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PRIOR PRINTER'S NOS. 2320, 3480 PRINTER'S NO. 3644
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 133
Session of
2025
INTRODUCED BY KRAJEWSKI, DELOZIER, WAXMAN, HILL-EVANS, WEBSTER,
McNEILL, SAMUELSON, RIVERA, SANCHEZ, FIEDLER, CEPEDA-FREYTIZ,
HOWARD, HOHENSTEIN, GREEN AND KHAN, SEPTEMBER 17, 2025
AS AMENDED ON SECOND CONSIDERATION, HOUSE OF REPRESENTATIVES,
JUNE 17, 2026
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in proceedings prior to petition to
adopt, further providing for relinquishment to adult
intending to adopt child, for alternative procedure for
relinquishment and for petition for involuntary termination;
and providing for reinstatement of parental rights.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Section 2502(a) of Title 23 of the Pennsylvania
Consolidated Statutes is amended to read:
§ 2502. Relinquishment to adult intending to adopt child.
(a) Petition.--When any child under the age of 18 years has
been for a minimum period of three days in the exclusive care of
an adult or adults who have filed a report of intention to adopt
required by section 2531 (relating to report of intention to
adopt), or when a petition for reinstatement of parental rights
has been filed under Chapter 30 (relating to reinstatement of
parental rights), the parent or parents of the child may
petition the court for permission to relinquish forever all
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parental rights to their child.
* * *
Section 2. Section 2504 of Title 23 is amended by adding a
subsection to read:
§ 2504. Alternative procedure for relinquishment.
* * *
(a.1) Petition to confirm consent to reinstatement of
parental rights.--If the parent or parents of the child have
executed consents to reinstatement of parental rights under
Chapter 30 (relating to reinstatement of parental rights), upon
petition by a party under section 3001(a) (relating to
petition), the court shall hold a hearing for the purpose of
confirming a consent to reinstatement of parental rights. The
original consent or consents shall be attached to the petition.
* * *
Section 3. Section 2512(b)(3) of Title 23 is amended and
subsection (a) is amended by adding a paragraph to read:
§ 2512. Petition for involuntary termination.
(a) Who may file.--A petition to terminate parental rights
with respect to a child under the age of 18 years may be filed
by any of the following:
* * *
(5) A party under section 3001(a) (relating to petition)
or an attorney representing the party.
(b) Contents.--The following apply:
* * *
(3) If the petitioner is a parent and section 2514
(relating to special provisions when child conceived as a
result of rape or incest) applies, or if the petitioner is an
agency, or if the petitioner is a party under section
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3001(a), the petitioner shall not be required to aver that an
adoption is presently contemplated nor that a person with a
present intention to adopt exists.
* * *
Section 4. Title 23 is amended by adding a chapter to read:
CHAPTER 30
REINSTATEMENT OF PARENTAL RIGHTS
Sec.
3000. VENUE.
3001. Petition.
3002. Representation.
3003. Hearing.
3004. Orders.
§ 3000. VENUE.
PROCEEDINGS FOR REINSTATEMENT MAY BE BROUGHT IN THE COURT OF
THE COUNTY:
(1) WHERE THE CHILD RESIDES.
(2) IN WHICH IS LOCATED AN OFFICE OF AN AGENCY HAVING
CUSTODY OR IN THE COUNTY WHERE THE AGENCY HAVING PLACED THE
CHILD IS LOCATED.
(3) WITH THE LEAVE OF COURT IN WHICH THE CHILD FORMERLY
RESIDED.
§ 3001. Petition.
(a) Persons who may file.--The following persons may file a
petition with the court under this chapter to reinstate the
parental rights of a former parent whose parental rights were
terminated by the agency under Subchapter A of Chapter 25
(relating to voluntary relinquishment) or Subchapter B of
Chapter 25 (relating to involuntary termination) , unless the
former parent's parental rights were previously involuntarily
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terminated under section 2511(a)(7), (9), (10) or (11) (relating
to grounds for involuntary termination) :
(1) the agency;
(2) if the child is at least 14 years of age, the child,
former child or an attorney representing the child who is the
subject of the petition; or
(3) the former parent whose parental rights were
voluntarily relinquished or involuntarily terminated, or an
attorney representing the former parent .
