| Pennsylvania Adoption Laws page #8 of 8 |
| Pennsylvania Adoption Laws |
Pennsylvania
Who May Access Information
Citation: Cons. Stat. Tit. 23 Pa CSA 2911
Information may be accessed by:
• The adopted person who is age 18 or older.
• If the adopted person is under age 18, his or her adoptive parent or legal guardian.
Access to Nonidentifying Information
Citation: Cons. Stat. Tit. 23 Pa CSA 2911
The home study and preplacement report, as required by § 2530, shall be made available to parties to an adoption proceeding only after all identifying names and addresses in the report have been deleted by the court. Upon petition by any person listed above, the court shall release to the adopted person as much information concerning the adopted person’s birth parents as will not endanger the anonymity of the birth parents.
Mutual Access to Identifying Information
Citation: Cons. Stat. Tit. 23 Pa CSA 2911
Any person listed above may petition the court to attempt to contact the birth parents, if known, to obtain their consent to release their identity and present place of residence to the adopted person. The court shall ensure that no one but the birth parents are informed of the adopted person’s existence and relationship to them. The petitioner may also request the agency that placed the adopted person to contact the birth parents. If the court or an agency contacts the birth parents, information relating to both birth parents shall only be disclosed if both birth parents agree to the disclosure. If both of the natural parents are deceased, their identities may be disclosed. If one parent is deceased, his or her identity may be disclosed. If only one parent agrees to the disclosure, then only the information relating to the consenting parent shall be disclosed. The birth parents may, at the time of the termination of their parental rights or at any time thereafter, place on file a consent form granting permission for the court or the department to disclose any identifying or nonidentifying information about them, at any time after the adopted person reaches age 18 or, if less than age 18, to his or her adoptive parent or legal guardian.
Access to Original Birth Certificate
Citation: Cons. Stat. Tit. 23 Pa CSA 2911
No disclosure shall be made regarding the adopted person’s original birth certificate unless the disclosure is made pursuant to the provisions of this section. The birth parents may, at the time of the termination of their parental rights or at any time thereafter, place on file, with the court and with the Department of Health, a consent form granting permission for the court or the department to disclose the information contained in the adopted person’s original birth certificate at any time after the adopted persons reaches age 18 or, if less than age 18, to his or her adoptive parent or legal guardian. If both parents give their consent, the information on the birth certificate may be disclosed. If only one parent gives consent, only the identity of the consenting parent shall be disclosed.
Where the Information Can Be Located:
Adoption Medical History Registry, Office of Children, Youth, and Families
Adoptee’s Application For Noncertified Copy Of Original Birth Record
Pennsylvania Vital Records Information
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By PA Law, Adoptees are entitled to Non-Id, though the law does not define it and doesn't say it's free.
SEND THE LETTER BELOW TO YOUR COUNTY COURT OF FINALIZATION, AND YOUR ADOPTION ATTORNEY AND/OR AGENCY.
By PA Law, Adoptees are entitled to Non-Id, though the law does not define it and doesn't say it's free. There is no provision in the law for birthparents to be entitled to non-id on their biological "child"- having given up rights to them, but many birthparents do successfully get some. Essentially, you are asking for the world and hoping for as much as you can get. Birthparents can easily alter this letter which was written from an adoptee standpoint, but cannot use the state statutes mentioned in this letter since the law does not officially support their right to non-id.
_______________________________
To Whom It May Concern:
My name is (your name). I was born on (your d.o.b) in (your town) PA. I was adopted at birth by (adoptive mothers name) and (adoptive mothers maiden name), and (adoptive fathers name) and name of (city, state adoptive parents lived at time of adoption). My adoption was finalized in (your county) and was handled by (agency and/or attorney).
According to Pennsylvania Law, S2905, I am entitled to "as much information concerning the adoptee's natural parents as will not endanger the anonymity of the natural parents." I am therefore requesting copies of all original documents with identifying info whited or blacked out. If this request cannot be honored, I then request answers to the following:
Regarding my natural mother:
1. Age and Date of Birth.
2. Name at time of my Birth.
3. Height.
4. Weight.
5. Hair color.
6. Eye color.
7. Education.
8. Religious background.
9. Socio-Economic background.
10. Ethnic origins.
11. Number and ages and sex of siblings that she had.
12. Where she was born.
13. Where she lived at the time of my Birth (city, county and state).
14. Marital Status.
15. Her Parents ages.
16. Her parents educational backgrounds.
17. Her parents physical descriptions.
18. Her parents professions.
19 Any and all other non-identifying information.
Regarding my natural father:
1. Age and Date of Birth.
2. Name at time of my Birth.
3. Height.
4. Weight.
5. Hair Color.
6. Eye color.
7. Education.
8. Religious Background.
9. Socio-Economic Background.
10. Ethnic Origins.
11. Number and ages and sex of siblings he had.
12. Where he was born.
13. Where he lived at the time of my birth.
14. Marital Status.
15. His parents ages.
16. His parents educational background.
17. His parents physical descriptions.
18. His parents professions.
19 Any and all other non-identifying information.
Also, pursuant to S2905 D 3, I am hereby requesting complete medical histories on my natural mother, natural father, and their families.
