23 Pa.C.S. Ch. 29

23 Pa.C.S. Ch. 29
in effect

23 Pa.C.S. § 29 Construction of law.

Nothing in this act shall be construed or deemed to provide magisterial district judges with retirement benefits or rights that are different from those available to district justices or justices of the peace immediately prior to the effective date of this act. Nothing in this act shall be construed or deemed to provide senior magisterial district judges with retirement benefits or rights that are different from those available to senior district justices immediately prior to the effective date of this act. 2005, JULY 7, P.L.196, NO.43

23 Pa.C.S. § 2901 Time of entry of decree of adoption.

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 intermediary has been filed pursuant to section 2533 (relating to report of intermediary) and all other legal requirements have been met. If all legal requirements have been met, the court may enter a decree of adoption at any time. (June 23, 1982, P.L.617, No.174, eff. 60 days)

23 Pa.C.S. § 2902 Requirements and form of decree of adoption.

(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 directing that the person proposed to be adopted shall have all the rights of a child and heir of the adopting parent or parents and shall be subject to the duties of a child to him or them. (b) Withdrawal or dismissal of petition.--In any case in which the petition is withdrawn or dismissed, the court shall enter an appropriate order in regard to the custody of the child.

23 Pa.C.S. § 2903 Retention of parental status.

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. § 2904. Name of adoptee. 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.

