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PA Bulletin, Doc. No. 11-959

THE COURTS

Title 231—RULES OF
CIVIL PROCEDURE

PART II. ORPHANS' COURT RULES

[ 231 PA. CODE PART II ]

Proposed and Renumbered Orphans' Court Rules

[41 Pa.B. 2932]
[Saturday, June 11, 2011]

 With respect to rules regarding adoptions, the Orphans' Court Procedural Rules Committee is recommending new Supreme Court Orphans' Court Rules 15.5, 15.7, 15.9, 15.10, 15.11, 15.12, and 15.14, as well as the amendment and renumbering of current Rules 15.1, 15.2, 15.3, 15.4, 15.5, 15.6, 15.7, 15.8, and 15.9. Pursuant to Pennsylvania Rule of Judicial Administration 103(a)(1), the proposed amended rules and the proposed new rules are being submitted to the bench and bar for comments and suggestions prior to the Committee submitting this Recommendation to the Supreme Court for adoption.

 Proposed new rule numbers and rule additions are bold. Any deletions are bold and bracketed.

 All communications in reference to the proposed Recommendation should be sent no later than Wednesday, August 10, 2011, to:

Lisa M. Rhode, Counsel
Orphans' Court Procedural Rules Committee
Pennsylvania Judicial Center
601 Commonwealth Avenue, Suite 6200
P. O. Box 62635
Harrisburg PA 17106-2635

FAX 717-231-9555
orphanrules@pacourts.us

 The Committee has prepared this Explanatory Comment which appears in connection with the proposed amendments for the convenience of the bench and bar. It will not constitute part of the rule nor will it be officially adopted or promulgated.

By the Orphans' Court
Procedural Rules Committee

MARGARET GALLAGHER THOMPSON, 
Chair

Annex A

TITLE 231. RULES OF CIVIL PROCEDURE

PART II. ORPHANS' COURT RULES

RULE 15: ADOPTIONS

Rule 15.1. Local rules.

 The practice and procedure with respect to adoptions shall be as provided by Act of Assembly and these rules to the extent not inconsistent [therewith shall conform either with the pertinent general rule or special order of the local Orphans' Court or, in the absence thereof, with this Rule 15] with an Act of Assembly. The Orphans' Court Divisions of the several judicial districts of this Commonwealth may adopt local rules regulating the practice and procedure of adoptions. All such rules shall not be inconsistent with these rules and the Adoption Act, 23 Pa.C.S. § 2101 et seq.

Rule [15.6] 15.2. Notice; method and time.

[Notice to] (a) Method of notice. Except as otherwise provided in these rules, every person to be notified shall be provided with notice by personal service[, service] at his or her residence on an adult member of the household, or by registered or certified mail [to] at his or her last known address. If [such] service is not [unobtainable and] obtainable because the registered or certified mail is returned undelivered, then:

 (1) no further notice shall be required in proceedings under Rules [15.2 or 15.3, and] 15.3 or 15.4, 15.5, 15.7, 15.9, 15.10, 15.11;

 (2) further notice by publication shall be required in proceedings under [Rules 15.4 and 15.5,] Rule 15.6 and Rule 15.8 only where the petitioner is seeking to have the court, pursuant to 23 Pa.C.S. § 2714, dispense with the consent of a birth parent whose parental rights have not been terminated;

(3) further notice [by publication or otherwise] shall be given if required by [general] local rule or special order of the local [Orphans' Court] court.

(4) If, after reasonable investigation, the identity of a person to be notified is unknown, notice to him or her shall not be required.

(b) Time for notice.

(1) Notice of a hearing under Rules 15.3, 15.4, 15.6, 15.9, 15.10 and 15.11 shall be provided at least ten (10) days prior to the date fixed for the hearing.

(2) Notice of a hearing under Rule 15.8 shall be provided at least ten (10) days prior to the date fixed for the hearing only if the parental rights of a birth parent have not been terminated in a prior proceeding and the court is being asked to dispense with the consent of the birth parent pursuant to 23 Pa.C.S. § 2714.

Rule [15.2] 15.3. Voluntary relinquishment to agency.

