Pennsylvania Act 2006-96 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - FOREIGN DECREE OF ADOPTION

Act text

DOMESTIC RELATIONS CODE (23 PA.C.S.) - FOREIGN DECREE OF ADOPTION
                  Act of Jul. 7, 2006, P.L. 618, No. 96               Cl. 23
                             Session of 2006
                               No. 2006-96

     SB 332

                                  AN ACT

     Amending Title 23 (Domestic Relations) of the Pennsylvania
        Consolidated Statutes, further providing for foreign decree
        of adoption.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Section 2908 of Title 23 of the Pennsylvania
     Consolidated Statutes is amended to read:
      § 2908.  Foreign decree of adoption.
        [When a decree of adoption of a minor is made or entered in
     conformity with the laws of another state or a foreign country
     whereby a child is adopted by a resident of this Commonwealth, a
     copy of the final decree, properly authenticated, may be filed
     with the clerk in the county of residence of the adopting
     parents. The decree and such other documents as may be filed
     therewith shall be kept in the files of the court as a permanent
     record thereof and shall be withheld from inspection except on
     order of court granted upon cause shown. Upon the filing of a
     foreign decree of adoption, the clerk shall enter upon the
     docket an entry showing the foreign court, identification of the
     proceedings therein and the date of the decree. Information
     identifying the natural parents shall not be required.]
        (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.
        Section 2.  This act shall take effect in 60 days.

     APPROVED--The 7th day of July, A. D. 2006.

     EDWARD G. RENDELL