2010 Pennsylvania Code
Title 23 - DOMESTIC RELATIONS
Chapter 27 - Petition for Adoption
2711 - Consents necessary to adoption.

                               SUBCHAPTER B
                                 CONSENTS

     Sec.
     2711.  Consents necessary to adoption.
     2712.  Consents not naming adopting parents.
     2713.  When other consents not required.
     2714.  When consent of parent not required.
     § 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.
     (June 23, 1982, P.L.617, No.174, eff. 60 days; Apr. 16, 1992,
     P.L.108, No.24, eff. 60 days; May 21, 1992, P.L.228, No.34, eff.
     60 days; Mar. 24, 2004, P.L.159, No.21, eff. 60 days)

        2004 Amendment.  Act 21 amended subsecs. (c) and (d)(1).
     Section 2 of Act 21 provided that the amendment of subsecs. (c)
     and (d)(1) shall apply to adoptions which are initiated on or
     after the effective date of section 2.
        1992 Amendments.  Act 24 amended subsec. (a) and Act 34
     amended subsecs. (c) and (d).
        Cross References.  Section 2711 is referred to in sections
     2504, 2533, 2534, 2701, 2702 of this title.