 (a) Petition. A petition under [Section 301 of the Adoption Act] 23 Pa.C.S. § 2501 to relinquish parental rights and duties with respect to a child who has been in the care of an Agency shall include the following allegations:

 (1) the name, address, age, racial background and religious affiliation of the petitioner;

 (2) the information required in subparagraph (1) as to any parent who is not a petitioner, including the father of a child born out of wedlock, if he has been identified, [unless] or the reason(s) why the court[, for cause shown, determines] should find that such information is not essential;

 (3) the marital status of the mother as of the time of birth of the child and during one year prior thereto [and, if the mother has ever been married, the name of her husband or husbands and her maiden name];

 (4) the name, age, date of birth, place of birth, racial background, sex and religious affiliation of the child;

 (5) the name and address of the Agency having care of the child;

 (6) [the date when the child was placed with the Agency;

(7) when the child is born out of wedlock, whether the mother and the father of the child intend to marry;

(8)]the reasons for seeking relinquishment;

(7) whether the petitioner has received counseling concerning the termination of parental rights and the alternatives thereto;

(8) that the petitioner has been informed and understands that a birth relative of the child, including the petitioner, and the adopting parent(s) of the child have the opportunity to enter into a legally enforceable Voluntary Agreement for Post-Adoption Contact or Communication (''Voluntary Post-Adoption Contact Agreement'');

 (9) [that each] whether or not a Voluntary Post-Adoption Contact Agreement has been submitted and is pending before this court or is being submitted to the court under a separate petition filed at the same time as the filing of this petition;

(10) that the non-petitioning birth parent has been informed that a birth relative of the child, including that birth parent, and the adopting parent(s) have the opportunity to enter into a Voluntary Post-Adoption Contact Agreement, or the reason(s) why such notice has not or cannot be given; and

(11) that the petitioner understands the petition, has considered the alternatives, and has executed the petition voluntarily to promote what the petitioner believes to be in petitioner's and the child's best interests.

Note: Under Act 101, the adoption agency or an attorney for a party is required to give notice to the adopting parent(s), a birth parent, and, in some instances, a child of the opportunity to enter into Voluntary Post-Adoption Contact Agreements. Notice to birth relatives who are not birth parents (see 23 Pa.C.S. § 2733(c)) is not required, although birth relatives may negotiate and become parties to a voluntary contract with the adopting parent(s) for post-adoption contact or communication. In some cases, the court may dispense with proof that a non-petitioning birth parent has received notice of the opportunity to enter into a Voluntary Post-Adoption Contact Agreement. By means of examples, without limitation, the following may be reasons why the court may decide to dispense with proof that both birth parents received such notification: the identity of the non-petitioning birth parent is unknown; the location of the non-petitioning birth parent is unknown; the non-petitioning birth parent has never had any contact with the child; or the parental rights of the non-petitioning birth parent were or will be terminated in a separate proceeding. The last example presumes that the non-petitioning birth parent has been or will be informed of the opportunity to enter into a Voluntary Post-Adoption Contact Agreement in that separate proceeding and proof of this notice will be submitted in that proceeding.

If a child is age 12 years of age or older, the child must consent to and sign the Voluntary Post-Adoption Contact Agreement. 23 Pa.C.S. § 2734. The court finalizing the adoption shall verify that a child who has attained twelve (12) years of age prior to finalization of the adoption received notice and information regarding the opportunity to enter into a Voluntary Post-Adoption Contact Agreement. See Pa.O.C. Rule 15.8.

 (b) Exhibits. The petition shall have attached to it the following exhibits:

 (1) the notice or agreement to relinquish custody of the child to the Agency signed by the petitioner;

(2) an acknowledgement signed by the petitioner that he or she has received notice and information regarding the opportunity to negotiate and enter into a legally enforceable Voluntary Post-Adoption Contact Agreement;

(3) the joinder of a parent who is not a petitioner or his or her waiver of all interest in the child, if either is obtainable;

(4) if the joinder or waiver of the non-petitioning parent is attached, then an acknowledgement signed by the non-petitioning parent that he or she has received notice and information regarding the opportunity to negotiate and enter into a legally enforceable Voluntary Post-Adoption Contact Agreement;

[(2)] (5) a birth certificate or certification of registration of birth of the child; and

[(3) the written consent of a parent or guardian of a petitioner who has not reached 18 years of age;

(4)] (6) the joinder or consent of the Agency having care of the child and its consent to accept custody of the child until such time as the child is adopted.

Note: The acknowledgements required to be attached as Exhibits under subparagraphs (b)(2) and (b)(4) are not required if a Voluntary Post-Adoption Contact Agreement involving that birth parent already has been submitted and approved by the court, is currently pending before the court, or is attached to a separate petition to approve a Voluntary Post-Adoption Contact Agreement that is being filed simultaneously with the filing of this petition. The acknowledgement under subparagraph (b)(4) is not required if reasons are set forth in the petition, and the court determines that such notification need not or cannot be obtained.