23 Pa.C.S. § 2904

(ii) Where the court finds after a hearing under this chapter that the defendant has inflicted abuse upon the plaintiff or a child, the court may require supervised custodial access by a third party. The third party must agree to be accountable to the court for supervision and execute an affidavit of accountability. (iii) Where the court finds after a hearing under this chapter that the defendant has inflicted serious abuse upon the plaintiff or a child or poses a risk of abuse toward the plaintiff or a child, the court may: (A) award supervised visitation in a secure visitation facility; or (B) deny the defendant custodial access to a child. (iv) If a plaintiff petitions for a temporary order under section 6107(b) (relating to hearings) and the defendant has partial, shared or full custody of the minor children of the parties by order of court or written agreement of the parties, the custody shall not be disturbed or changed unless the court finds that the defendant is likely to inflict abuse upon the children or to remove the children from the jurisdiction of the court prior to the hearing under section 6107(a). Where the defendant has forcibly or fraudulently removed any minor child from the care and custody of a plaintiff, the court shall order the return of the child to the plaintiff unless the child would be endangered by restoration to the plaintiff. (v) Nothing in this paragraph shall bar either party from filing a petition for custody under Chapter 53 (relating to custody) or under the Pennsylvania Rules of Civil Procedure. (vi) In order to prevent further abuse during periods of access to the plaintiff and child during the exercise of custodial rights, the court shall consider, and may impose on a custody award, conditions necessary to assure the safety of the plaintiff and minor children from abuse. (5) After a hearing in accordance with section 6107(a), directing the defendant to pay financial support to those persons the defendant has a duty to support, requiring the defendant, under sections 4324 (relating to inclusion of medical support) and 4326 (relating to mandatory inclusion of child medical support), to provide health coverage for the minor child and spouse, directing the defendant to pay all of the unreimbursed medical expenses of a spouse or minor child of the defendant to the provider or to the plaintiff when he or she has paid for the medical treatment, and directing the defendant to make or continue to make rent or mortgage payments on the residence of the plaintiff to the extent that the defendant has a duty to support the plaintiff or other dependent household members. The support order shall be temporary, and any beneficiary of the order must file a complaint for support under the provisions of Chapters 43 (relating to support matters generally) and 45 (relating to reciprocal enforcement of support orders) within two weeks of the date of the issuance of the protection order. If a complaint for support is not filed, that portion of the protection order requiring the defendant to pay support is void. When there is a subsequent ruling on a complaint for support, the portion of the protection order requiring the defendant to pay support expires. (6) Prohibiting the defendant from having any contact with the plaintiff or minor children, including, but not limited to, restraining the defendant from entering the place of employment or business or school of the plaintiff or minor children and from harassing the plaintiff or plaintiff's relatives or minor children. (7) Prohibiting the defendant from acquiring or possessing any firearm for the duration of the order, ordering the defendant to temporarily relinquish to the sheriff or the appropriate law enforcement agency any firearms under the defendant's possession or control, and requiring the defendant to relinquish to the sheriff or the appropriate law enforcement agency any firearm license issued under section 6108.3 (relating to relinquishment to third party for safekeeping) or 18 Pa.C.S. § 6106 (relating to firearms not to be carried without a license) or 6109 (relating to licenses) the defendant may possess. The court may also order the defendant to relinquish the defendant's other weapons or ammunition that have been used or been threatened to be used in an incident of abuse against the plaintiff or the minor children. A copy of the court's order shall be transmitted to the chief or head of the appropriate law enforcement agency and to the sheriff of the county of which the defendant is a resident. When relinquishment is ordered, the following shall apply: (i) (A) The court's order shall require the defendant to relinquish such firearms, other weapons, ammunition and any firearm license pursuant to the provisions of this chapter within 24 hours of service of a temporary order or the entry of a final order or the close of the next business day as necessary by closure of the sheriffs' offices, except for cause shown at the hearing, in which case the court shall specify the time for relinquishment of any or all of the defendant's firearms. (B) A defendant subject to a temporary order requiring the relinquishment of firearms, other weapons or ammunition shall, in lieu of relinquishing specific firearms, other weapons or ammunition which cannot reasonably be retrieved within the time for relinquishment in clause (A) due to their current location, provide the sheriff or the appropriate law enforcement agency with an affidavit listing the firearms, other weapons or ammunition and their current location. If the defendant, within the time for relinquishment in clause (A), fails to provide the affidavit or fails to relinquish, pursuant to this chapter, any firearms, other weapons or ammunition ordered to be relinquished which are not specified in the affidavit, the sheriff or the appropriate law enforcement agency shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement authorities. The defendant shall not possess any firearms, other weapons or ammunition specifically listed in the affidavit provided to the sheriff or the appropriate law enforcement agency pursuant to this clause for the duration of the temporary order. (C) As used in this subparagraph, the term "cause" shall be limited to facts relating to the inability of the defendant to retrieve a specific firearm within 24 hours due to the current location of the firearm. (ii) The court's order shall contain a list of any firearm, other weapon or ammunition ordered relinquished. Upon the entry of a final order, the defendant shall inform the court in what manner the defendant is going to relinquish any firearm, other weapon or ammunition ordered relinquished. Relinquishment may occur pursuant to section 6108.2 (relating to relinquishment for consignment sale, lawful transfer or safekeeping) or 6108.3 or to the sheriff or the appropriate law enforcement agency pursuant to this paragraph. Where the sheriff or the appropriate law enforcement agency is designated, the sheriff or the appropriate law enforcement agency shall secure custody of the defendant's firearms, other weapons or ammunition and any firearm license listed in the court's order for the duration of the order or until otherwise directed by court order. In securing custody of the defendant's relinquished firearms, the sheriff or the appropriate law enforcement agency shall comply with 18 Pa.C.S. § 6105(f)(4) (relating to persons not to possess, use, manufacture, control, sell or transfer firearms). In securing custody of the defendant's other weapons and ammunition, the sheriff or the appropriate law enforcement agency shall provide the defendant with a signed and dated written receipt which shall include a detailed description of the other weapon or ammunition and its condition. The court shall inform the defendant that firearms, other weapons or ammunition shall be deemed abandoned when the conditions under 18 Pa.C.S. § 6128(a) (relating to abandonment of firearms, weapons or ammunition) are satisfied and may then be disposed of in accordance with 18 Pa.C.S. § 6128. (iii) The sheriff or the appropriate law enforcement agency shall provide the plaintiff with the name of the person to which any firearm, other weapon or ammunition was relinquished. (iv) Unless the defendant has complied with subparagraph (i)(B) or section 6108.2 or 6108.3, if the defendant fails to relinquish any firearm, other weapon, ammunition or firearm license within 24 hours or upon the close of the next business day due to closure of sheriffs' or appropriate law enforcement agencies' offices or within the time ordered by the court upon cause being shown at the hearing, the sheriff or the appropriate law enforcement agency shall, at a minimum, provide immediate notice to the court, the plaintiff and appropriate law enforcement agencies, as appropriate. (v) Any portion of any order or any petition or other paper which includes a list of any firearm, other weapon or ammunition ordered