I also hereby petition the court under Pennsylvania Law S2905 C 1, that the court, or its designated agency, attempt to contact my natural parents to obtain their consent to release their identity, and present place of residence to myself. The purpose of this contact would be for complete medical history disclosure, and, only if all parties consent, to establish a relationship of some form. However, the second is not a necessity, whereas the first is. Furthermore, in conjunction with Pennsylvania Law, S2905 C 3, I hereby request that the court orders that the agency that administered my adoption contact my natural parents if the court does not. Also, pursuant to Pennsylvania Law, S2905, I hereby request that the court examine my file for the purpose of determining whether or not my natural mother and/or father placed on file with the court of the Department of Health, a consent form granting permission for the court or the department to disclose the information contained in my original birth certificate or any other identifying or non-identifying information pertaining to my natural mother and/or father.
[ADOPTEES - You can add this is you are feeling brave. Basically you had legal access to your original birth certificate from roughly ?-?-1974 to 2-?-1985 in Pennsylvania, so if you were alive during these years you could have had your OBC and have been stripped of a right you once had. Be shocked if you get anything, but if you want to make a point, your call-]
Finally, please note the following. According to Article 1, Sections 9 & 10 of the United States Constitution, no laws may be enacted ex post facto. As, in the past all original birth certificates were available to the populous of the State of Pennsylvania - inclusive of adoptees and birth parents - I am entitled according to the above named Federal Law to my original birth certificate - not amended. To withhold this from me would be a violation of my Constitutional rights, therefore I hereby request and demand to receive said original birth certificate.
Thank you for your help in this matter.
Sincerely,
Your Name
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| PA Adoptee Petition for Non ID |
IN THE COURT OF COMMON PLEAS OF __________________ COUNTY,
PENNSYLVANIA ORPHANS’ COURT DIVISION
Adoption of: ______________________________ No. _____________
PETITION FOR RELEASE OF IDENTIFYINGINFORMATION UNDER
SECTION 2905(c) OF THEADOPTION ACT
If Adoptee is at least 18 years of age complete Section 1only.
SECTION 1
Name of Adoptee: _____________________________________________________
Address of Adoptee: ___________________________________________________
Work Phone:________________________ Home Phone:_______________________
Adoptee’s Date of Birth (if known):___________________________________________
If Adoptee is less than 18 years of age an adoptive parent or legal guardian must complete Section 2.
SECTION 2
Name of Petitioner: _______________________________________________________
Address of Petitioner:______________________________________________________
Work Phone: ______________________ Home Phone: __________________________
Relationship to Adoptee:____________________________________________________
I, _______________________ understand and acknowledge that the Court man, upon petition, through it’s designated agent attempt to contact the natural parents of the Adoptee to obtain their consent to release identifying information to the Adoptee. I understand that identifying information may be released to me only with the consent of the living natural parent(s) and that if a parent is deceased, identifying information may be released regarding the deceased parent. I understand that no information may be released regarding a living birth parent that does not consent. I understand that the reasons why the Petitioner desires to contact the natural parent will be disclosed to them if contacted. I understand that the Court may refuse to contact the natural parents if it believes that, under the circumstance, there would be a substantial risk that persons other than the natural parents would learn of the Adoptee’s existence and relationship to the natural parents. Wherefore, the Petitioner requests that the court appoint a designated agent to attempt to contact the natural parents of the Adoptee and obtain their consent to release identifying information.
Dated:________________ Petitioner: _______________________________________
PETITIONER’S CONSENT
I hereby authorize the release of the following identifying information upon the request of my natural parent(s).
Name:__________________________________________________________________
Address:________________________________________________________________
Telephone: _____________________________________________________________
Dated:_____________________ Petitioner: ___________________________________
VERIFICATION
I, _________________________________, verify that I am the Petitioner named in the foregoing Petition and that the facts set forth herein are true and correct, to the best of my knowledge, information and belief. I understand that false statements here in made are subject to the penalties of 18 PA. CS 4904 relating to unsworn falsification to authorities.
Dated:________________ Petitioner: ______________________________________
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