Overview
Original Birth Certificates. Pennsylvania is a Compromised State. While Pennsylvania-born adopted people may apply for a “summary” document that contains birth information, birthparents have a right to request that their names be redacted from the document.
How It Works. Pennsylvania law defines a “non-certified copy of original birth record” as a “summary” of the original record and includes “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.” The minimum age to apply for the summary record is 18, but Pennsylvania also requires the adoptee to be a high school graduate, possess a GED, or be legally withdrawn from school. The educational requirement, however, only applies if the person is under the age of 21.
Birth parents may redact identifying information on the “summary” record by filing a “name redaction request.” Redaction requests may be filed or withdrawn at any time and do not extend beyond a filing parent’s death. It is currently unknown how many redaction requests have been filed since they were made available in 2017.
Court Records and Identifying Information. Pennsylvania law does not specifically address the sealing of records in adoption proceedings, other than to say they are withheld from inspection. In 2010, the legislature repealed a prior provision that had specifically sealed court records and made them available only by court order. In its place the legislature created the current process, which relies on an adoption information registry, as well as confidential searches, to determine if identifying information has been authorized for release.
Descendant Rights. Descendants of a deceased adopted person may apply for the summary birth record in the same way and subject to the same restrictions as the adopted person. Descendants may also use the Pennsylvania Adoption Information Registry (see below).
Information Registry. The Pennsylvania Department of Human Services operates an adoption information registry, known as PAIR, for use in obtaining identifying and non-identifying information. Release of identifying information depends on authorization to release information. The information registry is available to adopted people, birth siblings, birthparents, descendants of the adopted person, and others.
Adult Adoption. Pennsylvania law provides for the adoption of adults. The law is general and states that “any individual may be adopted, regardless of his age or residence” and that “[a]ny individual may become an adopting parent.”
Pennsylvania Law: Vital Records and Birth Certificates
Relevant parts of Pennsylvania vital records law. The entire Pennsylvania vital records statute is available here.
Section 402. Birth Registration: Foundling Registration
The birth of each child of unknown parentage discovered within this Commonwealth shall be registered on a form prescribed by the department and within such period of time following the discovery of the child as the regulations of the Advisory Health Board shall prescribe. The person in charge of the agency or institution or such other person into whose care the child is first delivered shall file the registration form with the local registrar of the district in which the child is discovered. Such registration shall be acceptable for all purposes in lieu of a certificate of birth.
Section 403. Birth Registration: Children Born in a Country Other Than the United States
(a) The department shall, upon request, complete and register birth certificates for any child born in a country other than the United States when either parent is a citizen of the United States and a resident of the Commonwealth of Pennsylvania.
(b) (1) Except as provided in clause (2), a birth certificate issued under subsection (a) shall show the true country and date of birth, and that the certificate is not evidence of the United States citizenship of the registrant. For such registration the department shall require proof of parental United States citizenship and of Pennsylvania residence.
(2) For any foreign-born child who satisfies the requirements of either 8 U.S.C. § 1431 or 1433 and whose parent presents documents from the United States Department of State, United States Department of Justice, Immigration and Naturalization Service, United States Citizenship and Immigration Services of the United States Department of Homeland Security or their successor agencies, including either a certificate of citizenship, a United States passport or other document as specified by the department, verifying the child’s United States citizenship, the birth certificate shall show the true country and date of birth but will not contain any notation regarding citizenship of the registrant. For such registration the department shall require proof of parental United States citizenship and of Pennsylvania residence.
(c) The Social Security number or numbers of each parent are to be recorded and maintained as required in section 401.
(d) Certified copies of such certificates shall be issued upon application and payment of the prescribed fee.
Section 603. Change of Civil Status: Amendment of Birth Certificates
(a) Any person born in this Commonwealth (1) whose birth is registered as illegitimate but who is legitimated by the subsequent marriage of his natural parents, or (2) whose parentage is determined by a court of competent jurisdiction, or (3) who is adopted under the laws of this Commonwealth or of any other state or territory of the United States of America, or (4) whose name is changed by order or decree of a court of competent jurisdiction, may request the department to prepare an amended certificate of birth on the basis of proof of the new status.