relinquished shall be kept in the files of the court as a permanent record thereof and withheld from public inspection except: (A) upon an order of the court granted upon cause shown; (B) as necessary, by law enforcement and court personnel; or (C) after redaction of information listing any firearm, other weapon or ammunition. (vi) As used in this paragraph, the term "defendant's firearms" shall, if the defendant is a licensed firearms dealer, only include firearms in the defendant's personal firearms collection pursuant to 27 CFR § 478.125a (relating to personal firearms collection). (7.1) If the defendant is a licensed firearms dealer, ordering the defendant to follow such restrictions as the court may require concerning the conduct of his business, which may include ordering the defendant to relinquish any Federal or State license for the sale, manufacture or importation of firearms as well as firearms in the defendant's business inventory. In restricting the defendant pursuant to this paragraph, the court shall make a reasonable effort to preserve the financial assets of the defendant's business while fulfilling the goals of this chapter. (8) Directing the defendant to pay the plaintiff for reasonable losses suffered as a result of the abuse, including medical, dental, relocation and moving expenses; counseling; loss of earnings or support; costs of repair or replacement of real or personal property damaged, destroyed or taken by the defendant or at the direction of the defendant; and other out-of-pocket losses for injuries sustained. In addition to out-of-pocket losses, the court may direct the defendant to pay reasonable attorney fees. An award under this chapter shall not constitute a bar to litigation for civil damages for injuries sustained from the acts of abuse giving rise to the award or a finding of contempt under this chapter. (9) Directing the defendant to refrain from stalking or harassing the plaintiff and other designated persons as defined in 18 Pa.C.S. §§ 2709 (relating to harassment) and 2709.1 (relating to stalking). (9.1) Granting temporary ownership rights over a companion animal and directing the defendant to refrain from possessing, contacting, attempting to contact, transferring or relocating the companion animal or contacting or entering the property of any person sheltering the companion animal. (10) Granting any other appropriate relief sought by the plaintiff. (a.1) Final order or agreement.--The following apply: (1) Any final order must direct the defendant to refrain from abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the plaintiff or minor children and must order that the defendant is subject to the firearms, other weapons or ammunition and firearms license prohibition relinquishment provisions under subsection (a)(7). (2) A final agreement may direct the defendant to refrain from abusing, harassing, stalking, threatening or attempting or threatening to use physical force against the plaintiff, minor children or companion animal and may order that the defendant is subject to the firearms, other weapons or ammunition and firearms license prohibition and relinquishment provisions under subsection (a)(7). (b) Identifying information.--Any order issued under this section shall, where furnished by either party, specify the Social Security number and date of birth of the defendant. (c) Mutual orders of protection.--Mutual orders of protection shall not be awarded unless both parties have filed timely written petitions, complied with service requirements under section 6106 (relating to commencement of proceedings) and are eligible for protection under this chapter. The court shall make separate findings and, where issuing orders on behalf of both petitioners, enter separate orders. (d) Duration and amendment of order or agreement.--A protection order or approved consent agreement shall be for a fixed period of time not to exceed three years. The court may amend its order or agreement at any time upon subsequent petition filed by either party. (e) Extension of protection orders.-- (1) An extension of a protection order may be granted: (i) Where the court finds, after a duly filed petition, notice to the defendant and a hearing, in accordance with the procedures set forth in sections 6106 and 6107, that the defendant committed one or more acts of abuse subsequent to the entry of the final order or that the defendant engaged in a pattern or practice that indicates continued risk of harm to the plaintiff, minor child or companion animal. (ii) When a contempt petition or charge has been filed with the court or with a hearing officer in Philadelphia County, but the hearing has not occurred before the expiration of the protection order, the order shall be extended, at a minimum, until the disposition of the contempt petition and may be extended for another term beyond the disposition of the contempt petition. (iii) If the plaintiff files a petition for an extension of the order and the defendant is or was incarcerated and will be released from custody in the next 90 days or has been released from custody within the past 90 days. The plaintiff does not need to show that the defendant committed one or more acts of abuse subsequent to the entry of the order or that the defendant engaged in a pattern or practice that indicates continued risk of harm to the plaintiff or minor children as set forth in subparagraph (i). (2) Service of an extended order shall be made in accordance with section 6109 (relating to service of orders). (3) There shall be no limitation on the number of extensions that may be granted. (f) Support procedure.--The domestic relations section shall enforce any support award in a protection order where the plaintiff files a complaint for support under subsection (a)(5). (g) Notice.--Notice shall be given to the defendant, in orders issued under this section, stating that violations of an order will subject the defendant to arrest under section 6113 (relating to arrest for violation of order) or contempt of court under section 6114 (relating to contempt for violation of order or agreement). Resumption of coresidency on the part of the plaintiff and defendant shall not nullify the provisions of the court order. (h) Title to real property unaffected.--No order or agreement under this chapter shall in any manner affect title to any real property. (i) Third parties and affidavits.--A court requiring relinquishment of firearms under this section shall provide for the hearing of petitions by third parties who request the return of a firearm relinquished by the defendant under subsection (a)(7). The following apply: (1) A third party claiming to be the lawful owner of a firearm relinquished by the defendant under subsection (a)(7) may request the return of the firearm by providing proof of ownership and a sworn affidavit. (2) The affidavit under paragraph (1) must affirm all of the following: (i) The third party who is the lawful owner will not intentionally or knowingly return to the defendant the firearm or allow access to the firearm by the defendant. (ii) The third party who is the lawful owner understands that violating subparagraph (i) constitutes a misdemeanor of the second degree under 18 Pa.C.S. Ch. 61 (relating to firearms and other dangerous articles). (iii) If the third party who is the lawful owner is a family or household member of the defendant, any firearm returned under this section must be stored in a gun safe to which the defendant does not have access and will not be permitted to access, or stored in a location outside the third party's home to which the defendant does not have access. (3) If the court orders the return of a firearm under this section, prior to the return of the firearm, the sheriff shall independently confirm that the person seeking relief under this section is legally eligible to possess firearms under Federal and State law. The sheriff shall conduct the background check as soon as practicable after the court enters an order under this section. (j) 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: "Companion animal." An animal not used in commercial agriculture or production which is owned, kept, leased, possessed or held by the petitioner or respondent or a minor child of either. (June 23, 1993, P.L.124, No.28, eff. imd.; Oct. 6, 1994, P.L.574, No.85, eff. 60 days; Dec. 16, 1997, P.L.549, No.58, eff. 60 days; May 10, 2000, P.L.35, No.10, eff. imd.; Dec. 9, 2002, P.L.1759, No.218, eff. 60 days; Nov. 10, 2005, P.L.335, No.66, eff. 180 days; Oct. 12, 2018, P.L.519, No.79, eff. 180 days; Nov. 18, 2024, P.L.1184, No.146, eff. 60 days) 2024 Amendment. Act 146 amended subsecs. (a.1)(2) and (e)(1)(i) and added subsecs. (a)(9.1) and (j). 2018 Amendment. Act 79 amended subsec. (a) intro. par. and (7) and added subsecs. (a.1), (e)(1)(iii) and (i). Act 79 shall apply to orders issued pursuant to 23 Pa.C.S. § 6108 on or after the effective date of section 11 of Act 79. References in Text.