(b) Requirements.--A petition for reinstatement of parental
rights may be filed under this chapter only if:
(1) the termination of parental rights resulted from a
petition filed by the agency;
(2) the order terminating parental rights is final ; and
(3) at least 15 months have elapsed since entry of the
order terminating parental rights, or the child is at least
17 years of age, and AT LEAST one of the following applies:
(i) the child IS IN THE CUSTODY OF THE AGENCY AND
has not been adopted and no petition for adoption has
been filed; OR
(ii) the child is in the custody of the agency;
(iii) the child is no longer in the care of the
adoptive parent and the adoptive parent is not performing
parental duties and reunification with the adoptive
parent is not imminent ;
(iv) a petition under section 2501 (relating to
relinquishment to agency), 2502 (relating to
relinquishment to adult intending to adopt child) or 2504
(relating to alternative procedure for relinquishment)
regarding the adoptive parent has been filed or will be
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filed; or
(v) a petition under section 2512 (relating to
petition for involuntary termination) regarding the
adoptive parent has been filed or will be filed.
(II) THE CHILD WAS ADOPTED AND IS NOT IN THE CUSTODY
OF THE ADOPTED PARENT AND ONE OF THE FOLLOWING APPLIES:
(A) A PETITION UNDER SECTION 2501 (RELATING TO
RELINQUISHMENT TO AGENCY), 2502 (RELATING TO
RELINQUISHMENT TO ADULT INTENDING TO ADOPT CHILD) OR
2504 (RELATING TO ALTERNATIVE PROCEDURE FOR
RELINQUISHMENT) REGARDING THE ADOPTIVE PARENT HAS
BEEN FILED OR WILL BE FILED; OR
(B) A PETITION UNDER SECTION 2512 (RELATING TO
PETITION FOR INVOLUNTARY TERMINATION) REGARDING THE
ADOPTIVE PARENT HAS BEEN FILED OR WILL BE FILED.
(c) Content.--The contents of the petition for reinstatement
of parental rights must be sworn by the petitioner and include
the following information:
(1) the name of the petitioner;
(2) the name, date of birth and current residence
address of the former parent whose parental rights are sought
to be reinstated;
(3) the child's name, or last known name and, if known,
date and place of birth and current address;
(4) a statement of the grounds on which the court
rendered the order terminating the former parent's parental
rights;
(5) a summary statement of the facts and evidence that
the petitioner believes demonstrate the former parent whose
parental rights are sought to be reinstated is willing and
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able to provide day-to-day care and maintain the child's
health, safety and welfare ;
(6) a statement of the former parent whose parental
rights are sought to be reinstated requesting the
reinstatement of parental rights ;
(7) if the child is 12 years of age or older, a
statement whether the child consents to the reinstatement of
parental rights or an averment that, despite good faith
efforts, the child's position cannot be ascertained;
(8) a statement about why reinstatement of parental
rights would be in the best interest of the child;
(9) a summary of any prior request or motion for
reinstatement by the former parent whose parental rights are
sought to be reinstated and, if the former parent is not the
petitioner, by the petitioner with respect to the child ; and
(10) if the child has been adopted, an averment stating
whether a petition regarding the EACH adoptive parent under
section 2501, 2502 or 2504, or a petition under section 2512,
has been or will be filed , and whether it OR is filed
concurrently with or before the petition for reinstatement of
parental rights.
(d) Notice.--The court shall serve the petition for
reinstatement of parental rights and notice of hearing on:
(1) the child or the child's representative;
(2) the agency attorney;
(3) the child's attorney;
(4) if the former parent is not the petitioner, the
former parent whose parental rights are sought to be
reinstated;
(5) the EACH adoptive parent, unless parental rights
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have already been terminated; and
(6) if the child is subject to the Indian Child Welfare
Act of 1978 (Public Law 95-608, 25 U.S.C. § 1901 et seq.),
the designated tribal service agent of the child's tribe and
any other person entitled to notice under Federal law.
(e) Investigation.--When a petition for reinstatement of
parental rights has been filed, the court may cause an
investigation to be made and a report to be filed by a local
public child care agency, a voluntary child care agency with the
court's consent or an appropriate person designated by the
court. The following shall apply:
(1) The investigation shall cover all pertinent
information regarding the child's eligibility for
reinstatement of parental rights and the suitability of the
home, including A N ASSESSMENT OF THE HOME ENVIRONMENT, the
physical, mental and emotional needs and welfare of the child
AND THE FORMER PARENT'S CAPACITY TO MEET THE CHILD'S NEEDS .
