The owner of the site is not responsible for the above banners or to the sites to which they may lead.

Pennsylvania Pages

A copy of the legislation can be found at:
http://www2.legis.state.pa.us/WU01/LI/BI/BT/2005/0/HB0304P0325.pdf

Pennsylvania H-304

Sponsors include: Bebko-Jones, Belfanti, Caltagirone, Curry, Frankel, Wansacz, Youngblood, Munch, S. Miller, Lederer, Josphs, Hairhai, Guist, Freeman, Manderino, Mann, Staback, Surra, Thomas, Tigue.

The intent of the act is to:
* Set up a voluntary adoption registry where birth parents and adult adoptees may register their willingness to release identifying information to each other.
* Provide for the disclosure of identifying information to birth parents and their genetic offspring through the department or the courts if a birth parent or parents and the adult adoptee are registered
* Provide for the transmission of non-identifying health, social and genetic history of the adult adoptee, birth parents, and other specified persons.

Information
* All information remains confidential except as provided in the act or by court order
* Information acquired by the adoption registry may not be disclosed under any freedom of information legislation, rules or practices
* Class action suit may not be maintained in any court of PA to require the registry to disclose identifying information

The department may contract out the function of establishing, maintaining and operating the registry. The department may also join a voluntary national or international registry and make its records available in the manner authorized under the act. If the rules of disclosure for the voluntary organization differ from those prescribed in this act, then the act prevails.

Persons eligible to use registry
* birth parent, adult adoptee, adult genetic sibling of the adoptee, adoptive parent of a deceased adoptee or parents of adult siblings of a deceased birth parent or parents (this is how the legislation is worded) may use the registry for obtaining identifying information about birth parents, adult adoptees, and adult adoptee genetic siblings.
* An adult adoptee who has a genetic sibling in the adult adoptee's adoptive family who is under the age of 18 may have access to the registry

Registration would be by submitting a signed affidavit to the department. The affidavit gives authority to the registry to release identifying information related to the registrant to the other relevant persons who register. Each registration would require the birth certificate of the registrant to be attached. If a birth parent or adoptee fails to file an affidavit with the registry, identifying information shall not be disclosed to those relevant persons who do register.

The affidavit would need to contain the following:
* The current name and address of the registrant
* Any previous name by which the registrant was known
* The original or adopted names of the adopted child
* The place and date of birth of the adopted child if known
*The name and address of the agency if known

The registrant is required to notify the registrant of change in name or address that occurs after registration. The registry is not required to search for a registrant who fails to notify the registry of a change of address.

A registrant may cancel the registrant's registration by giving the registry written notice of the registrant's desires to cancel.

When an adoptee reaches 18 years of age, a birth parent if registered with the registry before the adoptee was 18 years of age will need to notify the registry in writing of the birth parent's desire to continue the registration. The birth parent will be notified of this requirement when initially registered.

Upon receipt of the affidavit the registry shall process in an attempt to match the adult adoptee with the birth parents, adult genetic siblings and parents of adult siblings of deceased parents.

The processing will include research from any agency records or court records to determine whether the registrants match.

If the registry determines there is a match and if the relevant persons have registered with the registry and received the required counseling notification of the match may be given by the registry to only the a birth parent or parents of an adult adoptee; an adult adoptee; an adult genetic sibling of an adult adoptee if parents are deceased; an adult adoptee genetic sibling who has been adopted by a different adoptive family and has no knowledge of the adult adoptee genetic siblings birth parents. At the departments discretion, a parent or adult sibling of the birth parent if the birth parent is deceased or an adoptive parent of a deceased adoptee.

Notification is made through a direct and confidential contact.

Before identifying information is disclosed, the registrant must participate in counseling with a social worked employed by the department or if living outside of PA, with a social worker in that state who is selected by the registry. The counseling would place emphasis on an evaluation of the need for and the effect of the information or contact on the genetic family members and the relationships within the adoptive family.

Affidavits received by the registry will be permanently maintained.

