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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY GROVE, BOBACK, R. BROWN, CLYMER, CREIGHTON, DALEY, DENLINGER, HESS, MILLER, MOUL, O'NEILL, YOUNGBLOOD, ROCK AND GEIST, OCTOBER 17, 2012 |
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| REFERRED TO COMMITTEE ON JUDICIARY, OCTOBER 17, 2012 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, in proceedings prior to petition to |
3 | adopt, providing for disclosure of paternity test results. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Title 23 of the Pennsylvania Consolidated |
7 | Statutes is amended by adding a section to read: |
8 | § 2536. Disclosure of paternity test results. |
9 | (a) General rule.--Prospective adoptive parents shall be |
10 | entitled to the results of any paternity test conducted with |
11 | regard to a child, whether the child has been born or the birth |
12 | of the child is anticipated, if all of the following apply: |
13 | (1) A birth parent or intermediary has communicated to |
14 | the prospective adoptive parent or parents that the child is |
15 | or will be available for adoption. |
16 | (2) The prospective adoptive parent or parents have |
17 | engaged in conduct which clearly indicates that they intend |
18 | to adopt the child. |
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1 | (3) The results of the paternity test will affect the |
2 | child's availability for adoption by the prospective adoptive |
3 | parent or parents. |
4 | (b) Disclosure.--When a birth parent or putative father is |
5 | aware of the results of a paternity test, and the prospective |
6 | adoptive parent or parents are entitled to the results under |
7 | subsection (a), the birth parent or putative father shall |
8 | disclose the results of the paternity test within 72 hours to |
9 | one of the following: |
10 | (1) The intermediary, who, upon disclosure by the birth |
11 | parent or putative father, shall immediately notify the |
12 | prospective adoptive parents. |
13 | (2) The prospective adoptive parents, if no intermediary |
14 | is involved. |
15 | (c) Liability for failure to disclose.--Prospective adoptive |
16 | parent or parents may commence an action in a court of common |
17 | pleas in this Commonwealth for appropriate relief of economic |
18 | damages incurred by the failure of a birth parent, putative |
19 | father or intermediary to comply with this section. If a court |
20 | finds that a birth parent, putative father or intermediary was |
21 | aware of the results of a paternity test and failed to disclose |
22 | them as required by this section, the court may award |
23 | compensation for economic damages to the prospective adoptive |
24 | parent or parents for expenses incurred after the time at which |
25 | disclosure was required, including: |
26 | (1) Attorney fees. |
27 | (2) Expenses permitted under section 2533(d) (relating |
28 | to report of intermediary). |
29 | (3) Expenses related to preparing to accept placement of |
30 | the child. |
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1 | (4) Expenses related to preparing to adopt the child. |
2 | (5) Any other expenses the court deems appropriate. |
3 | (d) Definitions.--As used in this section, the following |
4 | words and phrases shall have the meanings given to them in this |
5 | subsection unless the context clearly indicates otherwise: |
6 | "DNA." Deoxyribonucleic acid. |
7 | "Paternity test." A test especially of DNA, blood group |
8 | identification or other genetic traits to determine whether a |
9 | given man could be the biological father of a given child, the |
10 | accuracy of which test has been accepted in the scientific |
11 | community. The term includes tests conducted prior to the birth |
12 | of the child. |
13 | Section 2. This act shall take effect in 60 days. |
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