(b) The person involved if he has attained majority and is not incompetent, or his parent, guardian or legal representative, shall file an application making such request and shall submit such proof as the Advisory Health Board may by its regulations require.
(c) After the amended certificate is prepared, any information disclosed from the record shall be from the amended certificate; and access to the original certificate of birth and to the documents of proof on which the amended certificate is based shall be authorized only upon request of the person involved if he has attained majority and is not incompetent, or upon request of his parent, guardian or legal representative, or upon order of a court of competent jurisdiction.
Section 604. Change of Civil Status Registration of Foreign Born Children Adopted in Pennsylvania
(a) For any child born in a foreign country but adopted in Pennsylvania, whose adopting parents are United States citizens and residents of Pennsylvania, the department shall, upon request, complete and register a birth certificate upon receipt of a certified copy of the decree of adoption, together with proof of the date and place of the child’s birth.
(b) (1) Except as provided in clause (2), a birth certificate issued under subsection (a) shall show the new name of the child as specified in the decree of adoption, and such further information concerning the adopting parents as may be necessary to complete the birth certificate. The certificate shall show the true country and date of birth of the child, and that the certificate is not evidence of United States citizenship.
(2) For any foreign-born child who satisfies the requirements of either 8 U.S.C. § 1431 or 1433 and whose parent presents documents from the United States Department of State, United States Department of Justice, Immigration and Naturalization Service, United States Citizenship and Immigration Services of the United States Department of Homeland Security or their successor agencies, including either a certificate of citizenship, a United States passport or other document as specified by the department, verifying the child’s United States citizenship, the birth certificate shall show the true country and date of birth but will not contain any notation regarding citizenship of the registrant. For such registration the department shall require proof of parental United States citizenship and of Pennsylvania residence.
(c) Certified copies of such certificates shall be issued upon application and payment of the prescribed fee.
Pennsylvania Law: Court Records and Identifying Information
Parts of Pennsylvania adoption law related to court records and disclosure of information. The entire Pennsylvania adoption statue is available here.
23 § 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.
§ 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 § 2913. Reasonable fees.
Any court or agency may charge reasonable fees for services provided under this chapter.
23 § 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 § 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 § 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 § 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 § 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.
§ 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 § 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.
§ 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 § 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.
Pennsylvania Law: Adoption Generally
Relevant parts of Pennsylvania adoption law. The entire Pennsylvania adoption statute is available here.
23 § 2311. Who may be adopted
Any individual may be adopted, regardless of his age or residence.
23 § 2312. Who may adopt.
Any individual may become an adopting parent.
§ 2521. Effect of decree of termination
(a) Adoption proceeding rights extinguished. A decree terminating all rights of a parent or a decree terminating all rights and duties of a parent entered by a court of competent jurisdiction shall extinguish the power or the right of the parent to object to or receive notice of adoption proceedings.
(b) Award of custody. The decree shall award custody of the child to the agency or the person consenting to accept custody under section 2501 (relating to relinquishment to agency) or section 2502 (relating to relinquishment to adult intending to adopt child) or the petitioner in the case of a proceeding under section 2512 (relating to petition for involuntary termination).
(c) Authority of agency or person receiving custody. An agency or person receiving custody of a child shall stand in loco parentis to the child and in such capacity shall have the authority, inter alia, to consent to marriage, to enlistment in the armed forces and to major medical, psychiatric and surgical treatment and to exercise such other authority concerning the child as a natural parent could exercise.
23 § 2711. Consents necessary to adoption
(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 of an adoptee who has not reached the age of 18 years.
(4) The guardian of an incapacitated adoptee.
(5) The guardian of the person of an adoptee under the age of 18 years, if any there be, or of the person or persons having the custody of the adoptee, if any such person can be found, whenever the adoptee has no parent whose consent is required.
(b) Husband of natural mother. The consent of the husband of the mother shall not be necessary if, after notice to the husband, it is proved to the satisfaction of the court by evidence, including testimony of the natural mother, that the husband of the natural mother is not the natural father of the child. Absent such proof, the consent of a former husband of the natural mother shall be required if he was the husband of the natural mother at any time within one year prior to the birth of the adoptee.
