§ 2504. Alternative procedure for relinquishment.
(a) Petition to confirm consent to adoption.--If the parent or parents of the child have executed consents to an adoption, upon
petition by the intermediary or, where there is no intermediary, by the adoptive parent,
the court shall hold a hearing for the purpose of confirming a consent to an adoption
upon expiration of the time periods under section 2711 (relating to consents necessary
to adoption). The original consent or consents to the adoption shall be attached to
the petition.
(b) Hearing.--Upon presentation of a petition filed pursuant to this section, the court shall fix
a time for a hearing which shall not be less than ten days after filing of the petition.
Notice of the hearing shall be by personal service or by registered mail or by such
other means as the court may require upon the consenter and shall be in the form provided
in section 2513(b) (relating to hearing). Notice of the hearing shall be given to
the other parent or parents, to the putative father whose parental rights could be
terminated pursuant to subsection (c) and to the parents or guardian of a consenting
parent who has not reached 18 years of age. The notice shall state that the consenting
parent's or putative father's rights may be terminated as a result of the hearing.
After hearing, which shall be private, the court may enter a decree of termination
of parental rights in the case of a relinquishment to an adult or a decree of termination
of parental rights and duties, including the obligation of support, in the case of
a relinquishment to an agency.
(c) Putative father.--If a putative father will not execute a consent to an adoption as required by section
2711, has been given notice of the hearing being held pursuant to this section and
fails to either appear at that hearing for the purpose of objecting to termination
of his parental rights or file a written objection to such termination with the court
prior to the hearing and has not filed an acknowledgment of paternity or claim of
paternity pursuant to section 5103 (relating to acknowledgment and claim of paternity),
the court may enter a decree terminating the parental rights of the putative father
pursuant to subsection (b).
(d) Right to file personal and medical history information.--At the time the decree of termination is transmitted to the parent, the court shall
also advise, in writing, the parent whose rights have been terminated of his or her
continuing right to place and update personal and medical 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 pursuant to Subchapter B of Chapter 29 (relating to records and access to information).
(June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff.
60 days; Dec. 20, 1995, P.L.685, No.76, eff. 60 days; Mar. 24, 2004, P.L.159, No.21,
eff. 60 days; Oct. 27, 2010, P.L.961, No.101, eff. 180 days)
2010 Amendment. Act 101 amended subsec. (d).
2004 Amendment. Act 21 amended subsec. (a). Section 2 of Act 21 provided that the amendment of subsec.
(a) shall apply to adoptions which are initiated on or after the effective date of
section 2.
References in Text. The Department of Public Welfare, referred to in this section, was redesignated as
the Department of Human Services by Act 132 of 2014.
Cross References. Section 2504 is referred to in section 2505 of this title.
Notes of Decisions
In Re: C.M.C., a minor, Appeal of C.L.C., 140 A.3d 699 (Pa. Super. Ct. 2016).
“23 Pa.C.S. § 2504. Section 2505 of the Adoption Act provides for counseling for the parent voluntarily relinquishing his or her parental rights under Section 2503 or 2504, as follows: § 2505.”
In Re Adoption of Hess, 608 A.2d 10 (Pa. 1992).
· cites it 2× “§ 2503(b); 23 Pa.C.S. § 2504(b). The parents of Melanie and Matthew were 25 and 34 years of age at the time they executed their consents to adoption.”
In Re Adoption of Hess, 562 A.2d 1375 (Pa. 1989).
· cites it 2× “Consents to *318 adoption had been executed in writing by the parents, and no attempt had been made to revoke these consents within the forty day waiting period required by 23 Pa.C.S. § 2504(a). Thereafter, Family and Children's Service petitioned to confirm the parents'…”
In Re: C.P.D., Appeal of: T.P.D., 2024 Pa. Super. 201 (Pa. Super. Ct. 2024).
“” 23 Pa.C.S. § 2504(a). The hearing may not take place until after the thirty and sixty day time periods in - 39 - J-S23016-24 Section 2711 have expired.”