23 Pa.C.S. § 2905 Impounding of proceedings and access to records (Repealed).

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

23 Pa.C.S. § 2906 Docket entries.

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.

23 Pa.C.S. § 2907 Certificate of adoption.

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 proceedings in this Commonwealth as evidence of the fact that the adoption has been granted. Cross References. Section 2907 is referred to in section 2908 of this title.

23 Pa.C.S. § 2908 Foreign decree of adoption.

(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 of the child's visa and either the child's birth certificate or some form of birth identification with the clerk of the court in the county of residence of the parent. If the foreign decree of adoption is not in English, the adopting parent shall also file a certified English translation. If no birth certificate or birth identification can be obtained, the adopting parent shall include an affidavit stating the reason therefor. (b) Foreign adoption registration form.--The court shall develop a foreign adoption registration form and instructions for its use. The adopting parent or parents shall sign the foreign adoption registration form indicating that they have read and understand the information provided. (c) Contents of form.-- (1) The form shall include statements indicating that the foreign adoption may not be a full and final adoption if: (i) Both parents, or just the sole parent if only one parent is adopting, were not present for the adoption hearing in the foreign country. (ii) The foreign court did not enter a final adoption decree or its equivalent. (iii) The child's visa is not the type that would afford the child full United States citizenship. (2) The form shall notify the adopting parent or parents that an adoption decree may be obtained from the Commonwealth if the documents filed in subsection (a) are reviewed by the court and the court determines the foreign adoption was full and final. (3) At the time of filing, a copy of the foreign decree of adoption and a certified English translation, if necessary, the child's visa and either the child's birth certificate or some form of birth identification shall be attached to the foreign registration form and submitted to the clerk of court. (d) Foreign adoption review.--In cases where the court determines the foreign adoption was full and final, the court shall direct the clerk to enter upon the docket an entry showing the foreign court identification of the proceedings in that court and the date of the decree. The clerk shall issue to the parent a certificate of adoption as defined in section 2907 (relating to certificate of adoption). The clerk shall also send documentation to the Department of Health. No hearing shall be required prior to the issuance of the certificate of adoption, and the parent shall not be required to obtain counsel. (e) Readoption.--The court shall develop a standard petition, a standard court order and instructions for their use for occasions when a child must be readopted to finalize the adoption. The clerk shall provide the adopting parent with the standardized information. (f) Records.--All documents required in subsection (a) as well as any other accompanying documents shall be kept in the files of the court as a permanent record and shall be withheld from inspection except on order of court granted upon cause shown. Information identifying the birth parents of the adoptee shall not be required. The clerk may charge a filing fee in accordance with the court's regular fee schedule as approved by the president judge. (July 7, 2006, P.L.618, No.96, eff. 60 days)

23 Pa.C.S. § 2909 Medical history information (Repealed).

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

23 Pa.C.S. § 2910 Penalty for unauthorized disclosure.

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 provided in this chapter, commits a misdemeanor of the third degree. (Dec. 12, 1984, P.L.979, No.195, eff. 60 days; Dec. 20, 1995, P.L.685, No.76, eff. 60 days) References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

