PRIOR PRINTER'S NOS. 313, 3255 PRINTER'S NO. 3322
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 350
Session of
2023
INTRODUCED BY SANCHEZ, D. MILLER, MADDEN, PROBST, CEPEDA-
FREYTIZ, DELLOSO, HANBIDGE, GUENST, KINKEAD, HOWARD,
N. NELSON, GREEN, MERCURI, WAXMAN AND WEBSTER, MARCH 13, 2023
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 12, 2024
AN ACT
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2 Consolidated Statutes, in proceedings prior to petition to
3 adopt, further providing for hearing, for alternative
4 procedure for relinquishment and for hearing; in support
5 matters generally, further providing for paternity and for
6 continuing jurisdiction over support orders; in general
7 provisions relating to children and minors, repealing
8 provisions relating to acknowledgment and claim of paternity;
9 in jurisdiction, further providing for bases for jurisdiction
10 over nonresident; enacting the Uniform Parentage Act; and
11 providing for parent-child relationship for certain
12 individuals, for voluntary acknowledgment of parentage, for
13 genetic testing, for proceeding to adjudicate parentage, for
14 assisted reproduction, for surrogacy agreements and for
15 information about donors.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Sections 2503(b) and (d), 2504(c), 2513(b),
19 4343(c)(6) and 4352(a) of Title 23 of the Pennsylvania
20 Consolidated Statutes are amended to read:
21 § 2503. Hearing.
22 * * *
23 (b) Notice.--
 1 (1) At least ten days' notice of the hearing shall be
2 given to the petitioner, and a copy of the notice shall be
3 given to the other parent, to the putative father whose
4 parental rights could be terminated pursuant to subsection
5 (d) and to the parents or guardian of a petitioner who has
6 not reached 18 years of age.
7 (2) The notice to the petitioner shall state the
8 following:
9 "To: (insert petitioner's name)
10 A petition has been filed asking the court to put an
11 end to all rights you have to your child (insert name of
12 child). The court has set a hearing to consider ending
13 your rights to your child. That hearing will be held in
14 (insert place, giving reference to exact room and
15 building number or designation) on (insert date) at
16 (insert time). Your presence is required at the hearing.
17 You have a right to be represented at the hearing by a
18 lawyer. You should take this paper to your lawyer at
19 once. If you do not have a lawyer or cannot afford one,
20 go to or telephone the office set forth below to find out
21 where you can get legal help.
22 (Name)....................
23 (Address).................
24 ..........................
25 (Telephone number)........"
26 (3) The copy of the notice which is given to the
27 putative father shall state that his rights may also be
28 subject to termination pursuant to subsection (d) if he
29 [fails to file either an acknowledgment of paternity or claim
30 of paternity pursuant to section 5103 (relating to
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 1 acknowledgment and claim of paternity)] has not filed an
2 acknowledgment or INDEXED claim of parentage pursuant to <--
3 Chapter 93 (relating to voluntary acknowledgment of
4 parentage) and fails to either appear at the hearing for the
5 purpose of objecting to the termination of his rights or file
6 a written objection to such termination with the court prior
7 to the hearing.
8 * * *
9 (d) Putative father.--If a putative father will not file a
10 petition to voluntarily relinquish his parental rights pursuant
11 to section 2501 (relating to relinquishment to agency) or 2502
12 (relating to relinquishment to adult intending to adopt child),
13 has been given notice of the hearing being held pursuant to this
14 section and fails to either appear at that hearing for the
15 purpose of objecting to termination of his parental rights or
16 file a written objection to such termination with the court
17 prior to the hearing and has not filed an acknowledgment [of
18 paternity or claim of paternity pursuant to section 5103] or
19 INDEXED claim of parentage pursuant to Chapter 93, the court may <--
20 enter a decree terminating the parental rights of the putative
21 father pursuant to subsection (c).
22 * * *
23 § 2504. Alternative procedure for relinquishment.
24 * * *
25 (c) Putative father.--If a putative father will not execute
26 a consent to an adoption as required by section 2711, has been
27 given notice of the hearing being held pursuant to this section
28 and fails to either appear at that hearing for the purpose of
29 objecting to termination of his parental rights or file a
30 written objection to such termination with the court prior to
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 1 the hearing and has not filed an acknowledgment [of paternity or
2 claim of paternity pursuant to section 5103 (relating to
3 acknowledgment and claim of paternity)] or INDEXED claim of <--
4 parentage pursuant to Chapter 93 (relating to voluntary
5 acknowledgment of parentage), the court may enter a decree
6 terminating the parental rights of the putative father pursuant
7 to subsection (b).