(c) Validity of consent. No consent shall be valid if it was executed prior to or within 72 hours after the birth of the child. A putative father may execute a consent at any time after receiving notice of the expected or actual birth of the child. Any consent given outside this Commonwealth shall be valid for purposes of this section if it was given in accordance with the laws of the jurisdiction where it was executed. A consent to an adoption may only be revoked as set forth in this subsection. The revocation of a consent shall be in writing and shall be served upon the agency or adult to whom the child was relinquished. The following apply:
(1) Except as otherwise provided in paragraph (3):
(i) For a consent to an adoption executed by a birth father or a putative father, the consent is irrevocable more than 30 days after the birth of the child or the execution of the consent, whichever occurs later.
(ii) For a consent to an adoption executed by a birth mother, the consent is irrevocable more than 30 days after the execution of the consent.
(2) An individual may not waive the revocation period under paragraph (1).
(3) Notwithstanding paragraph (1), the following apply:
(i) An individual who executed a consent to an adoption may challenge the validity of the consent only by filing a petition alleging fraud or duress within the earlier of the following time frames:
(A) Sixty days after the birth of the child or the execution of the consent, whichever occurs later.
(B) Thirty days after the entry of the adoption decree.
(ii) A consent to an adoption may be invalidated only if the alleged fraud or duress under subparagraph (i) is proven by:
(A) a preponderance of the evidence in the case of consent by a person 21 years of age or younger; or
(B) clear and convincing evidence in all other cases.
(d) Contents of consent.
(1) The consent of a parent of an adoptee under 18 years of age shall set forth the name, age and marital status of the parent, the relationship of the consenter to the child, the name of the other parent or parents of the child and the following:
I hereby voluntarily and unconditionally consent to the adoption of the above named child.
I understand that by signing this consent I indicate my intent to permanently give up all rights to this child.
I understand such child will be placed for adoption.
I understand I may revoke this consent to permanently give up all rights to this child by placing the revocation in writing and serving it upon the agency or adult to whom the child was relinquished.
If I am the birth father or putative father of the child, I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after either the birth of the child or my execution of the consent, whichever occurs later, by delivering a written revocation to (insert the name and address of the agency coordinating the adoption) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or prospective adoptive parent of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed).
If I am the birth mother of the child, I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after executing it by delivering a written revocation to (insert the name and address of the agency coordinating the adoption) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or prospective adoptive parent of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed).
I have read and understand the above and I am signing it as a free and voluntary act.
(2) The consent shall include the date and place of its execution and names and addresses and signatures of at least two persons who witnessed its execution and their relationship to the consenter. The consent of an incarcerated parent of an adoptee may be witnessed by a correctional facility employee designated by the correctional facility. Any consent witnessed by a correctional facility employee shall list the address of the correctional facility on the consent.
(3) In lieu of two witnesses a consent may be acknowledged before a notary public.
23 § 2713. When other consents not required
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.
23 § 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 § 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.
§ 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.
23 § 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.
Pennsylvania Law: Adoption Registry
The entirety of Pennsylvania law related to the adoption registry.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
§ 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.
Hi there, I am helping a friend who’s Mom was born in Nova Scotia Canada. She was adopted to parents form Pennsylvania. We sent away to Nova Scotia for the records but were told that the adoption was finalized in Pennsylvania, so the records are held there. Can she access these records under this new law?
Thank you very much
Nicole Janzen
Hi, Nicole. I believe I answered this by email but if you have further questions please let me know.
Am I correct in assuming that I should receive my OBC even if I was born in Italy and adopted in Pennsylvania?
No; the law applies only to individuals born in Pennsylvania
Hi, My sister and I were both born in Pennsylvania. She was adopted and I was not. I would love to be able to meet her and get to know her if she is amenable to that. Would I be able to apply for her birth certificate? On a side note, both of our parents have passed away.
Thanks,
Debi
Thanks, Debi. I don’t know the ins and outs of birth siblings and availability to connect through some state process in Pennsylvania (there is a process in my own state of Minnesota). I do know that the new law in Pennsylvania does not provide birth sibling access to the summary birth information. It is only available to the adoptee if 18 years of age or, if the adoptee is deceased, to the adoptee’s descendants. I’ll ask some Pennsylvania advocates about any other suggestions and email you with whatever information I find.