23 Pa.C.S. § 2911 Definitions.

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 adoptee. "Authorization form." A form provided by the department on which an adoptee, an adoptive parent or a birth relative can authorize or prohibit the release of identifying information pursuant to the requirements of this chapter. "Authorized representative." An individual who is appointed to conduct a search under this chapter and who has completed a standardized training program as required by the department under this chapter. "Court records." All petitions, exhibits, reports, notes of testimony, decrees and other papers pertaining to a proceeding under this chapter or former statutes relating to adoption. "Department." The Department of Public Welfare of the Commonwealth. "Medical history information." Medical records and other information concerning an adoptee or an adoptee's birth family that is relevant to the present or future health care or medical treatment of the adoptee or the adoptee's birth family. The term includes, but is not limited to, the following: (1) Otherwise confidential or privileged information, if identifying information has been removed under section 2925 (relating to providing information from registry). (2) Information about the birth parents of a child that may concern a potential hereditary or congenital medical problem. "Noncertified copy of original birth record." A summary of original birth record, similar in form to a certified copy of an original birth record and consisting of only the names and ages of the birth parents, the date and county of the birth of the child and the name given to the child at birth. "Social history information." The term includes, but is not limited to, the following: (1) Information about the adoptee and birth relatives of the adoptee, including economic, cultural and ethnic information. (2) A developmental history of the adoptee, including the circumstances at birth, early development and subsequent age-appropriate task development. (3) The social experiences of the adoptee, including abuse and neglect, out-of-home care and patterns of interpersonal relationships. (4) The educational experiences of the adoptee, including the name of schools attended and dates of enrollment, academic performance, extracurricular activities and special interests. (5) The current functioning of the adoptee, including behavioral patterns and relationships. (6) The circumstances surrounding the adoption. "Summary of original birth record." (Deleted by amendment). (Nov. 3, 2016, P.L.993, No.127, eff. imd.) 2016 Amendment. Act 127 added the def. of "noncertified copy of original birth record" and deleted the def. of "summary of original birth record." References in Text. The Department of Public Welfare, referred to in this section, was redesignated as the Department of Human Services by Act 132 of 2014.

23 Pa.C.S. § 2912 Combined request for information.

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).

23 Pa.C.S. § 2913 Reasonable fees.

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

23 Pa.C.S. § 2914 Immunity from liability.

(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 act under this chapter. (b) Presumption of good faith.--For the purpose of a civil proceeding, the good faith of any person or agency that provides services pursuant to this chapter is presumed.

23 Pa.C.S. § 2915 Court and agency records.

(a) General rule.--All court and agency records shall be maintained as a permanent record and withheld from inspection except as provided under this chapter. (b) Who may access court or agency records.--Only the following are authorized to access court or agency records for the purpose of releasing nonidentifying or identifying information under this chapter: (1) The court which finalized the adoption. (2) The agency that coordinated the adoption. (3) A successor agency authorized by the court which finalized the adoption. (c) Disposition of agency records upon closure.-- (1) As soon as practicable, but not less than 30 days prior to the date on which an agency ceases to operate as a legal entity in this Commonwealth, the agency shall, unless it has applied to operate as a new legal entity, notify the department of its intention to cease operating. (2) Within this time period, the agency shall submit a plan to the department relating to the closure and transfer of case records to another agency. The plan shall be subject to approval by the department. (3) In preparation for its closure and transfer of case records, the agency shall label its case records to identify the respective court that finalized an adoption or where a petition to terminate parental rights or to adopt has been filed. (4) The department shall notify each court so identified by the agency of the name, address and telephone number of the agency to which case records have been transferred.

23 Pa.C.S. § 2916 Attorney records.

An attorney representing a party to an adoption proceeding or acting as counsel or guardian ad litem for a child in a proceeding under this part may forward records and information relating to the child, the child's birth family and the adoptive family to the court which finalized the adoption, as established by general rule by the Supreme Court. Such records and information shall be treated as court records for purposes of this chapter.

23 Pa.C.S. § 2921 Establishment of registry.

The department shall do all of the following: (1) Establish a Statewide confidential registry for the receipt, filing and retention of medical and social history information and authorization forms for all adoptions finalized or registered in this Commonwealth. (2) Prescribe and distribute forms on which an adoptee, an adoptive parent and a birth parent may: (i) Request identifying information or contact. (ii) Authorize or refuse to authorize the release of identifying information or contact. (iii) File and update information with the registry. (3) Retain information filed with the registry as a permanent record. (4) Disseminate the information pursuant to the requirements of this subchapter.

23 Pa.C.S. § 2922 Informational material.

The department shall publicize the availability of the registry and the manner in which information may be filed with and obtained from the registry.

23 Pa.C.S. § 2923 Filing information with registry.

An adoptee, an adoptive parent and a birth parent may at any time file and update medical and social history information with the registry on a form developed by the department.

23 Pa.C.S. § 2924 Who may request information from registry.

The following individuals may request information from the registry: (1) An adoptee who is at least 18 years of age. (2) An adoptive parent of an adoptee who is under 18 years of age, adjudicated incapacitated or deceased. (3) A legal guardian of an adoptee who is under 18 years of age or adjudicated incapacitated. (4) A descendant of a deceased adoptee. (5) The birth parent of an adoptee who is at least 21 years of age. (6) A parent of a birth parent of an adoptee who is at least 21 years of age if the birth parent consents, is adjudicated incapacitated or is deceased. (7) A birth sibling of an adoptee, if both the birth sibling and adoptee are at least 21 years of age, and: (i) the birth sibling remained in the custody of the birth parent and the birth parent consents, is deceased or adjudicated incapacitated; (ii) both the birth sibling and adoptee were adopted out of the same birth family; or (iii) the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent.

