2020 Pennsylvania Consolidated & Unconsolidated Statutes
Act 95 - DOMESTIC RELATIONS CODE (23 PA.C.S.) - PETITION FOR INVOLUNTARY TERMINATION AND SPECIAL PROVISIONS WHEN CHILD CONCEIVED AS A RESULT OF RAPE OR INCEST

Session of 2020

No. 2020-95

HB 1984

AN ACT

Amending Title 23 (Domestic Relations) of the Pennsylvania Consolidated Statutes, in proceedings prior to petition to adopt, further providing for petition for involuntary termination and providing for special provisions when child conceived as a result of rape or incest.

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

Section 1.  Section 2512(b) of Title 23 of the Pennsylvania Consolidated Statutes is amended to read:

§ 2512.  Petition for involuntary termination.

* * *

(b)  Contents.--The following apply:

(1)  The petition shall set forth specifically those grounds and facts alleged as the basis for terminating parental rights. [The]

(2)  Except as provided in paragraph (3), the petition filed under this section shall also contain an averment that the petitioner will assume custody of the child until such time as the child is adopted. [If the petitioner is an agency it]

(3)  If the petitioner is a parent and section 2514 (relating to special provisions when child conceived as a result of rape or incest) applies, or if the petitioner is an agency, the petitioner shall not be required to aver that an adoption is presently contemplated nor that a person with a present intention to adopt exists.

* * *

Section 2.  Title 23 is amended by adding a section to read:

§ 2514.  Special provisions when child conceived as a result of rape or incest.

Notwithstanding any other provision of law to the contrary, when a petition has been filed by a parent seeking to involuntarily terminate parental rights of the other parent under section 2511(a)(7) (relating to grounds for involuntary termination), the following apply:

(1)  The petitioner shall not be required to aver that:

(i)  the petitioner will assume custody of the child until such time as the child is adopted;

(ii)  adoption is presently contemplated; or

(iii)  a person with a present intention to adopt exists.

(2)  Parental rights shall be terminated if all other legal requirements have been met.

Section 3.  The amendment or addition of 23 Pa.C.S. §§ 2512(b) and 2514 apply to petitions to involuntarily terminate parental rights filed on or after the effective date of this section.

Section 4.  This act shall take effect in 60 days.

APPROVED--The 29th day of October, A.D. 2020.

TOM WOLF