(2) The court may establish the procedure for the
payment of costs of the investigation. The costs shall be
waived for parties eligible for in forma pauperis status.
§ 3002. Representation.
(a) Child.--The court shall appoint counsel or a guardian ad
litem to represent the child in a proceeding under this chapter.
A guardian ad litem shall be an attorney at law and shall
represent the child's legal and best interests. The following
shall apply:
(1) If the child's legal and best interests conflict,
the guardian ad litem may move the court to be appointed as
legal counsel and for appointment of a separate guardian ad
litem.
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(2) If the child is already represented by counsel or a
guardian ad litem, the court shall appoint the same attorney
or attorneys to represent the child in proceedings under this
chapter.
(b) Former parent.--
(1) The court shall appoint counsel for a former parent
in a proceeding under this chapter if, upon petition of the
former parent, the court determines:
(i) the former parent is unable to pay for counsel;
or
(ii) payment would result in substantial financial
hardship.
(2) The court shall appoint counsel on behalf of the
former parent no later than upon service of notice of the
petition as required in section 3001 (relating to petition).
(C) ADOPTIVE PARENT.--
(1) THE COURT SHALL APPOINT COUNSEL FOR EACH ADOPTIVE
PARENT IN A PROCEEDING UNDER THIS CHAPTER IF, UPON PETITION
OF AN ADOPTIVE PARENT, THE COURT DETERMINES:
(I) THE ADOPTIVE PARENT IS UNABLE TO PAY FOR
COUNSEL; OR
(II) PAYMENT WOULD RESULT IN SUBSTANTIAL FINANCIAL
HARDSHIP.
(2) THE COURT SHALL APPOINT COUNSEL ON BEHALF OF EACH
ADOPTIVE PARENT NO LATER THAN UPON SERVICE OF NOTICE OF THE
PETITION AS REQUIRED IN SECTION 3001.
§ 3003. Hearing.
(a) Prehearing conference.-- Upon the filing of a petition
under this chapter, the court shall conduct a prehearing
conference not later than 30 days after filing to determine
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compliance with sections 3001 (relating to petition) and 3002
(relating to representation), identify the issues for hearing
and resolve discovery matters. The following shall apply:
(1) If the petitioner fails to appear, the court shall
dismiss the petition.
(2) If the child is in the custody of the agency, the
agency shall file with the court and serve on all parties and
counsel a report identifying the services and supports the
family receives or will receive. The report shall be filed
and served not later than the prehearing conference. The
prehearing conference shall be held no later than 30 days
after the filing of the petition.
(3) If the court determines that the requirements of
sections 3001 and 3002 have been met, the court shall
schedule an evidentiary hearing not later than 60 days after
the prehearing conference.
(b) Procedure.--
(1) The court shall hold a hearing under this chapter
not later than 60 days after the prehearing conference under
subsection (a) .
(2) The petitioner has the burden of proof in the
hearing, and each party may call witnesses and present
evidence.
(3) If the child is 12 years of age or older, the child
shall appear at the hearing. If the child is under 12 years
of age, the court may, for good cause shown, waive the
child's appearance. On motion of a party or on its own
motion, the court shall permit the child to testify via
video.
(4) Subject to subsection (c), the court may grant the
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petition and order reinstatement of the former parent's
parental rights only if the court finds by clear and
convincing evidence the following factors:
(i) reinstatement of parental rights is in the
child's best interests;
(ii) material changes in circumstances related to
the termination of parental rights which have occurred
since the date of the termination of parental rights;
(iii) at least one of the following applies:
(A) the child has not been adopted;
(B) the child is no longer in the care of the
adoptive parent;
(C) a decree under section 2503(c) (relating to
hearing) terminating the EACH adoptive parent's
rights has been entered or is entered concurrently;
or
(D) (C) a decree under section 2513(d) (relating
to hearing) terminating the EACH adoptive parent's
rights has been entered or is entered concurrently;
(iv) if the child is 12 years of age or older, the
child consents to the reinstatement and desires to reside
with the FORMER parent; and
(v) the former parent is willing and able to provide
day-to-day care and maintain the child's health, safety
and welfare .