* Costs for establishing and maintaining a registry may be met through reasonable fees not to exceed $50 per registrant and shall by charged to all persons who register.
* Medical history which excludes information identifying any birth parent, member of a birth parent's family, the adoptee or adoptive parents of the adoptee may be provided if available form the department upon request to the following:
* an adoptive parent of the child or the child's guardian
* the birth parent of the adoptee
* an adult adoptee
* in the event of the death of the adoptee:
* the adoptee's spouse if the spouse is the birth parent of the adoptee's child or the guardian of a child of the adoptee to a child of the adoptee who is 18 years of age or older

Search request by an adult adoptee or the adoptive parent of a minor or deceased adoptee may request that the department conduct a search for the adoptee's birth parents, or genetic siblings. Search request by a birth parent or an adult genetic sibling of an adoptee or the parent or the adult sibling of a deceased birth parent may request the department to conduct a search for an adult adoptee whom the birth parent relinquished to adoption.

The requestor shall be registered with the registry and provide whatever information the department requires.

If the department conducts a search, the department may examine adoption records maintained by the department or kept by the court and by the adoption agencies. The department may examine the adoption records of a private adoption agency only if the private adoption agency allows the examination. The department must keep the records and information located in the records confidential.

If the department is able to identify and locate the person being sought, the department shall make a confidential inquiry of that person to determine whether the person wishes to make contact with the person requesting the search. The department shall make the inquiry in person if possible. If the reason the person is requesting the search is because there is a serious medical condition in the person's immediate family that is or may be an inheritable condition and the person being sought is biologically related to the ill person, the department or the licensed adoption agency shall inform the person being sought of that fact.

If the person being sought wishes to make contact with the person requesting the search, the department shall do all of the following:
* Tell the person about the voluntary adoption registry and that any contact will be made through the registry and its provisions.
* Give the person any information and forms necessary to register.
* Notify the voluntary adoption registry that the person being sought has been identified and located and has indicated that the person wishes to make contact.
* Return all materials, files and information obtained during the search to the department.

If the person being sought has indicated a wish to make contact and has not registered with the voluntary adoption registry within 90 days after the confidential inquiry was made, the department, where practicable, shall contact the person to offer forms and materials to register and to determine if the person still intends to register.

If the person being sought does not wish to make contact with the person requesting the search, the department shall do all of the following:
* Notify the voluntary adoption registry that the person being sought has been identified and located and has indicated that the person does not wish to make contact.
* Return all materials, files and information obtained during the search to the department.

If the department is unable to identify and locate the person being sought, the department shall notify the voluntary adoption registry of that fact.

Upon receiving notice under this section, the voluntary adoption registry shall:
* Enter the information into its records.
* Notify the person requesting the search only that the person being sought has or has not been located and either:
* has indicated a wish to make contact and has been given information and forms necessary to register;
* has indicated a wish not to make contact

If an adult adoptee or the adoptive parent of a minor or deceased adoptee has initiated a search the fact that the person being sought in the original search does not wish to make contact does not prevent the adult adoptee or the adoptive parent from requesting another search for a birth parent not previously contacted. An adult adoptee or the adoptive parent of a minor or deceased adoptee may not request a search for a genetic sibling of the adoptee if there was a previous search for a birth parent of the adoptee and the birth parent did not want to make contact with the adult adoptee or adoptive parent.

The adult adoptee or adoptive parent of a minor or deceased adoptee shall request the search by repeating the process and by paying the fees established by the department.

Information about agency and community resources regarding psychological issues in adoption and reunion shall be provided by the department:
* To all persons requesting a search
*To those persons the department identifies and locates as the result of a search and who express a wish to receive information.

>p>The department by regulation shall establish:
* Standards of conduct for employees or agents that conduct searches
* Contracting procedures for entities that conduct searches
* Search procedures to be followed by employees or agents that conduct searches
* Fees to be paid by persons requesting a search

Fees authorized under this section include:
* A fee to be paid to the department to cover all costs incurred in the search but not to exceed $300.
* A fee to be paid to the department to cover the administrative costs incurred in administering the search program.

A private adoption agency may allow the department to examine confidential adoption records maintained by the agency as part of a search for birth parents or genetic siblings.

The portions of 23 Pa.C.S. § 2905 which are inconsistent with this act would be repealed.

to Pennsylvania State Information Pages

Graphics for this page
were made by Natalie Rasmussen

Click on contact to let us know how you feel and if you want a newsletter. Thank you.

© Green Ribbon Campaign for Open Records