 (c) Notice and hearing. [If a parent, including the parent of a child born out of wedlock, has not relinquished his or her rights and duties in and to the child or joined in the other parent's petition hereunder, then notice of the hearing on the petition to relinquish rights and duties shall be given to the first referred to parent as provided in Rule 15.6. A parent may waive in writing the right to such notice. Each] After the filing of a petition under 23 Pa.C.S. § 2501, the court shall schedule a private evidentiary hearing providing sufficient time for notice to be given as provided below. The petitioner and each person whose joinder or consent is attached to the petition must appear at the hearing and shall be examined under oath at the hearing unless excused by the court.

(1) In compliance with Rule 15.2, notice of the hearing shall be given to the petitioner and shall contain the information as required in subsection 23 Pa.C.S. § 2503(b)(2).

(2) In compliance with Rule 15.2, a copy of the notice of the hearing shall be given to the other parent, including to the putative father, if applicable. Notice sent to the putative father shall also inform the putative father that his parental rights may be terminated if:

(A) he fails to file either an acknowledgment of paternity or claim of paternity pursuant to 23 Pa.C.S. § 5103 (relating to acknowledgment and claim of paternity); and

(B) he fails to either appear at the scheduled hearing to object to the termination of his parental rights or file, with the court prior to the hearing, a written objection to the termination of his parental rights.

(3) In compliance with Rule 15.2, copy of the notice of the hearing shall be given to the parent(s) of a petitioner who has not reached 18 years of age.

(d) Decree. After the hearing, the court shall enter a decree terminating parental rights as set forth in 23 Pa.C.S. § 2503(c), including the obligation of support, if the court is satisfied that the petitioner voluntarily filed the petition and that termination of petitioner's parental rights is in the best interest of the child.

(e) Putative father. The court may also terminate the rights of a putative father who has failed to file a separate petition under 23 Pa.C.S. § 2501 or join in the petitioner's petition, if the putative father has been given notice of the hearing and has failed to appear at the hearing or file a written objection with the court prior to the hearing and has also failed to file an acknowledgment of paternity or claim of paternity pursuant to 23 Pa.C.S. § 5103.

(f) Right to file medical and personal and/or social history information. The Clerk of the Court shall transmit the decree of termination to the parent whose rights are terminated or to counsel for the parent, if represented. The Clerk of the Court shall also include in that mailing standard instructions advising the parent of his or her continuing right to place and update medical and personal and/or social history information, whether or not the medical condition is in existence or discoverable at the time of adoption, on file with the court and with the Department of Public Welfare. This standard instruction form shall also inform the birth parent that the information will be retained and disclosed only to those allowed to have non-identifying information in accordance with Subchapter B of Chapter 29 of the Adoption Act, 23 Pa.C.S. §§ 2911 et. seq., and further that, identifying information will be disclosed only if there is an authorization or consent form in the file permitting release.

Note: The Clerk of Courts may also include in the mailing to the birth parent or birth parent's counsel any forms promulgated by the Department of Welfare, any forms promulgated by the Department of Health, and any forms adopted by local rule, including those authorizing the release of information, withholding authorization to release information, or revoking any prior authorization to release information. This rule uses the term ''medical and personal and/or social history information'' because the statute refers to these statements in varying ways. Compare 23 Pa.C.S. §§ 2503(d), 2504(d), 2511(c) with 23 Pa.C.S. §§ 2923, 2934.

Rule [15.3] 15.4. Voluntary relinquishment to adult intending to adopt child.

 (a) Petition. A petition under [Section 302 of the Adoption Act] 23 Pa.C.S. § 2502 to relinquish parental rights with respect to a child who has been in the exclusive care of an adult or adults who have filed a Report of Intention to Adopt shall include the following allegations [required under subparagraphs (1), (2), (3), (4) and (7), (8) and (9) of Rule 15.2(a) and]:

 (1) [the date when the Report of Intention to Adopt was filed;

(2) the date when the child was placed with the adult or adults;]

the name, address, age, racial background and religious affiliation of the petitioner;

(2) the information required in subparagraph (1) as to any parent who is not a petitioner, including the father of a child born out of wedlock, if he has been identified, or the reason(s) why the court should find that such information is not essential;

(3) the marital status of the mother as of the time of birth of the child and during one year prior thereto;

(4) the name, age, date of birth, place of birth, racial background, sex and religious affiliation of the child;

(5) the date when the Report of Intention to Adopt was filed;

(6) the date when the child was placed with the adult(s);

(7) the reasons for seeking relinquishment;

(8) whether the petitioner has received counseling concerning the termination of parental rights and the alternatives thereto;

(9) that the petitioner has been informed and understands that a birth relative of the child, including the petitioner, and the adopting parent(s) of the child have the opportunity to enter into a legally enforceable voluntary agreement for post-adoption contact or communication (''Voluntary Post-Adoption Contact Agreement'');