Thank you very much for your response. I will keep searching for her.
Kind Regards,
Debi
No problem. It looks like Pennsylvania does have an adoption information registry, called PAIR, which could allow searching relatives and adoptees to connect. More information is available here, including the PAIR brochure. And, of course, there are always DNA testing companies and their registries, like AncestryDNA. Good luck!
I was born in Wind Ridge, Greene County, Pa. in 1979. Supposedly a home birth then taken to a local hospital in Waynesburg Pa. before being adopted out to another Pa. couple from McClellandtown. I have no information whatsoever about birth parents or siblings and am naturally curious. I’ve been told records are sealed with little to no hope. I’ve been to the courthouse already. Any further suggestions?
Christiana–
Pennsylvania recently changed its law so that some adult adoptees can obtain information from their birth records, including names of birth parents if recorded. More information is available on the Commonwealth of Pennsylvania website here. Make sure you look for the link for Information for Adopted Individuals, or scroll down that page to find it. Good luck!
My son found me when the Pa records were opened. We have had a wonderful reunion and nothing could have turned out more beautiful. They sent him the non-certified birth certificate with my name on it and through that he was able to trace me. It was quite a journey for both of us, but it turned out so well.
I have been looking for my birth parents for more than 20 years. I was born in Wilkes-Barre pa. in 1946. I you can help me please give me a call at (973) 483-1469.
Hi, Marianne. Please see comments below with links to more information and forms for Pennsylvania. Except for current clients, I’m unable to return phone calls due to the number of calls I get each day.
Thank you for this website. I’m an adoptee and I received my birth cert. with mother’s name on it. I found through research that she is deceased with no next of kin (living).
This is rather disheartening, as I’ve discovered things that run counter to what my parents always told me about my birth mother–particularly her age. But other things don’t make sense, either.
My parents are both deceased too. My sister (non-blood, adoptee too) doesn’t know much beyond what I remember my mother telling me, though she recently said some things that don’t square with my beliefs, either.
Since Natural Mom is deceased, and no natural father appears to be in the picture (info not on birth certificate–doubt it was redacted as I always heard he wasn’t in picture), do I have a right to obtain the original adoption records?
I just got birth records from the state of Pennsylvania. The letter i got gave me one name of elizabeth Lease, when i received my birth records my mother was elizabeth george. Can anybody out there guide me as to witch way to go?
Walter, do you know the name of the agency that handled your adoption or the county in which it was finalized?
Lehigh County and I believe Catholic Charities.
My husband’s father (now deceased) was born in and adopted in PA. Under the new law, my husband should be able to request his father’s original birth certificate summary, but we aren’t sure if we need to submit a death certificate for his father or if my husband can just submit a copy of his own drivers license or what. I can’t really find what documentation descendents of deceased adoptees need to submit. Can anyone offer some help?
Your husband would use the Pennsylvania form for an adopted individual but check off that he is the lineal descendant of the adoptee. You need to include a copy of the adoptee’s death certificate as well as any ID requirement for your husband (copy of state-issued ID). Just to be safe I’d also enclose a photocopy of your husband’s birth certificate showing he is the adoptee’s son.
Is there any way for an adoptee to obtain the original birth certificate if both birth parents are deceased? I already have a non-certified copy of the original birth record.
I don’t believe the current law to obtain a summary of your birth record in Pennsylvania would have any impact if both birth parents are deceased, unless somehow before they died they filed a form that would prohibit release of their information. Have you applied for the summary of your birth record in Pennsylvania? More information is available here. Hope this helps.
I just got birth records from the state of Pennsylvania. The letter i got gave me one name of elizabeth Lease, when i received my birth records my mother was elizabeth george. Can anybody out there guide me as to witch way to go?
Clearly one is her maiden name, and the other is a married name.
Hi,
I’m an adoptee looking for my half brother who was given up in either in 1966 or 1967.
We share the same maternal side and I have medical for him.
Is there a registry I can sign up for that hopefully will open a new door so we can met.