8 * * *
9 § 2513. Hearing.
10 * * *
11 (b) Notice.--At least ten days' notice shall be given to the
12 parent or parents, putative father, or parent of a minor parent
13 whose rights are to be terminated, by personal service or by
14 registered mail to his or their last known address or by such
15 other means as the court may require. A copy of the notice shall
16 be given in the same manner to the other parent, putative father
17 or parent or guardian of a minor parent whose rights are to be
18 terminated. A putative father shall include one who has filed [a
19 claim of paternity as provided in section 5103 (relating to
20 acknowledgment and claim of paternity)] an acknowledgment or
21 INDEXED claim of parentage as provided in Chapter 93 (relating <--
22 to voluntary acknowledgment of parentage) prior to the
23 institution of proceedings. The notice shall state the
24 following:
25 "A petition has been filed asking the court to put an end
26 to all rights you have to your child (insert name of child).
27 The court has set a hearing to consider ending your rights to
28 your child. That hearing will be held in (insert place,
29 giving reference to exact room and building number or
30 designation) on (insert date) at (insert time). You are
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 1 warned that even if you fail to appear at the scheduled
2 hearing, the hearing will go on without you and your rights
3 to your child may be ended by the court without your being
4 present. You have a right to be represented at the hearing by
5 a lawyer. You should take this paper to your lawyer at once.
6 If you do not have a lawyer or cannot afford one, go to or
7 telephone the office set forth below to find out where you
8 can get legal help.
9 (Name)...................
10 (Address)................
11 .........................
12 (Telephone number)......."
13 * * *
14 § 4343. Paternity.
15 * * *
16 (c) Genetic tests.--
17 * * *
18 [(6) A determination of nonpaternity made by another
19 state with respect to a public assistance recipient shall not
20 be binding upon the Department of Public Welfare unless the
21 defendant shows that the department had actual notice of the
22 proceedings, including the date and time of any trial, and a
23 fair opportunity to participate in all material proceedings
24 through counsel of its own choice.]
25 § 4352. Continuing jurisdiction over support orders.
26 (a) General rule.--The court making an order of support
27 shall at all times maintain jurisdiction of the matter for the
28 purpose of enforcement of the order and for the purpose of
29 increasing, decreasing, modifying or rescinding the order unless
30 otherwise provided by Part VIII (relating to uniform interstate
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 1 family support) [or], VIII-A (relating to intrastate family
2 support) or IX-A (relating to Uniform Parentage Act) without
3 limiting the right of the obligee, or the department if it has
4 an assignment or other interest, to institute additional
5 proceedings for support in any county in which the obligor
6 resides or in which property of the obligor is situated. The
7 Supreme Court shall by general rule establish procedures by
8 which each interested party shall be notified of all proceedings
9 in which support obligations might be established or modified
10 and shall receive a copy of any order issued in a case within 14
11 days after issuance of such order. A petition for modification
12 of a support order may be filed at any time and shall be granted
13 if the requesting party demonstrates a substantial change in
14 circumstances.
15 * * *
16 Section 2. Section 5103 of Title 23 is repealed:
17 [§ 5103. Acknowledgment and claim of paternity.
18 (a) Acknowledgment of paternity.--The father of a child born
19 to an unmarried woman may file with the Department of Public
20 Welfare, on forms prescribed by the department, an
21 acknowledgment of paternity of the child which shall include the
22 consent of the mother of the child, supported by her witnessed
23 statement subject to 18 Pa.C.S. § 4904 (relating to unsworn
24 falsification to authorities). In such case, the father shall
25 have all the rights and duties as to the child which he would
26 have had if he had been married to the mother at the time of the
27 birth of the child, and the child shall have all the rights and
28 duties as to the father which the child would have had if the
29 father had been married to the mother at the time of birth. The
30 hospital or other person accepting an acknowledgment of
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 1 paternity shall provide written and oral notice, which may be
2 through the use of video or audio equipment, to the birth mother
3 and birth father of the alternatives to, the legal consequences
4 of and the rights and responsibilities that arise from, signing
5 the acknowledgment.
6 (b) Claim of paternity.--If the mother of the child fails or
7 refuses to join in the acknowledgment of paternity provided for
8 in subsection (a), the Department of Public Welfare shall index
9 it as a claim of paternity. The filing and indexing of a claim
10 of paternity shall not confer upon the putative father any
11 rights as to the child except that the putative father shall be
12 entitled to notice of any proceeding brought to terminate any
13 parental rights as to the child.