(10) whether or not a Voluntary Post-Adoption Contact Agreement has been submitted and is pending before this court or is being submitted to this court under a separate petition filed at the same time as the filing of this petition;

(11) that the non-petitioning birth parent has been informed that a birth relative of the child, including that birth parent, and the adopting parent(s) have the opportunity to enter into a Voluntary Post-Adoption Contact Agreement, or the reason(s) why such notice has not or cannot be given; and

(12) that the petitioner understands the petition, has considered the alternatives, and has executed the petition voluntarily to promote what the petitioner believes to be in petitioner's and the child's best interests

Note: Under Act 101, the adoption agency or an attorney for a party is required to give notice to the adopting parent(s), a birth parent, and, in some instances, a child of the opportunity to enter into Voluntary Post-Adoption Contact Agreements. Notice to birth relatives who are not birth parents (see 23 Pa.C.S. § 2733(c)) is not required, although birth relatives may negotiate and become parties to a voluntary contract with the adopting parent(s) for post-adoption contact or communication. In some cases, the court may dispense with proof that a non-petitioning birth parent has received notice of the opportunity to enter into a Voluntary Post-Adoption Contact Agreement. By means of examples, without limitation, the following may be reasons why the court may decide to dispense with proof that both birth parents received such notification: the identity of the non-petitioning birth parent is unknown; the location of the non-petitioning birth parent is unknown; the non-petitioning birth parent has never had any contact with the child; or the parental rights of the non-petitioning birth parent were or will be terminated in a separate proceeding. This last example presumes that the non-petitioning birth parent has been or will be informed of the opportunity to enter into a Voluntary Post-Adoption Contact Agreement in that separate proceeding and proof of this notice will be submitted in that proceeding.

If a child is age 12 years of age or older, the child must consent to and sign the Voluntary Post-Adoption Contact Agreement. 23 Pa.C.S. § 2734. The court finalizing the adoption shall verify that a child who has attained twelve (12) years of age prior to finalization of the adoption received notice and information regarding the opportunity to enter into a Voluntary Post-Adoption Contact Agreement. See Pa.O.C. Rule 15.8.

 (b) Exhibits. The petition shall have attached to it the [first three exhibits specified in Rule 15.2(b) and] following exhibits:

 (1) [the separate consent of the adult or adults to accept custody of the child.] an acknowledgement signed by the petitioner that he or she has received notice and information regarding the opportunity to negotiate and enter into a legally enforceable Voluntary Post-Adoption Contact Agreement;

(2) the joinder of a parent who is not a petitioner or his or her waiver of all interest in the child, if either is obtainable;

(3) if the joinder or waiver of the non-petitioning parent is attached, then an acknowledgement signed by the non-petitioning parent that he or she has received notice and information regarding the opportunity to negotiate and enter into a legally enforceable Voluntary Post-Adoption Contact Agreement;

(4) a birth certificate or certification of registration of birth of the child; and

(5) the signed consent(s) of the adult(s) to accept custody of the child until such time as the adoption is completed.

Note: The acknowledgements required to be attached as Exhibits under subparagraphs (b)(1) and (b)(3) are not required if a Voluntary Post-Adoption Contact Agreement involving that birth parent already has been submitted and approved by the court, is currently pending before the court, or is attached to a separate petition to approve a Voluntary Post-Adoption Contact Agreement that is being filed simultaneously with the filing of this petition. The acknowledgement under subparagraph (b)(3) is not required if reasons are set forth in the petition, and the court determines that such notification need not or cannot be obtained.

 (c) Notice and [Hearing] hearing. [If a parent, including the parent of a child born out of wedlock, has not relinquished his or her rights in the child or joined in the petition hereunder, then notice of the hearing on a parent's petition to relinquish rights shall be given to the first referred to parent as provided in Rule 15.6. A parent may waive in writing the right to such notice.] After the filing of a petition under 23 Pa.C.S. § 2502, the court shall schedule a private evidentiary hearing providing sufficient time for notice to be given as provided below. [Each] The petitioner and each person whose joinder or consent is attached to the petition must appear at the hearing and shall be examined under oath at the hearing unless excused by the court.

(1) In accordance with Rule 15.2, notice of the hearing shall be given to the petitioner and shall contain the information as required in subsection 23 Pa.C.S. § 2503(b)(2).

(2) In accordance with Rule 15.2, a copy of the notice of the hearing shall be given to the other parent, including to the putative father, if applicable. Notice sent to the putative father shall also inform the putative father that his parental rights may be terminated if:

(A) he fails to file either an acknowledgment of paternity or claim of paternity pursuant to 23 Pa.C.S. § 5103 (relating to acknowledgment and claim of paternity); and

(B) he fails to either appear at the scheduled hearing to object to the termination of his parental rights or file, with the court prior to the hearing, a written objection to the termination of his parental rights.

