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Hearing - 23 Pa. Cons. Stat. § 2503Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 2503. Hearing.
(a) General rule.--Upon presentation of a petition prepared
pursuant to section 2501 (relating to relinquishment to agency)
or section 2502 (relating to relinquishment to adult intending
to adopt child), the court shall fix a time for hearing which
shall not be less than ten days after filing of the petition.
The petitioner must appear at the hearing.
(b) Notice.--
(1) At least ten days' notice of the hearing shall be
given to the petitioner, and a copy of the notice shall be
given to the other parent, to the putative father whose
parental rights could be terminated pursuant to subsection
(d) and to the parents or guardian of a petitioner who has
not reached 18 years of age.
(2) The notice to the petitioner shall state the
following:
"To: (insert petitioner's name)
A petition has been filed asking the court to put an
end to all rights you have to your child (insert name of
child). The court has set a hearing to consider ending
your rights to your child. That hearing will be held in
(insert place, giving reference to exact room and
building number or designation) on (insert date) at
(insert time). Your presence is required at the hearing.
You have a right to be represented at the hearing by a
lawyer. You should take this paper to your lawyer at
once. If you do not have a lawyer or cannot afford one,
go to or telephone the office set forth below to find out
where you can get legal help.
(Name)....................
(Address).................
..........................
(Telephone number)........"
(3) The copy of the notice which is given to the
putative father shall state that his rights may also be
subject to termination pursuant to subsection (d) if he fails
to file either an acknowledgment of paternity or claim of
paternity pursuant to section 5103 (relating to
acknowledgment and claim of paternity) and fails to either
appear at the hearing for the purpose of objecting to the
termination of his rights or file a written objection to such
termination with the court prior to the hearing.
(c) Decree.--After hearing, which shall be private, the
court may enter a decree of termination of parental rights in
the case of their relinquishment to an adult or a decree of
termination of parental rights and duties, including the
obligation of support, in the case of their relinquishment to an
agency.
(d) Putative father.--If a putative father will not file a
petition to voluntarily relinquish his parental rights pursuant
to section 2501 (relating to relinquishment to agency) or 2502
(relating to relinquishment to adult intending to adopt child),
has been given notice of the hearing being held pursuant to this
section and fails to either appear at that hearing for the
purpose of objecting to termination of his parental rights or
file a written objection to such termination with the court
prior to the hearing and has not filed an acknowledgment of
paternity or claim of paternity pursuant to section 5103, the
court may enter a decree terminating the parental rights of the
putative father pursuant to subsection (c).
(e) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent whose rights are terminated, the court
shall advise that parent, in writing, of his or her continuing
right to place and update personal and medical history
information, whether or not the medical condition is in
existence or discoverable at the time of adoption, on file with
the court and with the Department of Public Welfare pursuant to
section 2905(d) (relating to impounding of proceedings and
access to records).
(June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992,
P.L.228, No.34, eff. 60 days; Dec. 20, 1995, P.L.685, No.76,
eff. 60 days)
1995 Amendment. Act 76 amended subsec. (e).
Cross References. Section 2503 is referred to in section
2505 of this title.
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Last modified: November 27, 2007 |