23 Pa.C.S. § 2925 Providing information from registry.

(a) Nonidentifying information.--Nonidentifying information, if available, shall be provided to the requester within 30 days of the request. (b) Identifying information.-- (1) If an authorization form is on file, the department shall notify the requester within 30 days of the request whether information may be released. (2) If there is no authorization on file, the department shall designate an authorized representative to: (i) Use reasonable efforts to locate the subject of the request. (ii) If the subject of the request is located, obtain written authorization from the subject before any information is released. (c) Confidentiality of information.--In conducting a search, the court or agency shall ensure that no individual, other than a birth parent, is informed of the adoptee's existence and relationship to the birth parent. (d) When inquiry not mandatory.--An authorized representative of the court or agency conducting a search may not make an inquiry which the representative reasonably believes may compromise the confidentiality relating to the relationship between the adoptee and a birth parent of the adoptee. (e) Authorization form.--An authorization form allowing the release of identifying information may be withdrawn at any time by the individual who signed the authorization form. (f) Editing information.--Before the release of information from the registry, the department shall remove any identifying information, unless authorized in writing by the subject of the information to release the identifying information. Cross References. Section 2925 is referred to in section 2911 of this title.

23 Pa.C.S. § 2926 Rules and regulations.

The department shall promulgate rules and regulations necessary to implement this subchapter. The department may request, but shall not require, an agency to submit medical and social history information for adoptions finalized or registered in this Commonwealth prior to the effective date of this subchapter.

23 Pa.C.S. § 2931 Access to information.

(a) Who may access information.--The following individuals may file a written request for nonidentifying information or identifying information or contact with the court which finalized the adoption, the agency which coordinated the adoption or a successor agency: (1) An adoptee who is at least 18 years of age. (2) An adoptive parent of an adoptee who is: (i) under 18 years of age; (ii) adjudicated incapacitated and is 18 years of age or older; or (iii) deceased. (3) A legal guardian of an adoptee who is under 18 years of age or adjudicated incapacitated. (4) A descendant of a deceased adoptee. (5) A birth parent of an adoptee who is 21 years of age or older. (6) A parent of a birth parent of an adoptee who is 21 years of age or older, if the birth parent consents, is adjudicated incapacitated or is deceased. (7) A birth sibling of an adoptee, if both the birth sibling and adoptee are 21 years of age or older and: (i) the birth sibling remained in the custody of the birth parent and the birth parent consents, is deceased or adjudicated incapacitated; (ii) both the birth sibling and the adoptee were adopted out of the same birth family; or (iii) the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent. (b) Who may be the subject of a request for information.--An individual enumerated under subsection (a) may request nonidentifying or identifying information regarding or contact with the following individuals: (1) An adoptee who is 21 years of age or older. (2) A birth parent of an adoptee. (3) A parent of a birth parent of an adoptee who is 21 years of age or older, if the birth parent consents, is adjudicated incapacitated or is deceased. (4) A birth sibling of an adoptee, if both the birth sibling and the adoptee are 21 years of age or older and: (i) the birth sibling remained in the custody of the birth parent and the birth parent consents, is deceased or adjudicated incapacitated; (ii) both the birth sibling and the adoptee were adopted out of the same birth family; or (iii) the birth sibling was not adopted out of the birth family and did not remain in the custody of the birth parent.

23 Pa.C.S. § 2932 Nonidentifying information.

(a) Notice of receipt of request.--When the court or agency receives a written request for nonidentifying information, it shall, within 30 days, notify the individual requesting the information of its receipt of the request. (b) Furnishing nonidentifying information.--The court or agency shall, within 120 days, review its records and furnish to the requester any information concerning the adoption that will not compromise the confidentiality of the relationship between the adoptee and the adoptee's birth parent.

23 Pa.C.S. § 2933 Identifying information.

(a) Notice of availability of records.--The court or agency shall, within 120 days of receiving a written request for identifying information or contact, do all of the following: (1) Determine whether it has in its possession any records relating to the adoptee. (2) Conduct a good faith search for identifying information, which search shall be commenced within 120 days. The search for information shall only be conducted by an authorized representative appointed by: (i) the court in which the adoption was finalized; (ii) the agency that coordinated the adoption; (iii) a successor, by merger or acquisition, of the agency that coordinated the adoption; or (iv) if neither the agency nor a successor exists, by an agency authorized by the court. The authorized representative shall review the court and agency record for identifying information regarding the birth or adoptive family and shall determine whether an authorization form has been filed with the court or agency. (3) Notify any other court or agency listed in its records of the existence of the request for identifying information. (4) Ask any other court or agency listed in its records to advise if an authorization form has been filed. (5) Contact the information registry established under Subchapter C (relating to information registry), advise the registry of the request for identifying information and ask whether an authorization form has been filed. (6) Notify the requesting individual of its findings pursuant to this subsection. (b) No authorization form.--If an applicable authorization form is not located, all of the following apply: (1) The authorized representative shall use reasonable efforts to locate the subject of the search. (2) If the subject of the search is located, the authorized representative shall obtain written authorization from the subject before any identifying information is released or contact between the parties is made. (3) If the requester is an adoptee seeking the identity of a birth parent, the identity of a deceased birth parent may be disclosed. (4) If the requester is an adoptee seeking the identity of both birth parents and only one birth parent agrees to the disclosure, only the information relating to that birth parent shall be disclosed. (c) Withdrawal of authorization form.--An individual may withdraw the individual's authorization form at any time.

