231 Pa. Code § 15.8 - Voluntary Relinquishment to Adult Intending to Adopt Child
(a)
Petition. A petition under
23 Pa.C.S. §
2502 to
relinquish parental rights with respect to a child who has been in the
exclusive care of Prospective Adoptive Parents shall contain the following
averments:
(1) the name, address, age, and
racial background of each petitioner;
(2) the information required in subparagraph
(1) as to any parent who is not a petitioner, including the birth father,
presumptive father, and putative father, or the reasons why the court should
find such information is not necessary;
(3) the marital status of the mother as of
the time of the child's birth and during one year prior thereto, and her maiden
name;
(4) the name, age, date of
birth, place of birth, racial background, and gender of the child;
(5) the date when the child was placed with
the Prospective Adoptive Parents;
(6) the date when the Report of Intention to
Adopt was filed;
(7) the reasons
for seeking relinquishment;
(8)
whether each petitioner has been informed of counseling services concerning the
termination of parental rights and the alternatives thereto and provided with a
list of qualified counselors and counseling services;
(9) whether each petitioner has received any
counseling concerning the termination of parental rights and the alternatives
thereto and, if so, the name of the organization or qualified counselor
providing such counseling services;
(10) whether each petitioner has been
informed of the opportunity for a birth relative of the child, including the
petitioner, to enter into a Contact Agreement with the Prospective Adoptive
Parents;
(11) whether a Report of
Intention to Adopt under
23 Pa.C.S. §
2531 or
an adoption petition under Rule 15.13 has been filed;
(12) whether the Prospective Adoptive
Parents' consent to accept custody of the child until such time as the child is
adopted is attached to the petition; and
(13) that each petitioner understands the
petition, has considered the alternatives, and has executed the petition
voluntarily.
(b)
Exhibits. The following exhibits shall be attached to the
petition:
(1) A verified statement from a
representative of the agency or intermediary, counsel for the agency or
intermediary, or counsel representing any other party that written notice was
provided to the petitioner birth parent regarding the opportunity to enter into
a Contact Agreement, that such notice was provided by hand delivery, by
first-class United States mail, postage prepaid, to the last known address, or
by electronic transmission in accordance with Rule
15.4(b)(1)(C),
and the date(s) that such notice was given. A copy of the notice shall
accompany this verified statement.
(2) If, as part of the hearing on the
petition, the parental rights of a putative father could be terminated pursuant
to
23 Pa.C.S. §
2503(d), and if written
notice of the opportunity to enter into a Contact Agreement has been provided
to the putative father in advance of the petition's filing, a verified
statement from a representative of the agency or intermediary, counsel for the
agency or intermediary, or counsel representing any other party that written
notice was provided to the putative father regarding the opportunity of a birth
relative to enter into a Contact Agreement, that such notice was provided by
hand delivery, by first-class United States mail, postage prepaid, to the last
known address, or by electronic transmission in accordance with Rule
15.4(b)(1)(C),
and the date(s) that such notice was given, or the reason(s) why such notice
cannot be given, including efforts made to identify or locate the subject
person. If notice was given, a copy of the notice shall accompany this verified
statement.
(3) The signed consents
of the Prospective Adoptive Parents to accept custody of the child until such
time as the adoption is completed.
(c)
Hearing and Decree.
(1) Notice of the hearing on the petition
shall be provided in accordance with
23 Pa.C.S. §
2503(b), and in accordance
with
23 Pa.C.S. §
2503(d) if the rights of a
putative father are to be terminated as part of the same proceeding, and shall
be served in accordance with Rule
15.4(b)(1).
(2) On or before the hearing, the court shall
be presented with a certificate of service stating that notice of the hearing
on the petition was given to the petitioner and all others entitled to a copy
of the notice in accordance with
23 Pa.C.S. §
2503 and
Rule 15.4(b)(1).
(3) The petitioner birth parent voluntarily
relinquishing his or her parental rights shall be present at the hearing and
available to be examined under oath.
(4) If as part of hearing on the petition,
the parental rights of a putative father could be terminated pursuant to
23 Pa.C.S. §
2503(d), and if notice of
the opportunity to enter into a Contact Agreement was not provided to the
subject putative father prior to the petition's filing, then on or before the
hearing, the court shall be presented with a verified statement from a
representative of the agency or intermediary, counsel for the agency or
intermediary, or counsel representing any other party that written notice was
provided to the subject putative father regarding the opportunity of a birth
relative to enter into a Contact Agreement, that such notice was provided by
hand delivery, by first-class United States mail, postage prepaid, to the last
known address, or by electronic transmission in accordance with Rule
15.4(b)(1)(C),
and the date(s) that such notice was given or the reason(s) why such notice
cannot be given, including efforts made to identify or locate the subject
person. If notice was given, a copy of the notice shall accompany this verified
statement.
Notes
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