§ 2513. Hearing.
(a) Time.--The court shall fix a time for hearing on a petition filed under section 2512 (relating
to petition for involuntary termination) which shall be not less than ten days after
filing of the petition.
(b) Notice.--At least ten days' notice shall be given to the parent or parents, putative father,
or parent of a minor parent whose rights are to be terminated, by personal service
or by registered mail to his or their last known address or by such other means as
the court may require. A copy of the notice shall be given in the same manner to the
other parent, putative father or parent or guardian of a minor parent whose rights
are to be terminated. A putative father shall include one who has filed a claim of
paternity as provided in section 5103 (relating to acknowledgment and claim of paternity)
prior to the institution of proceedings. The notice shall state the following:
"A petition has been filed asking the court to put an end to all rights you have to
your child (insert name of child). The court has set a hearing to consider ending
your rights to your child. That hearing will be held in (insert place, giving reference
to exact room and building number or designation) on (insert date) at (insert time).
You are warned that even if you fail to appear at the scheduled hearing, the hearing
will go on without you and your rights to your child may be ended by the court without
your being present. You have a right to be represented at the hearing by a lawyer.
You should take this paper to your lawyer at once. If you do not have a lawyer or
cannot afford one, go to or telephone the office set forth below to find out where
you can get legal help.
(c) Mother competent witness on paternity issue.--The natural mother shall be a competent witness as to whether the presumptive or putative
father is the natural father of the child.
(d) Decree.--After hearing, which may be private, the court shall make a finding relative to the
pertinent provisions of section 2511 (relating to grounds for involuntary termination)
and upon such finding may enter a decree of termination of parental rights.
(June 23, 1982, P.L.617, No.174, eff. 60 days; May 21, 1992, P.L.228, No.34, eff.
60 days)
1992 Amendment. Act 34 amended subsec. (b).
Cross References. Section 2513 is referred to in sections 2504, 2714 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).
· cites it 2× “23 Pa.C.S. § 2513. When an agency has filed a petition for involuntary termination of parental rights, the agency bears the burden of proving one or more of the factors set forth in Section 2511 at the hearing on the petition.”
In the Interest of: A.N.P., a Minor Appeal of: E., 155 A.3d 55 (Pa. Super. Ct. 2017).
· cites it 2× “Indeed, the statutory language of 23 Pa.C.S. § 2513 requires a warning to the parent that, upon failure to appear, the hearing will proceed without the parent, and the parent’s rights to the child in question may be terminated by the court without the parent’s presence at the…”
In Re Adoption of T.M.F., 573 A.2d 1035 (Pa. 1990).
· cites it 2× “(Name) ___________________________________ (Address) ________________________________ __________________________________________ (Telephone number) _____________________ " 23 Pa.Cons.Stat.Ann. § 2513(b). Section 2513(b) indicates that parents have a right to obtain counsel by…”
In Re: M.K., a Minor, 268 A.3d 492 (Pa. Super. Ct. 2022).
· cites it 4× “Father now argues the orphans’ court erred by finding that the respective county’s Children and Youth Social Service Agency (CYS) provided Father with proper legal notice of the underlying termination of parental rights (TPR) proceeding pursuant to 23 Pa.C.S. § 2513 and…”
In the Int. Of:l.f.b., L.w.b., Jr.,t.e.m.b.&t.l.b (Pa. Super. Ct. 2016).
· cites it 3× “(Name)________________ (Address) ______________ (Telephone number)______” 23 Pa.C.S. § 2513(b). Instantly, DHS filed petitions to involuntarily terminate Mother’s parental rights on October 20, 2014, and served all parties with notice of the termination hearing and a copy of the…”
In the Matter of: S.H.D.N., a Minor, 2025 Pa. Super. 163 (Pa. Super. Ct. 2025).
· cites it 3× “23 Pa.C.S. § 2513. In the present matter, Mother does not claim that she lacked proper notice of the November 13, 2024 termination hearing.”
In the Interest of: J.R.S., a Minor (Pa. Super. Ct. 2017).
· cites it 2× “Mother’s trial counsel immediately objected to the lack of service of the petition on Mother by personal service or by registered mail as required by 23 Pa.C.S. § 2513, at least ten days in advance, as follows: [Mother’s trial counsel]: I object, your Honor, based on the notice…”
Adoption of: J.A.U., Appeal of: J.A.U (Pa. Super. Ct. 2020).
· cites it 2× “--The court shall fix a time for hearing on a petition filed under section 2512 (relating to petition for involuntary termination) which shall be not less than ten days after filing of the petition.”
In the Int. of: A.S., Appeal of: L.P. (Pa. Super. Ct. 2022).
· cites it 2× “§ 5323(d), with a court’s duty to “make a finding relative to the pertinent provisions of section 2511” following a termination hearing “and upon such finding may enter a decree of termination of parental rights[,]” 23 Pa.C.S. § 2513(d). According to Mother, “because…”
In the Interest of: A.N.P., a Minor Appeal of: E. (Pa. Super. Ct. 2016).
“Indeed, the statutory language of 23 Pa.C.S. § 2513 requires a warning to the parent that, upon failure to appear, the hearing will proceed without the parent, and the parent’s rights to the child in question may be terminated by the court without the parent’s presence at the…”
— 23 Pa. Cons. Stat. § 2513(a) — 3 cases
In Re: M.K., a Minor, 268 A.3d 492 (Pa. Super. Ct. 2022).
“Father now argues the orphans’ court erred by finding that the respective county’s Children and Youth Social Service Agency (CYS) provided Father with proper legal notice of the underlying termination of parental rights (TPR) proceeding pursuant to 23 Pa.C.S. § 2513 and…”
— 23 Pa. Cons. Stat. § 2513(b) — 17 cases
In Re Adoption of T.M.F., 573 A.2d 1035 (Pa. 1990).
“(Name) ___________________________________ (Address) ________________________________ __________________________________________ (Telephone number) _____________________ " 23 Pa.Cons.Stat.Ann. § 2513(b). Section 2513(b) indicates that parents have a right to obtain counsel by…”
In the Interest of: A.N.P., a Minor Appeal of: E., 155 A.3d 55 (Pa. Super. Ct. 2017).
“Indeed, the statutory language of 23 Pa.C.S. § 2513 requires a warning to the parent that, upon failure to appear, the hearing will proceed without the parent, and the parent’s rights to the child in question may be terminated by the court without the parent’s presence at the…”
In the Int. Of:l.f.b., L.w.b., Jr.,t.e.m.b.&t.l.b (Pa. Super. Ct. 2016).
“(Name)________________ (Address) ______________ (Telephone number)______” 23 Pa.C.S. § 2513(b). Instantly, DHS filed petitions to involuntarily terminate Mother’s parental rights on October 20, 2014, and served all parties with notice of the termination hearing and a copy of the…”
— 23 Pa. Cons. Stat. § 2513(d) — 2 cases
In the Int. of: A.S., Appeal of: L.P. (Pa. Super. Ct. 2022).
“§ 5323(d), with a court’s duty to “make a finding relative to the pertinent provisions of section 2511” following a termination hearing “and upon such finding may enter a decree of termination of parental rights[,]” 23 Pa.C.S. § 2513(d). According to Mother, “because…”
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