(3) In accordance with Rule 15.2, copy of the notice of the hearing shall be given to the parent(s) of a petitioner who has not reached 18 years of age.

(d) Decree. After the hearing, the court shall enter a decree terminating parental rights as set forth in 23 Pa.C.S. § 2503(c) if the court is satisfied that the petitioner voluntarily filed the petition and that termination of petitioner's parental rights is in the best interest of the child.

(e) Putative father. The court may also terminate the rights of a putative father who has failed to file a separate petition under 23 Pa.C.S. § 2502 or join in the petitioner's petition, if the putative father has been given notice of the hearing and has failed to appear at the hearing or file a written objection with the court prior to the hearing and has also failed to file an acknowledgment of paternity or claim of paternity pursuant to 23 Pa.C.S. § 5103.

(f) Right to file medical and personal and/or social history information. The Clerk of the Court shall transmit the decree of termination to the parent whose rights are terminated or to counsel for the parent, if represented. The Clerk of the Court shall also include in that mailing standard instructions advising the parent of his or her continuing right to place and update medical and personal and/or social history information, whether or not the medical condition is in existence or discoverable at the time of adoption, on file with the court and with the Department of Public Welfare. This standard instruction form shall also inform the birth parent that the information will be retained and disclosed only to those allowed to have non-identifying information in accordance with Subchapter B of Chapter 29 of the Adoption Act, 23 Pa.C.S. §§ 2911 et. seq., and further that, identifying information will be disclosed only if there is an authorization or consent form in the file permitting release.

Note: The Clerk of Courts may also include in the mailing to the birth parent or birth parent's counsel any forms promulgated by the Department of Welfare, any forms promulgated by the Department of Health, and any forms adopted by local rule, including those authorizing the release of information, withholding authorization to release information, or revoking any prior authorization to release information. This rule uses the term ''medical and personal and/or social history information'' because the statute refers to these statements in varying ways. Compare 23 Pa.C.S. §§ 2503(d), 2504(d), 2511(c) with 23 Pa.C.S. §§ 2923, 2934.

 (Editor's Note: Rule 15.5 is new and printed in regular type to enhance readability.)

Rule 15.5. Alternative procedure for relinquishment.

 (a) Petition. A petition under 23 Pa.C.S. § 2504 to confirm the consent of a parent to have the child adopted shall include the following allegations:

 (1) the name, address, age, racial background and religious affiliation of the consenter;

 (2) the information required in subparagraph (1) as to any parent who has not sign a consent to an adoption, including the father of a child born out of wedlock, if he has been identified, or the reason(s) why the court should find that such information is not essential;

 (3) the marital status of the mother as of the time of birth of the child and during one year prior thereto;

 (4) the name, age, date of birth, place of birth, racial background, sex and religious affiliation of the child;

 (5) the date when the consent to adoption was executed by the consenter and that the date of its execution was not within a prohibited period as provided by 23 Pa.C.S. § 2711(c);

 (6) that more than thirty (30) days have elapsed since the consent to adoption was executed by the consenter and that no written revocation of the consent has been served upon the petitioning Agency or the petitioning adult(s) during the intervening thirty (30) day period;

 (7) that the consent to adoption was executed with the date and location as shown on the consent, and the consent was witnessed as provided in 23 Pa.C.S. § 2711(d);

 (8) whether the consenter received a list of available counselors and counseling services concerning the termination of parental rights and the alternatives thereto;

 (9) that the consenter has been informed and understands that a birth relative of the child, including the consenter, and the adopting parent(s) of the child have the opportunity to enter into a legally enforceable voluntary agreement for post-adoption contact or communication (''Voluntary Post-Adoption Contact Agreement'');

 (10) whether or not a Voluntary Post-Adoption Contact Agreement has been submitted and is pending before this court or is being submitted to this court under a separate petition filed at the same time as the filing of this petition;

 (11) that the non-consenting birth parent has been informed that a birth relative of the child, including that birth parent, and the adopting parent(s) have the opportunity to enter into a Voluntary Post-Adoption Contact Agreement, or the reason(s) why such notice has not or cannot be given; and

 (12) that each petitioner has read and understands the petition and believes its filing to be in the child's best interests.

