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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY PETRI, CALTAGIRONE, D. COSTA, DENLINGER, GEIST, MURT AND RAPP, FEBRUARY 4, 2011 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, FEBRUARY 4, 2011 |
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| AN ACT |
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1 | Amending Title 23 (Domestic Relations) of the Pennsylvania |
2 | Consolidated Statutes, in adoption, further providing for |
3 | hearing and for procedure for relinquishment of parental |
4 | rights. |
5 | The General Assembly of the Commonwealth of Pennsylvania |
6 | hereby enacts as follows: |
7 | Section 1. Section 2503 of Title 23 of the Pennsylvania |
8 | Consolidated Statutes is repealed: |
9 | [§ 2503. Hearing. |
10 | (a) General rule.--Upon presentation of a petition prepared |
11 | pursuant to section 2501 (relating to relinquishment to agency) |
12 | or section 2502 (relating to relinquishment to adult intending |
13 | to adopt child), the court shall fix a time for hearing which |
14 | shall not be less than ten days after filing of the petition. |
15 | The petitioner must appear at the hearing. |
16 | (b) Notice.-- |
17 | (1) At least ten days' notice of the hearing shall be |
18 | given to the petitioner, and a copy of the notice shall be |
19 | given to the other parent, to the putative father whose |
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1 | parental rights could be terminated pursuant to subsection |
2 | (d) and to the parents or guardian of a petitioner who has |
3 | not reached 18 years of age. |
4 | (2) The notice to the petitioner shall state the |
5 | following: |
6 | "To: (insert petitioner's name) |
7 | A petition has been filed asking the court to put an |
8 | end to all rights you have to your child (insert name of |
9 | child). The court has set a hearing to consider ending |
10 | your rights to your child. That hearing will be held in |
11 | (insert place, giving reference to exact room and |
12 | building number or designation) on (insert date) at |
13 | (insert time). Your presence is required at the hearing. |
14 | You have a right to be represented at the hearing by a |
15 | lawyer. You should take this paper to your lawyer at |
16 | once. If you do not have a lawyer or cannot afford one, |
17 | go to or telephone the office set forth below to find out |
18 | where you can get legal help. |
19 | (Name).................... |
20 | (Address)................. |
21 | .......................... |
22 | (Telephone number)........" |
23 | (3) The copy of the notice which is given to the |
24 | putative father shall state that his rights may also be |
25 | subject to termination pursuant to subsection (d) if he fails |
26 | to file either an acknowledgment of paternity or claim of |
27 | paternity pursuant to section 5103 (relating to |
28 | acknowledgment and claim of paternity) and fails to either |
29 | appear at the hearing for the purpose of objecting to the |
30 | termination of his rights or file a written objection to such |
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1 | termination with the court prior to the hearing. |
2 | (c) Decree.--After hearing, which shall be private, the |
3 | court may enter a decree of termination of parental rights in |
4 | the case of their relinquishment to an adult or a decree of |
5 | termination of parental rights and duties, including the |
6 | obligation of support, in the case of their relinquishment to an |
7 | agency. |
8 | (d) Putative father.--If a putative father will not file a |
9 | petition to voluntarily relinquish his parental rights pursuant |
10 | to section 2501 (relating to relinquishment to agency) or 2502 |
11 | (relating to relinquishment to adult intending to adopt child), |
12 | has been given notice of the hearing being held pursuant to this |
13 | section and fails to either appear at that hearing for the |
14 | purpose of objecting to termination of his parental rights or |
15 | file a written objection to such termination with the court |
16 | prior to the hearing and has not filed an acknowledgment of |
17 | paternity or claim of paternity pursuant to section 5103, the |
18 | court may enter a decree terminating the parental rights of the |
19 | putative father pursuant to subsection (c). |
20 | (e) Right to file personal and medical history |
21 | information.--At the time the decree of termination is |
22 | transmitted to the parent whose rights are terminated, the court |
23 | shall advise that parent, in writing, of his or her continuing |
24 | right to place and update personal and medical history |
25 | information, whether or not the medical condition is in |
26 | existence or discoverable at the time of adoption, on file with |
27 | the court and with the Department of Public Welfare pursuant to |
28 | section 2905(d) (relating to impounding of proceedings and |
29 | access to records).] |
30 | Section 2. Section 2504 heading, (a), (b) and (c) of Title |
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1 | 23 are amended to read: |
2 | § 2504. [Alternative procedure] Procedure for relinquishment. |
3 | (a) Petition to confirm consent to adoption.--If the parent |
4 | or parents of the child have executed consents to an adoption, |
5 | upon petition by the intermediary or, where there is no |
6 | intermediary, by the adoptive parent, the court shall [hold a |
7 | hearing for the purpose of confirming a] confirm the consent to |
8 | an adoption upon expiration of the time periods under section |
9 | 2711 (relating to consents necessary to adoption)[.] and, in the |
10 | case of relinquishment of parental rights to an adult, the court |
11 | may enter a decree of termination of parental rights or, in the |
12 | case of relinquishment of parental rights to an agency, a decree |
13 | of termination of parental rights and duties, including the |
14 | obligation of support. The original consent or consents to the |
15 | adoption shall be attached to the petition. |
16 | [(b) Hearing.--Upon presentation of a petition filed |
17 | pursuant to this section, the court shall fix a time for a |
18 | hearing which shall not be less than ten days after filing of |
19 | the petition. Notice of the hearing shall be by personal service |
20 | or by registered mail or by such other means as the court may |
21 | require upon the consenter and shall be in the form provided in |
22 | section 2513(b) (relating to hearing). Notice of the hearing |
23 | shall be given to the other parent or parents, to the putative |
24 | father whose parental rights could be terminated pursuant to |
25 | subsection (c) and to the parents or guardian of a consenting |
26 | parent who has not reached 18 years of age. The notice shall |
27 | state that the consenting parent's or putative father's rights |
28 | may be terminated as a result of the hearing. After hearing, |
29 | which shall be private, the court may enter a decree of |
30 | termination of parental rights in the case of a relinquishment |
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1 | to an adult or a decree of termination of parental rights and |
2 | duties, including the obligation of support, in the case of a |
3 | relinquishment to an agency.] |
4 | (c) Putative father.--If a putative father will not execute |
5 | a consent to an adoption as required by section 2711, has been |
6 | given notice of the hearing being held pursuant to [this |
7 | section] section 2513 (relating to hearing) and fails to either |
8 | appear at that hearing for the purpose of objecting to |
9 | termination of his parental rights or file a written objection |
10 | to such termination with the court prior to the hearing and has |
11 | not filed an acknowledgment of paternity or claim of paternity |
12 | pursuant to section 5103 (relating to acknowledgment and claim |
13 | of paternity), the court may enter a decree terminating the |
14 | parental rights of the putative father [pursuant to subsection |
15 | (b)]. |
16 | * * * |
17 | Section 3. This act shall take effect in 60 days. |
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