In re the Adoption of K.G.M. & T.J.M., 845 A.2d 861 (Pa. Super. Ct. 2004).
“¶ 6 The parties do not dispute that because Father “failed for a period of 40 days after executing the consent to file or proceed with the petition for voluntary relinquishment of parental rights,” Mother and B.S.Y. were allowed to “petition the court to hold a hearing for the…”
In Re: Adoption of: D.G.J., Appeal of: H.L.H., 277 A.3d 12034 (Pa. Super. Ct. 2022).
· cites it 4× “See 23 Pa.C.S. § 2504(a). The court will then schedule a hearing to confirm the consent that the parent previously gave to the adoption.”
In the Interest of: J.R.M., a Minor (Pa. Super. Ct. 2017).
· cites it 4× “After careful review, we vacate both decrees. We summarize the relevant facts and procedural history as follows: The Children were placed in the custody of Luzerne County Children and Youth Services (“CYS”) on March 25, 2015, due to Mother’s and Father’s drug and alcohol use and…”
In the Int. of: C.R.G., a Minor (Pa. Super. Ct. 2020).
· cites it 3× “See 23 Pa.C.S. § 2504(a). The court will then schedule a hearing to confirm the consent that the parent previously gave to the adoption.”
In the Interest of: H.L.C.-M. (Pa. Super. Ct. 2016).
· cites it 2× “§ 2711, and the trial court granted the Agency’s petition to confirm consent and terminate Father’s parental rights in accordance with 23 Pa.C.S. § 2504. Section 2504, which provides for an alternative procedure for the relinquishment of parental rights, states in pertinent part…”
In the Int. of: A.B.A.-R.A, Appeal of: A.B. (Pa. Super. Ct. 2020).
· cites it 2× “In April of 2014, Child’s dependency was discharged, and the trial court awarded Father custody of ____________________________________________ The trial court recognized that Father executed a consent to adopt on September 23, 2019, and that DHS had filed a petition to confirm…”
In the Interest of: S.K.L.R. (Pa. Super. Ct. 2020).
· cites it 2× “Did the orphans’ court err as a matter of law or abuse its discretion in its analysis of 23 Pa.C.S. § 2504, 23 Pa.C.S. § 2711, and 23 Pa.”
— 23 Pa. Cons. Stat. § 2504(a) — 10 cases
In Re Adoption of Hess, 562 A.2d 1375 (Pa. 1989).
“Consents to *318 adoption had been executed in writing by the parents, and no attempt had been made to revoke these consents within the forty day waiting period required by 23 Pa.C.S. § 2504(a). Thereafter, Family and Children's Service petitioned to confirm the parents'…”
In Re: C.P.D., Appeal of: T.P.D., 2024 Pa. Super. 201 (Pa. Super. Ct. 2024).
“” 23 Pa.C.S. § 2504(a). The hearing may not take place until after the thirty and sixty day time periods in - 39 - J-S23016-24 Section 2711 have expired.”
In re the Adoption of K.G.M. & T.J.M., 845 A.2d 861 (Pa. Super. Ct. 2004).
“¶ 6 The parties do not dispute that because Father “failed for a period of 40 days after executing the consent to file or proceed with the petition for voluntary relinquishment of parental rights,” Mother and B.S.Y. were allowed to “petition the court to hold a hearing for the…”
— 23 Pa. Cons. Stat. § 2504(b) — 4 cases
In Re Adoption of Hess, 608 A.2d 10 (Pa. 1992).
“§ 2503(b); 23 Pa.C.S. § 2504(b). The parents of Melanie and Matthew were 25 and 34 years of age at the time they executed their consents to adoption.”
In the Int. of: C.R.G., a Minor (Pa. Super. Ct. 2020).
“See 23 Pa.C.S. § 2504(a). The court will then schedule a hearing to confirm the consent that the parent previously gave to the adoption.”
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