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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY BENNINGHOFF, BOBACK, CALTAGIRONE, CLYMER, D. COSTA, DAVIS, DENLINGER, EVERETT, FARRY, FLECK, FRANKEL, GILLEN, GINGRICH, GROVE, HARHART, HARRIS, JOSEPHS, KAVULICH, KNOWLES, MILLARD, D. O'BRIEN, PICKETT, RAPP, K. SMITH, SONNEY, SWANGER AND VULAKOVICH, MARCH 7, 2011 |
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| REFERRED TO COMMITTEE ON CHILDREN AND YOUTH, MARCH 7, 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 | original birth record. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Section 2937 of Title 23 of the Pennsylvania |
7 | Consolidated Statutes, added October 27, 2010 (P.L. , No.101), |
8 | is amended to read: |
9 | § 2937. Original birth record. |
10 | (a) General rule.--No disclosure of information shall be |
11 | made by a court, an agency, the Department of Health or any |
12 | other Commonwealth agency regarding an adoptee's original birth |
13 | record or regarding the documents or proof on which an amended |
14 | certificate of birth is based or relating in any way to the |
15 | birth parents unless the disclosure is made pursuant to the |
16 | provisions of this section. |
17 | (b) Filing of consent to issue copy of summary of original |
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1 | birth record.-- |
2 | (1) The birth parents may, at the time their parental |
3 | rights are terminated or at any time thereafter, place on |
4 | file with the court and the Department of Health a consent |
5 | form granting permission for the court or the Department of |
6 | Health to issue a copy of the summary of the adoptee's |
7 | original birth record, which summary discloses the identity |
8 | of the birth parents, at any time after the adoptee turns 18 |
9 | years of age or, if less than 18 years of age, to the |
10 | adoptive parent or legal guardian. |
11 | (2) If only one birth parent has filed a consent, a copy |
12 | of the summary of the original birth record naming only the |
13 | consenting birth parent shall be issued. |
14 | (3) The consent of a birth parent may be withdrawn at |
15 | any time by filing a withdrawal of consent form with the |
16 | court and the Department of Health. |
17 | (c) Duty of Department of Health.--The Department of Health |
18 | shall prescribe by regulation the procedure and forms to be |
19 | utilized for the giving, updating and withdrawal of consent. |
20 | (d) Exception.--Notwithstanding the provisions of this |
21 | section, the Bureau of Vital Statistics of the Department of |
22 | Health shall disclose, at the written request of an adoptee, the |
23 | original or amended certificate of birth of the adoptee in |
24 | accordance with the provisions of the act of June 29, 1953 |
25 | (P.L.304, No.66), known as the Vital Statistics Law of 1953. |
26 | Section 2. This act shall take effect April 25, 2011, or in |
27 | 60 days, whichever is later. |
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