(c) Additional considerations by the court.--In determining
whether to grant a petition under this chapter relating to a
child who is under 12 years of age on the date the petition is
filed, the court shall consider, in addition to the factors
described in subsection (b)(4) :
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(1) the child's age, maturity and ability to express a
preference; and
(2) the child's preference regarding the reinstatement.
(d) Related proceedings.--If a petition under section 2501
(relating to relinquishment to agency), 2502 (relating to
relinquishment to adult intending to adopt child), 2504
(relating to alternative procedure for relinquishment) or 2512
(relating to petition for involuntary termination) has been
filed regarding the adoptive parent, the court shall hold the
hearing required by section 2503 or 2513 on that petition before
or concurrently with the hearing under this chapter.
(e) Consents when child adopted.--
(1) If the child has been adopted and the EACH adoptive
parent is not deceased, reinstatement under this chapter
requires the consent of:
(i) the EACH adoptive parent; and
(ii) the child, if 12 years of age or older.
(2) A consent executed outside this Commonwealth is
valid if executed in accordance with the law of the
jurisdiction where executed. A consent to reinstatement may
be revoked only as provided in this paragraph. Revocation
shall be in writing and served upon the agency or adult to
whom the child was relinquished. The following shall apply:
(i) Except as provided in subparagraph (iii), a
consent to reinstatement executed by an EACH adoptive
parent is irrevocable more than 30 days after execution.
(ii) A person may not waive the revocation period
under subparagraph (i).
(iii) Notwithstanding subparagraph (i):
(A) A person who executed a consent to
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reinstatement may challenge its validity only by
filing a petition alleging fraud or duress within the
earlier of 60 days after execution of the consent or
30 days after entry of the reinstatement decree.
(B) A consent may be invalidated only upon proof
of fraud or duress by a preponderance of the evidence
if the consenter was 21 years of age or younger, or
by clear and convincing evidence in all other cases.
(3) The following shall apply:
(i) The consent of an EACH adoptive parent for a
child 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 reinstatement of parental rights 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 have the parental
rights of the former parent reinstated.
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.
I understand that this consent to reinstatement
of parental rights is irrevocable unless I revoke it
within 30 days after executing it by delivering a
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written revocation to (insert the name and address of
the agency coordinating the reinstatement of parental
rights) or (insert the name and address of an
attorney who represents the individual relinquishing
parental rights or the former parent seeking
reinstatement of parental rights 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.
(ii) The consent shall include the date and place of
execution and the names, addresses and signatures of at
least two witnesses and their relationship to the
consenter. The consent of an incarcerated parent of an
adoptee may be witnessed by a correctional facility
employee designated by the facility, and any such consent
shall list the facility's address. In lieu of two
witnesses, a consent may be acknowledged before a notary
public.
§ 3004. Orders.
(a) Time period.--Not later than 30 days after a hearing
under this chapter, the court shall render a written order
granting or denying the petition .
(b) Grant of petition.--If the court renders an order
granting the petition, the court shall enter the court's
findings and detailed reasons for the grant of the petition. The
order shall state that all legal rights, powers, privileges,
immunities, duties and obligations of the former parent
regarding the child, including with respect to custody, care,
control and support, are reinstated .
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(c) Denial of petition.--If the court renders an order
denying the petition, the order shall include:
(1) the court's findings and detailed reasons for denial
of the petition; and
(2) a statement prohibiting the filing of a subsequent
petition with respect to the former parent's parental rights
before the first anniversary of the date the order of denial
was issued.
(d) Separate decree required if child adopted.--If the child
has been adopted, a decree under section 2503(c) (relating to
hearing), 2504(c) (relating to alternative procedure for
relinquishment) or 2513(d) (relating to hearing) shall be
required before a decree may be entered under this chapter.
(e) Effect on other former parent.--The grant of a petition
reinstating one former parent's parental rights shall not
restore or otherwise affect the rights of any other former
parent.
(f) Support liability.--A parent whose rights are reinstated
under this section shall not be liable for child support or the
cost of services provided to the child for the period from the
date of the order terminating the parent's rights to the date of
the order reinstating the parent's rights.
(g) Application.--This section shall apply retroactively to
a child who is under the jurisdiction of the court at the time
of the hearing, regardless of the date on which parental rights
were terminated.
Section 5. This act shall take effect in 60 days.
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