Title 23, DOMESTIC RELATIONS

(a) General rule.--When a report required by section 2531 (relating to report of intention to adopt) has been filed, the court shall cause an investigation to be made and a report filed by a local public child care agency, a voluntary child care agency with its consent or an appr…

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 Exc…

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 b…

(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 registratio…

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 i…

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…

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 tho…

The department shall promulgate necessary regulations and shall hire the staff which is necessary to implement this 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 p…

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…

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 exhibi…

(a) General rule.--Except as otherwise provided in this part, consent to an adoption shall be required of the following: (1) The adoptee, if over 12 years of age. (2) The spouse of the adopting parent, unless they join in the adoption petition. (3) The parents or surviving parent…

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…

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.

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 …

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 …

The hearing shall be private or in open court as the court deems appropriate.

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 …

(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 pers…

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…

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 c…

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 th…

(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…

If the child is 12 years of age or older, an agreement made under this subchapter may not be entered into without the child's consent.

(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 parti…

Failure to comply with the terms of an agreement that has been approved by the court pursuant to this subchapter shall not be grounds for setting aside an adoption decree.

(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 mus…

(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 o…

(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 …

(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 …

(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) N…

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 awa…

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 intermedia…

(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 …

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.

If requested by the petitioners, the decree may provide that the adoptee shall assume the name of the adopting parent or parents and any given first or middle names that may be chosen.

2010 Repeal. Section 2905 was repealed October 27, 2010, P.L.961, No.101, effective in 180 days.

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.

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 pro…

(a) Registration.--When a minor is adopted by a resident of this Commonwealth and a final decree of adoption is made or entered in conformity with the laws of a foreign country, the adopting parent shall file a properly authenticated copy of the foreign decree of adoption, a copy…

2010 Repeal. Section 2909 was repealed October 27, 2010, P.L.961, No.101, effective in 180 days.

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 provi…

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 records." All information collected by an agency relating to a birth family, an adoptive family and an adopte…

An individual authorized to receive both nonidentifying information and identifying information may file a single written request under Subchapter D (relating to release of information).

Any court or agency may charge reasonable fees for services provided under this chapter.

(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 …