Note: Under Act 101, the adoption agency or an attorney for a party is required to give notice to the adopting parent(s), a birth parent, and, in some instances, a child of the opportunity to enter into Voluntary Post-Adoption Contact Agreements. Notice to birth relatives who are not birth parents (see 23 Pa.C.S. § 2733(c)) is not required, although birth relatives may negotiate and become parties to a voluntary contract with the adopting parent(s) for post-adoption contact or communication. In some cases, the court may dispense with proof that a certain birth parent has received notice of the opportunity to enter into a Voluntary Post-Adoption Contact Agreement. By means of examples, without limitation, the following may be reasons why the court may decide to dispense with proof that both birth parents received such notification: the identity of the non-consenting birth parent is unknown; the location of the non-consenting birth parent is unknown; the non-consenting birth parent has never had any contact with the child; or the parental rights of the non-consenting birth parent were or will be terminated in a separate proceeding. This last example presumes that the non-consenting birth parent has been or will be informed of the opportunity to enter into a Voluntary Post-Adoption Contact Agreement in that separate proceeding and proof of this notice will be submitted in that proceeding.

 If a child is age 12 years of age or older, the child must consent to and sign the Voluntary Post-Adoption Contact Agreement. 23 Pa.C.S. § 2734. The court finalizing the adoption shall verify that a child who has attained twelve (12) years of age prior to finalization of the adoption received notice and information regarding the opportunity to enter into a Voluntary Post-Adoption Contact Agreement. See Pa.O.C. Rule 15.8.

 (b) Exhibits. The petition shall have attached to it the following exhibits:

 (1) the original consent(s) to adoption;

 (2) an acknowledgement signed by the consenter(s) that he or she received notice and information regarding the opportunity to negotiate and enter into a legally-enforceable Voluntary Post-Adoption Contact Agreement;

 (3) an acknowledgement signed by the non-consenting birth parent that he or she received notice and information regarding the opportunity to negotiate and enter into a Voluntary Post-Adoption Contact Agreement;

 (4) a birth certificate or certification of registration of birth of the child; and

 (5) the signed consent(s) of the adult(s) or Agency to accept custody of the child until such time as the adoption is completed.

Note: The acknowledgements required to be attached as Exhibits under subparagraph (b)(2) and (b)(3) are not required if a Voluntary Post-Adoption Contact Agreement involving that birth parent already has been submitted and approved by the court, is currently pending before the court, or is attached to a separate petition to approve a Voluntary Post-Adoption Contact Agreement that is being filed simultaneously with the filing of this petition. The acknowledgement required to be attached as an Exhibit under subparagraph (b)(3) is not required if reasons are set forth in the petition, and the court determines that such notification need not or cannot be obtained.

 (c) Notice and hearing. After the filing of a petition under 23 Pa.C.S. § 2504, the court shall schedule a private evidentiary hearing not less than ten (10) days after the filing of the petition.

 (1) In accordance with only the method of notice requirements under Rule 15.2(a), notice of the hearing shall be given to the consenter in the form required under subsection 23 Pa.C.S. § 2513(b)(2) and shall state that the parental rights of the consenting parent and the parental rights of any putative father, if applicable, may be terminated at that hearing.

 (2) In accordance with only the method of notice requirements under Rule 15.2(a), a copy of the notice of the hearing shall be given to the other parent, including to the putative father, if applicable. Notice sent to the putative father shall also inform the putative father that his parental rights may be terminated if:

 (A) he fails to file either an acknowledgment of paternity or claim of paternity pursuant to 23 Pa.C.S. § 5103 (relating to acknowledgment and claim of paternity); and

 (B) he fails to either appear at the scheduled hearing to object to the termination of his parental rights or file, with the court prior to the hearing, a written objection to the termination of his parental rights.

 (3) In accordance with only the method of notice requirements under Rule 15.2(a), copy of the notice of the hearing shall be given to the parent(s) of a consenter who has not reached 18 years of age.

 (d) Decree. After the hearing, the court shall enter a decree terminating parental rights as set forth in 23 Pa.C.S. § 2504(b) if the court is satisfied that termination of parental rights is in the best interest of the child, and shall release the parent whose parental rights are terminated of the obligation of support if the child will be in the custody of an Agency.

 (e) Putative father. The court may also terminate the rights of a putative father who has failed to execute a consent to adoption pursuant to 23 Pa.C.S. § 2711, if the putative father has been given notice of the hearing and has failed to appear at the hearing or file a written objection with the court prior to the hearing and has also failed to file an acknowledgment of paternity or claim of paternity pursuant to 23 Pa.C.S. § 5103.

 (f) Right to file medical and personal and/or social history information. The Clerk of the Court shall transmit the decree of termination to the parent whose rights are terminated or to counsel for the parent, if represented. The Clerk of the Court shall also include in that mailing standard instructions advising the parent of his or her continuing right to place and update medical and personal and/or social history information, whether or not the medical condition is in existence or discoverable at the time of adoption, on file with the court and with the Department of Public Welfare. This standard instruction form shall also inform the birth parent that the information will be retained and disclosed only to those allowed to have non-identifying information in accordance with Subchapter B of Chapter 29 of the Adoption Act, 23 Pa.C.S. §§ 2911 et. seq., and further that, identifying information will be disclosed only if there is an authorization or consent form in the file permitting release.

