoptive parent or parents have
engaged in conduct which clearly indicates that they intend
to adopt the child.
(3) The results of the paternity test will affect the
child's availability for adoption by the prospective adoptive
parent or parents.
(b) Disclosure.--When a birth parent or putative father is
aware of the results of a paternity test, and the prospective
adoptive parent or parents are entitled to the results under
subsection (a), the birth parent or putative father shall
disclose the results of the paternity test within 72 hours to
one of the following:
(1) The intermediary, who, upon disclosure by the birth
parent or putative father, shall immediately notify the
prospective adoptive parents.
(2) The prospective adoptive parents, if no intermediary
is involved.
(c) Liability for failure to disclose.--Prospective adoptive
parent or parents may commence an action in a court of common
pleas in this Commonwealth for appropriate relief of economic
damages incurred by the failure of a birth parent, putative
father or intermediary to comply with this section. If a court
finds that a birth parent, putative father or intermediary was
aware of the results of a paternity test and failed to disclose
them as required by this section, the court may award
compensation for economic damages to the prospective adoptive
parent or parents for expenses incurred after the time at which
disclosure was required, including:
(1) Attorney fees.
(2) Expenses permitted under section 2533(d) (relating
to report of intermediary).
(3) Expenses related to preparing to accept placement of
the child.
20120HB2674PN4251 - 2 -
(4) Expenses related to preparing to adopt the child.
(5) Any other expenses the court deems appropriate.
(d) Definitions.--As used in this section, the following
words and phrases shall have the meanings given to them in this
subsection unless the context clearly indicates otherwise:
"DNA." Deoxyribonucleic acid.
"Paternity test." A test especially of DNA, blood group
identification or other genetic traits to determine whether a
given man could be the biological father of a given child, the
accuracy of which test has been accepted in the scientific
community. The term includes tests conducted prior to the birth
of the child.
Section 2. This act shall take effect in 60 days.
20120HB2674PN4251 - 3 -