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Alternative procedure for relinquishment - 23 Pa. Cons. Stat. § 2504Legal Research Home > Pennsylvania Statutes Sponsored Links
§ 2504. Alternative procedure for relinquishment.
(a) Petition to confirm consent to adoption.--If the parent
or parents of the child have executed consents to an adoption,
upon petition by the intermediary or, where there is no
intermediary, by the adoptive parent, the court shall hold a
hearing for the purpose of confirming a consent to an adoption
upon expiration of the time periods under section 2711 (relating
to consents necessary to adoption). The original consent or
consents to the adoption shall be attached to the petition.
(b) Hearing.--Upon presentation of a petition filed pursuant
to this section, the court shall fix a time for a hearing which
shall not be less than ten days after filing of the petition.
Notice of the hearing shall be by personal service or by
registered mail or by such other means as the court may require
upon the consenter and shall be in the form provided in section
2513(b) (relating to hearing). Notice of the hearing shall be
given to the other parent or parents, to the putative father
whose parental rights could be terminated pursuant to subsection
(c) and to the parents or guardian of a consenting parent who
has not reached 18 years of age. The notice shall state that the
consenting parent's or putative father's rights may be
terminated as a result of the hearing. After hearing, which
shall be private, the court may enter a decree of termination of
parental rights in the case of a relinquishment to an adult or a
decree of termination of parental rights and duties, including
the obligation of support, in the case of a relinquishment to an
agency.
(c) Putative father.--If a putative father will not execute
a consent to an adoption as required by section 2711, 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 (relating to
acknowledgment and claim of paternity), the court may enter a
decree terminating the parental rights of the putative father
pursuant to subsection (b).
(d) Right to file personal and medical history
information.--At the time the decree of termination is
transmitted to the parent, the court shall also advise, in
writing, the parent whose rights have been terminated 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; Mar. 24, 2004, P.L.159, No.21, eff. 60 days)
2004 Amendment. Act 21 amended subsec. (a). Section 2 of Act
21 provided that the amendment of subsec. (a) shall apply to
adoptions which are initiated on or after the effective date of
section 2.
1995 Amendment. Act 76 amended subsec. (d).
Cross References. Section 2504 is referred to in section
2505 of this title.
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Last modified: November 27, 2007 |