Note: The Clerk of Courts may also include in the mailing to the birth parent or birth parent's counsel any forms promulgated by the Department of Welfare, any forms promulgated by the Department of Health, and any forms adopted by local rule, including those authorizing the release of information, withholding authorization to release information, or revoking any prior authorization to release information. This rule uses the term ''medical and personal and/or social history information'' because the statute refers to these statements in varying ways. Compare 23 Pa.C.S. §§ 2503(d), 2504(d), 2511(c) with 23 Pa.C.S. §§ 2923, 2934.

Rule [15.4] 15.6. Involuntary termination of parental rights.

 (a) Petition. A petition for involuntary termination of parental rights under [Sections 311 and 312 of the Adoption Act] 23 Pa.C.S. §§ 2511—2512 shall include the following allegations:

 (1) the name and address of the [petitioner and his or her] petitioner(s) and the basis for the standing asserted by the petitioner(s);

 (2) the name, age, date of birth, place of birth, racial background, sex and religious affiliation of the child;

 (3) the name, address, age, racial background and religious affiliation of the [parent or parents] parent(s), including the father of a child born out of wedlock, if he has been identified;

 (4) whether a claim for paternity has been filed under 23 Pa.C.S. § 5103 (relating to claim of paternity) if father of the child is not identified in the petition;

(5) the marital status of the mother as of the time of birth of the child and during one year prior thereto [and, if the mother has ever been married, the name of her husband or husbands and her maiden name];

[(5)] (6) the date when the child was placed in the care of the petitioner, and the date when the child was removed from the parent(s) who is/are the subject of the petition, if different;

[(6)] (7) facts constituting grounds for the involuntary termination [under Section 311 of the Adoption Act], and a reference to the applicable [subsection or subsections] subsection(s) of 23 Pa.C.S. § 2511(a) providing the ground(s) for termination;

[(7) whether either parent of the child is entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, (50 U.S.C.A. 501 et seq.);]

 (8) specific facts setting forth why the child was voluntarily or involuntarily removed from the parent(s);

(9) specific facts supporting the termination of parental rights pursuant to the ground(s) for termination alleged in subparagraph (7) above;

(10) that the petitioner has informed and given notice to the birth parent(s) that a birth relative of the child, including the birth parent(s) who is/are the subject of the petition, and the adopting parent(s) of the child have the opportunity to enter into a legally enforceable voluntary agreement for post-adoption contact or communication (''Voluntary Post-Adoption Contact Agreement''), or the reason(s) why such notice has not or cannot be given;

(11) that the petitioner will assume custody of the child until such time as the child is adopted[.]; provided further that, if the petitioner is an individual, an adoption petition and report of intention to adopt has been filed or is presently contemplated; and

(12) that each petitioner has read and understands the petition and believes its filing to be in the child's best interests.

Note: Under Act 101, the adoption agency or an attorney for a party is required to give notice to the adopting parent(s), a birth parent, and, in some instances, a child of the opportunity to enter into Voluntary Post-Adoption Contact Agreements. Notice to birth relatives who are not birth parents (see 23 Pa.C.S. § 2733(c)) is not required to be given, although birth relatives may negotiate and become parties to a voluntary contract with the adopting parent(s) for post-adoption contact or communication. In some cases, the court may dispense with proof that a certain birth parent has received notice of the opportunity to enter into a Voluntary Post-Adoption Contact Agreement. By means of examples, without limitation, the following may be reasons why the court may decide to dispense with proof that both birth parents received such notification: the identity of the other birth parent is unknown; the location of the other birth parent is unknown; the birth parent has never had any contact with the child; the petitioner clearly and convincingly established that the birth parent's rights should be terminated under 23 Pa.C.S. §§ 2511(a)(4) (relating to a child abandoned by an unidentified or missing individual), 2511(a)(7) (relating to a child conceived as a result of rape or incest), 2511(a)(9) (relating to a parent convicted of a criminal homicide or aggravated assault involving his or her child), or that due to abuse and neglect clearly and convincingly established, post-adoption communication or contact would not be in the child's best interest. If the parental rights of the other birth parent were or will be terminated in a separate proceeding, the court can presume that the other birth parent has been or will be informed of the opportunity to enter into a Voluntary Post-Adoption Contact Agreement in that separate proceeding and proof of this notice will be submitted in that proceeding, or based upon facts to be established during the separate proceeding, the court will dispense with proof of such notification.

