2711 - Consents necessary to adoption.
SUBCHAPTER B CONSENTS Sec. 2711. Consents necessary to adoption. 2712. Consents not naming adopting parents. 2713. When other consents not required. 2714. When consent of parent not required. § 2711. Consents necessary to adoption. (a) General rule.--Except as otherwise provided in this part, consent to an adoption shall be required of the following: (1) The adoptee, if over 12 years of age. (2) The spouse of the adopting parent, unless they join in the adoption petition. (3) The parents or surviving parent of an adoptee who has not reached the age of 18 years. (4) The guardian of an incapacitated adoptee. (5) The guardian of the person of an adoptee under the age of 18 years, if any there be, or of the person or persons having the custody of the adoptee, if any such person can be found, whenever the adoptee has no parent whose consent is required. (b) Husband of natural mother.--The consent of the husband of the mother shall not be necessary if, after notice to the husband, it is proved to the satisfaction of the court by evidence, including testimony of the natural mother, that the husband of the natural mother is not the natural father of the child. Absent such proof, the consent of a former husband of the natural mother shall be required if he was the husband of the natural mother at any time within one year prior to the birth of the adoptee. (c) Validity of consent.--No consent shall be valid if it was executed prior to or within 72 hours after the birth of the child. A putative father may execute a consent at any time after receiving notice of the expected or actual birth of the child. Any consent given outside this Commonwealth shall be valid for purposes of this section if it was given in accordance with the laws of the jurisdiction where it was executed. A consent to an adoption may only be revoked as set forth in this subsection. The revocation of a consent shall be in writing and shall be served upon the agency or adult to whom the child was relinquished. The following apply: (1) Except as otherwise provided in paragraph (3): (i) For a consent to an adoption executed by a birth father or a putative father, the consent is irrevocable more than 30 days after the birth of the child or the execution of the consent, whichever occurs later. (ii) For a consent to an adoption executed by a birth mother, the consent is irrevocable more than 30 days after the execution of the consent. (2) An individual may not waive the revocation period under paragraph (1). (3) Notwithstanding paragraph (1), the following apply: (i) An individual who executed a consent to an adoption may challenge the validity of the consent only by filing a petition alleging fraud or duress within the earlier of the following time frames: (A) Sixty days after the birth of the child or the execution of the consent, whichever occurs later. (B) Thirty days after the entry of the adoption decree. (ii) A consent to an adoption may be invalidated only if the alleged fraud or duress under subparagraph (i) is proven by: (A) a preponderance of the evidence in the case of consent by a person 21 years of age or younger; or (B) clear and convincing evidence in all other cases. (d) Contents of consent.-- (1) The consent of a parent of an adoptee under 18 years of age shall set forth the name, age and marital status of the parent, the relationship of the consenter to the child, the name of the other parent or parents of the child and the following: I hereby voluntarily and unconditionally consent to the adoption of the above named child. I understand that by signing this consent I indicate my intent to permanently give up all rights to this child. I understand such child will be placed for adoption. I understand I may revoke this consent to permanently give up all rights to this child by placing the revocation in writing and serving it upon the agency or adult to whom the child was relinquished. If I am the birth father or putative father of the child, I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after either the birth of the child or my execution of the consent, whichever occurs later, by delivering a written revocation to (insert the name and address of the agency coordinating the adoption) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or prospective adoptive parent of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed). If I am the birth mother of the child, I understand that this consent to an adoption is irrevocable unless I revoke it within 30 days after executing it by delivering a written revocation to (insert the name and address of the agency coordinating the adoption) or (insert the name and address of an attorney who represents the individual relinquishing parental rights or prospective adoptive parent of the child) or (insert the court of the county in which the voluntary relinquishment form was or will be filed). I have read and understand the above and I am signing it as a free and voluntary act. (2) The consent shall include the date and place of its execution and names and addresses and signatures of at least two persons who witnessed its execution and their relationship to the consenter. (June 23, 1982, P.L.617, No.174, eff. 60 days; Apr. 16, 1992, P.L.108, No.24, eff. 60 days; May 21, 1992, P.L.228, No.34, eff. 60 days; Mar. 24, 2004, P.L.159, No.21, eff. 60 days) 2004 Amendment. Act 21 amended subsecs. (c) and (d)(1). Section 2 of Act 21 provided that the amendment of subsecs. (c) and (d)(1) shall apply to adoptions which are initiated on or after the effective date of section 2. 1992 Amendments. Act 24 amended subsec. (a) and Act 34 amended subsecs. (c) and (d). Cross References. Section 2711 is referred to in sections 2504, 2533, 2534, 2701, 2702 of this title.