23 Pa.C.S. § 2934 Statement of medical and social history information.

(a) Filing places.--A statement regarding medical and social history information may be filed with the following: (1) The court that terminated parental rights. (2) The court that finalized the adoption. (3) The agency that coordinated the adoption. (4) The information registry established under Subchapter C (relating to information registry). (b) Individuals authorized to file and request.--The following individuals may at any time file, update and request a statement regarding medical and social history information: (1) An adoptee who is 18 years of age or older. (2) An adoptive parent or legal guardian of an adoptee who is under 18 years of age or adjudicated incapacitated. (3) A descendant of a deceased adoptee. (4) A birth parent. (5) A legal guardian of an adjudicated incapacitated birth parent. (6) A survivor of a deceased birth parent. (c) Maintenance of record.--A statement regarding medical and social history information shall be maintained as a permanent record. (d) Forwarding statement.--If a statement regarding medical and social history information is filed in the court that terminated parental rights, a copy of the statement shall be forwarded to the court that finalized the adoption and the information registry established under Subchapter C. (e) Notice of filing.-- (1) Within 30 days of filing of a statement regarding medical and social history information, the court, agency or information registry shall give notice of its receipt to the individual who filed the statement. (2) Within 120 days after a statement is filed, the court, agency or information registry shall give notice of the filing to the individual who is at least 21 years of age and to whom the information is intended to benefit, if known or identified in its records. (f) Request for information.-- (1) When the court or agency receives a written request for medical and social history information, it shall notify the requester within 120 days whether it possesses any medical and social history information relating to the adoption. (2) Within 120 days of locating medical and social history information, the court or agency shall do the following: (i) For nonidentifying information, review and furnish to the requester any medical and social history information that will not compromise the confidentiality of the relationship between the adoptee and the adoptee's birth parent. (ii) For identifying information, if an authorization form is on file with the court, agency or information registry, furnish to the requester the available identifying information in its records. (g) No information or authorization form on file.--If a court or agency receives a request for medical and social history information and finds that no such information is in its records or that no authorization form is on file, the court or agency shall do the following: (1) Contact the subject of the request and ask that the subject: (i) provide nonidentifying information for the benefit of the requester; or (ii) file an authorization form. (2) If the subject of the request cannot be located from information contained in the court records, appoint an authorized representative to use reasonable efforts to locate the subject. (3) If nonidentifying information is provided by the subject of the request, provide the nonidentifying information to the requester. (4) If an authorization form is filed, provide identifying information to the requester. (h) Deceased birth parent.--If the requester is an adoptee seeking information about a birth parent and the birth parent is deceased, any information on file regarding the deceased birth parent may be disclosed.

23 Pa.C.S. § 2935 Confidentiality.

(a) General rule.--In conducting a search, the court or agency shall ensure that no individual, other than a birth parent, is informed of the adoptee's existence and relationship to the birth parent of the adoptee. (b) When inquiry not mandatory.--An authorized representative of the court or agency conducting a search may not make an inquiry which the representative reasonably believes may compromise the confidentiality relating to the relationship between the adoptee and a birth parent of the adoptee.

23 Pa.C.S. § 2936 Refusal to search.

(a) Agency.-- (1) If an agency is satisfied that a request could cause physical or emotional harm to the requesting individual or others, the agency may decline to conduct a search to determine whether an individual will authorize the disclosure of identifying information or contact under this chapter. (2) An agency may decline to commence or conduct a search required under this chapter if the requester fails to pay the reasonable costs associated with commencing or conducting the search. (3) (i) An agency that declines to conduct a search shall refer the request to the court that finalized the adoption and inform the court of its reasons for declining the request. (ii) The agency shall notify the requester of the referral and identify the court to which the referral was made. (b) Court.-- (1) If a court is satisfied that a request could cause physical or emotional harm to the requesting individual or others, the court receiving a request for identifying information or contact may decline to perform a search. (2) A court that declines to conduct a search shall inform the requesting individual of its decision in writing and of the procedures for appeal of that decision.