If a child is age 12 years of age or older, the child must consent to and sign the Voluntary Post-Adoption Contact Agreement. 23 Pa.C.S. § 2734. The court finalizing the adoption shall verify that a child who has attained twelve (12) years of age prior to finalization of the adoption received notice and information regarding the opportunity to enter into a Voluntary Post-Adoption Contact Agreement. See Pa.O.C. Rule 15.8.

Only a petitioner who is an individual must have a present intent to adopt the child. Such an averment is not necessary if the petitioner is an Agency; in fact, the adopting parents need not have been identified prior to the Agency's filing of a petition to involuntarily terminate parental rights.

 (b) Exhibits. The petition shall have attached to it the following exhibits:

 (1) a birth certificate or certification of registration of birth of the child;

 (2) [the joinder of a parent of a petitioner who is under the age of 18, unless excused by the court.] the signed consent(s) of the adult(s) to accept custody of the child until such time as the adoption is completed if the petitioner(s) is not an Agency; and

(3) acknowledgement(s) signed by the birth parent(s) who is/are the subject of the petition or a certificate of service attested by the petitioner or counsel for the petitioner that the birth parent(s) who is/are the subject of the petition has or have received notice and information of the opportunity to negotiate and enter into a legally enforceable Voluntary Post-Adoption Contact Agreement.

Note: The acknowledgement(s) required to be attached as Exhibit(s) under subparagraph (b)(3) is not required if the petitioner(s) has alleged that facts will be established to show that post-adoption communication or contact with the birth parent(s) should not be allowed or is not in the child's best interest.

*  *  *  *  *

 (d) Notice and hearing. [Notice of the hearing on the petition shall be given, in accordance with Rule 15.6 hereof, to the parent or parents whose rights are sought to be terminated, including the parent of a child born out of wedlock, to any intermediary named in a Report of Intention to Adopt, if one has been filed, and to the guardian of the person or guardian ad litem of any parent or parents who is or are under the age of 18 years. Each petitioner, each person whose joinder or consent is attached to the petition and any intermediary named in a Report of Intention to Adopt shall be examined under oath at the hearing unless they are excused by the court.] After the filing of a petition under 23 Pa.C.S. §§ 2511—2512, the court shall schedule a private evidentiary hearing providing sufficient time for notice to be given as provided below.

(1) In compliance with Rule 15.2, notice of the hearing shall be given to the birth parent(s) who is/are the subject of the petition and shall contain the form of notice required in subsection 23 Pa.C.S. § 2513(b).

(2) In accordance with Rule 15.2, a copy of the notice of the hearing in the form required by 23 Pa.C.S. § 2513(b) shall be given to the other parent who is not the subject of the petition, the putative father, including any putative father who has filed a claim of paternity pursuant to 23 Pa.C.S. § 5103 (relating to acknowledgment and claim of paternity), and the parent(s) or guardian(s) of a birth parent whose parental rights are sought to be terminated if such birth parent has not reached 18 years of age.

(e) Decree. After the hearing, the court shall enter a decree terminating parental rights as set forth in 23 Pa.C.S. § 2513(d) if the court is satisfied that the petitioner has established, by clear and convincing evidence, at least one of the grounds for termination under 23 Pa.C.S. § 2511(a) and thereafter established by clear and convincing evidence that termination is in the best interest of the child.

(f) Right to file medical and personal and/or social history information. The Clerk of the Court shall transmit the decree of termination to the parent whose rights are terminated or to counsel for the parent, if represented. The Clerk of the Court shall also include in that mailing standard instructions advising the parent of his or her continuing right to place and update medical and personal and/or social history information, whether or not the medical condition is in existence or discoverable at the time of adoption, on file with the court and with the Department of Public Welfare. This standard instruction form shall also inform the birth parent that the information will be retained and disclosed only to those allowed to have non-identifying information in accordance with Subchapter B of Chapter 29 of the Adoption Act, 23 Pa.C.S. Section §§ 2911 et. seq., and further that, identifying information will be disclosed only if there is an authorization or consent form in the file permitting release.

Note: The Clerk of Courts may also include in the mailing to the birth parent or birth parent's counsel any forms promulgated by the Department of Welfare, any forms promulgated by the Department of Health, and any forms adopted by local rule, including those authorizing the release of information, withholding authorization to release information, or revoking any prior authorization to release information. This rule uses the term ''medical and personal and/or social history information'' because the statute refers to these statements in varying ways. Compare 23 Pa.C.S. §§ 2503(d), 2504(d), 2511(c) with 23 Pa.C.S. §§ 2923, 2934.

 (Editor's Note: Rule 15.7 is new and printed in regular type to enhance readability.)

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