Thank-You
Yes. PA has a registry that allows siblings to register.
http://www.adoptpakids.org/Documents/PAIRBrochure.pdf
Hi I was adopted and I was just looking for the adoption records like court records. I have found my biological parents ones living one’s deceased and the parents that adopt me are both deceased.
I do have my birth certificate the parents that adopt me their names are on it and I’m probably gonna call to send for my original birth certificate.
I was born July 26th 1981, at Sharon regional hospital a little after 5am, i have a older 1/2 brother, outta Mercer county. I just requested my obc.
Have question if the people who apply for a job with the CIA as we were informed in Kerry Benninghoff’s hearing can now get a job with the summary type certificates. CIA requires Original Birth Certificate.
We adoptees need to have the Vital Statistics Law of 1953 changed, it says our records are not public records for 105 years. My adoption by a rapist was done in Phila Court House not an adoption agency. It would seem that is a contradiction if I am included in that stupid law.
A clean law without all the rights of Catholic Church and others continuing the idea that adoptees are shameful needs to be written for the people who are not “illegitimate”. Besides some folk are like me, born in wedlock and adopted by a step parent. I believe the constitution says that we are to be free of religious forced beliefs. Freedom from religious ideas imposed by others.
Hi Adelaide.
I completely agree with you and this is exactly why I wrote to my state senator. I was adopted by my stepfather when I was 15. It was a coerced adoption. 2 years after the adoption he physically assaulted me and I went to live with my paternal grandparents. I have always been with my paternal family. I even have my original record of birth from the hospital that has my feet on it. I have been fighting for a couple years with the DOH/Vital Records to change my maiden name back to my original one and to put my dad back on my birth certificate. I am appalled as well that we are all thrown in one pond together. Our laws are outdated and they just need to open up the files. No one should be allowed to play with our lives and interfere like the Catholic Church has. (And I was even baptized Catholic – never practiced that though). I have an assaulter/abuser on my birth certificate and no one will listen to me. And when the adoption paperwork was done, my name was spelled wrong. But no one will listen to me about that either.
I was wondering if an adoptee can get their original birth certificate. My adopted parents are both gone and my biological mother is gone. My biological father would be around 95 or 96 if he is still alive. I was born in Pa. and I am now 72 yrs old and I would just like to know something about my father.
You can get birth information if born in Pennsylvania, though there are some restrictions that exist. More information and the form that you would use to apply are here.
Hi. Reading through all this and have some questions. My birth son wants to have his birth parents back on his birth certificate. He is 40 years old now. How do we go about doing that? Also we live in Pennsylvania and he was born in same state. Thanks for the help.
Sincerely,
VIckie
I am 75 years old, my certificate from the state that shows my name as my original doesn’t have the parents names, I can not get an updated one as we had the ACLU fake, Andy Hoover, who can’t decide if he is Buddist, Unitarian or Catholic stood with the Catholic Church to say we can’t have our original birth certificates. I was at every hearing from 1986 through 2015 when I couldn’t drive. My mom had her marriage certificate and divorce papers and my original birth certificate. Who knows what my half siblings did with those papers when she died. BUT I legally went back to my birth name when I was divorced. The court at that time allows you to return to whatever name you chose to use if done at the time of divorce. Some oddity in Pa Law. So I was able to change my social security, etc. name and have used it since then. That was the time no fault divorce came into being, 1985. At least I do not have to use my rapists last name for legal purposes. Of course, my half siblings continued the vendetta, even telling their spouses that I was a bastard. Sorry, kids I cared for as a young child and teen, I was child of a 10 year marriage. It is a problem not only of strangers assuming BS but people you thought were family doing you dirt. So for all of you struggling, remember, you need to remember you are not the person your relatives or anyone else thinks. You are YOU. My niece didn’t even have access to original name due to the Catholic Church destroying her records when she was adopted. I had my DNA out on the Internet with 24 & Me so she found her mom, my half sibling who has been the most nasty. Karma found the girl as a married mom at 50. I was the hero. Not that anyone cares 2 yrs later but I did good to those who treated me evilly. We are the innocent no matter how we became adopted. Not all adopting parents are complicit in the hurt, some are part of the meetings of the lost parents. Blessings on all of you seeking a solution.