23 Pa.C.S. § 2937 Original birth record.

(a) General rule.--Notwithstanding any other provision of law, an adoptee who is at least 18 years of age and who has graduated from high school, completed a General Educational Development program or has legally withdrawn from secondary schooling or, if the adoptee is deceased, the adoptee's descendants, may apply to the Department of Health for the adoptee's noncertified copy of original birth record. Subject to subsections (b) and (c), the Department of Health shall issue a noncertified copy of original birth record within 45 days of receipt of an application if the application complies with the requirements of subsection (d). (b) Contact preference.--The Department of Health shall develop and, upon request, make available to each birth parent named on the original birth certificate a contact preference form on which the birth parent may state a preference regarding contact by an adoptee who is the birth child of the birth parent. Upon such request, the Department of Health shall also provide the birth parent with an updated medical history form, which shall be completed and returned, together with the completed contact preference form, by the birth parent to the Department of Health. The contact preference form shall provide the birth parent with options, in substantially the following form, from which the birth parent shall select one: (1) I would like to be contacted. I have completed the contact preference form and an updated medical history form and am filing them with the Department of Health. (2) I would prefer to be contacted only through an intermediary. I have completed the contact preference form and an updated medical history form and am filing them with the Department of Health. (3) Do not contact me. I may change this preference by filling out another contact preference form. I have completed the contact preference form and an updated medical history form and am filing them with the Department of Health. (c) Redaction request form.--A birth parent may request that the birth parent's name be redacted from a noncertified copy of original birth record issued to an adoptee in accordance with the following: (1) The Department of Health shall prescribe a birth parent's name redaction request form. The form shall include all of the following: (i) Information about the procedures and requirements for a birth parent to do either of the following: (A) Have the form placed in the adoption file of the adoptee who is the birth child of the birth parent so that the birth parent's name is redacted from the noncertified copy of original birth record issued to the adoptee. (B) Have the form removed from the adoption file of the adoptee if the birth parent later decides to permit the birth parent's name to be included on the noncertified copy of original birth record. (ii) Provisions necessary for the Department of Health to be able to identify the adoption file of the adoptee to whom the form pertains. (iii) A place for the birth parent to attest that the birth parent is the birth parent of the adoptee to whom the form pertains. (2) The Department of Health shall make a birth parent's name redaction request form available upon request following the effective date of this subsection. The Department of Health shall accept a name redaction request form if all of the following apply: (i) The form has been notarized. (ii) The birth parent provides two items of identification of the birth parent. (iii) If a medical history for the birth parent was not previously prepared, or the medical history was prepared but needs to be updated, the birth parent does the following, as appropriate: (A) Completes a medical history form. (B) Updates the birth parent's medical history information. (iv) The Department of Health is satisfied that the form has been substantially completed. (3) The Department of Health shall file an accepted name redaction request form in the adoption file of the adoptee to whom the form pertains. (4) A birth parent may request at any time that the Department of Health remove the name redaction request form from the adoption file of the adoptee to whom the form pertains. The Department of Health shall remove the form if the birth parent provides the department all of the following: (i) Two items of identification of the birth parent. (ii) Information the Department of Health needs to be able to identify the adoption file of the adoptee to whom the form pertains. (iii) A notarized attestation that the birth parent is the birth parent of the adoptee to whom the form pertains. (5) A name redaction request form removed from an adoption file shall be destroyed. (6) The Department of Health shall include on its Internet website information about birth parents' name redaction request forms. All of the following information shall be provided: (i) The purpose of the form. (ii) The procedures to be followed and requirements to be met for the Department of Health to accept the form. (iii) The date when birth parents may begin to file the form with the Department of Health. (iv) The procedures to be followed and requirements to be met for having the form removed from an adoption file. (v) Any other information the Department of Health considers necessary. (7) If the birth parent dies after submitting a name redaction request form, a noncertified copy of original birth record may be provided to the adoptee without redaction of the deceased birth parent's name. (d) Application.--An application under subsection (a) shall be in a form acceptable to the Department of Health and shall include the following information: (1) The adoptee's current name and name assumed at the time of adoption. (2) The adoptee's address. (3) The adoptee's age and date of birth. (4) The adoptee's gender at birth. (5) Proof of identification. (6) The adoptee's telephone number. (7) Any other information required by the Department of Health, but only to the extent the information is necessary for the Department of Health to verify the identity of the applicant, locate the relevant records or provide the adoptee's noncertified copy of original birth record to the adoptee. (e) Application procedures.--The Department of Health shall develop policies and procedures necessary to comply with this section within 210 days of the effective date of this subsection. (f) Fee.--The Department of Health may charge a fee for issuing a noncertified copy of original birth record as required by this section. The fee charged shall not exceed the fee for a certified copy of an original birth record provided in section 609-A of the act of April 9, 1929 (P.L.177, No.175), known as The Administrative Code of 1929. (g) Construction.--Nothing in this section shall be construed to permit disclosure of an adoptee's birth record to the birth parents of an adoptee. (Nov. 3, 2016, P.L.993, No.127) 2016 Amendment. Act 127 amended the entire section, effective immediately as to subsec. (e) and in one year as to the remainder of the section.

23 Pa.C.S. § 2938 Rules and regulations.

The department shall promulgate rules and regulations implementing a standardized training program for court-appointed and agency-appointed authorized representatives conducting searches under this subchapter.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://www.palegis.us/statutes/consolidated/view-statute?txtType=HTM&ttl=23Fetched: 10/16/2026

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