act-2006-0-96•Pennsylvania Act 2006-96 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - FOREIGN DECREE OF ADOPTION
Pennsylvania Act 2006-96 — DOMESTIC RELATIONS CODE (23 PA.C.S.) - FOREIGN DECREE OF ADOPTION
act-2006-0-962006 Pa. Act 96Law
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
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