14 (c) Duty of hospital or birthing center.--Upon the birth of
15 a child to an unmarried woman, an agent of the hospital or
16 birthing center where the birth occurred shall:
17 (1) Provide the newborn's birth parents with an
18 opportunity to complete an acknowledgment of paternity. The
19 completed, signed and witnessed acknowledgment shall be sent
20 to the Department of Public Welfare. A copy shall be given to
21 each of the birth parents. This acknowledgment shall contain:
22 (i) A signed, witnessed statement subject to 18
23 Pa.C.S. § 4904 (relating to unsworn falsification to
24 authorities) by the birth mother consenting to the
25 acknowledgment of paternity.
26 (ii) A signed, witnessed statement subject to 18
27 Pa.C.S. § 4904 by the birth father acknowledging his
28 paternity.
29 (iii) A written explanation of the parental duties
30 and parental rights which arise from signing such a
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 1 statement.
2 (iv) The Social Security numbers and addresses of
3 both birth parents.
4 (2) Provide written information, furnished by the
5 department to the birth mother and birth father, which
6 explains the benefits of having the child's paternity
7 established, the availability of paternity establishment
8 services and the availability of child support enforcement
9 agencies.
10 (d) Conclusive evidence.--Notwithstanding any other
11 provision of law, an acknowledgment of paternity shall
12 constitute conclusive evidence of paternity without further
13 judicial ratification in any action to establish support. The
14 court shall give full faith and credit to an acknowledgment of
15 paternity signed in another state according to its procedures.
16 (e) Transfer.--The Department of Health shall transfer to
17 the Department of Public Welfare all acknowledgments or claims
18 of paternity filed with the Department of Health under prior
19 statutes.
20 (f) Certifications.--The Department of Public Welfare shall
21 provide necessary certifications under Part III (relating to
22 adoption) as to whether any acknowledgment or claim of paternity
23 has been filed in regard to any child who is a prospective
24 adoptive child.
25 (g) Rescission.--
26 (1) Notwithstanding any other provision of law, a
27 signed, voluntary, witnessed acknowledgment of paternity
28 subject to 18 Pa.C.S. § 4904 shall be considered a legal
29 finding of paternity, subject to the right of any signatory
30 to rescind the acknowledgment within the earlier of the
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 1 following:
2 (i) sixty days; or
3 (ii) the date of an administrative or judicial
4 proceeding relating to the child, including, but not
5 limited to, a domestic relations section conference or a
6 proceeding to establish a support order in which the
7 signatory is a party.
8 (2) After the expiration of the 60 days, an
9 acknowledgment of paternity may be challenged in court only
10 on the basis of fraud, duress or material mistake of fact,
11 which must be established by the challenger through clear and
12 convincing evidence. An order for support shall not be
13 suspended during the period of challenge except for good
14 cause shown.
15 (h) Penalties for noncompliance.--The department may impose
16 a civil penalty not to exceed $500 per day upon a hospital or
17 birthing center which is not in compliance with the provisions
18 of this section. A penalty under this subsection is subject to 2
19 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of
20 Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial
21 review of Commonwealth agency action).
22 (i) Status of father.--The name of the father shall be
23 included on the record of birth of the child of unmarried
24 parents only if one of the following applies:
25 (1) The father and mother have signed a voluntary
26 acknowledgment of paternity.
27 (2) A court or administrative agency of competent
28 jurisdiction has issued an adjudication of paternity.]
29 Section 3. Section 7201(a) of Title 23 is amended to read:
30 § 7201. Bases for jurisdiction over nonresident.
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 1 (a) Jurisdiction.--In a proceeding to establish or enforce a
2 support order or to determine parentage of a child, a tribunal
3 of this State may exercise personal jurisdiction over a
4 nonresident individual or the individual's guardian or
5 conservator if any of the following apply:
6 (1) The individual is personally served with a writ of
7 summons, complaint or other appropriate pleading within this
8 State.
9 (2) The individual submits to the jurisdiction of this
10 State by consent in a record, by entering a general
11 appearance or by filing a responsive document having the
12 effect of waiving any contest to personal jurisdiction.
13 (3) The individual resided with the child in this State.
14 (4) The individual resided in this State and provided
15 prenatal expenses or support for the child.
16 (5) The child resides in this State as a result of the
17 acts or directives of the individual.
18 (6) The individual engaged in sexual intercourse in this
19 State and the child may have been conceived by that act of
20 intercourse.
21 (7) The individual acknowledged parentage of the child
22 [on a form filed with the department under section 5103
23 (relating to acknowledgment and claim of paternity)] under
24 Chapter 93 (relating to voluntary acknowledgment of