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PRINTER'S NO. 2746
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No. 2123
Session of
2026
INTRODUCED BY McNEILL, DALEY, RIVERA, HANBIDGE, SANCHEZ, HILL-
EVANS, BRENNAN, HOHENSTEIN, HOWARD, NEILSON AND INGLIS,
JANUARY 9, 2026
REFERRED TO COMMITTEE ON PROFESSIONAL LICENSURE, JANUARY 9, 2026
AN ACT
Amending Title 23 (Domestic Relations) of the Pennsylvania
Consolidated Statutes, in jurisdiction and parties, further
providing for representation; in proceedings prior to
petition to adopt, further providing for home study and
preplacement report; providing for adoption intermediary
services and advertising; establishing the Adoption
Intermediary Services Fund; and imposing penalties.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Sections 2313 and 2530 of Title 23 of the
Pennsylvania Consolidated Statutes are amended by adding
subsections to read:
§ 2313. Representation.
* * *
(a.2) Separate legal representation required.--
(1) In a proceeding under this part regarding the
voluntary relinquishment of a child:
(i) Except as provided in subparagraph (ii), a
placing parent of the child shall be represented by an
attorney licensed to practice law in this Commonwealth.
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(ii) A placing parent may waive the right described
under subparagraph (i) after being fully informed of the
right. The following apply to a waiver:
(A) The waiver must be in writing.
(B) A person may not require, request or
otherwise compel a placing parent to waive the right
to representation as a condition of proceeding with
an adoption.
(iii) An attorney representing a placing parent of
the child may not represent any of the following and may
not be affiliated, as an associate, partner, shareholder
or otherwise, with a law firm representing any of the
following:
(A) A prospective adoptive parent of the child.
(B) A representative or agent of a prospective
adoptive parent of the child.
(C) The agency or other person involved in the
voluntary relinquishment of the child.
(2) As used in this subsection, the following words and
phrases shall have the meanings given to them in this
paragraph unless the context clearly indicates otherwise:
"Placing parent." As defined in section 2801 (relating
to definitions).
"Prospective adoptive parent." As defined in section
2801.
* * *
§ 2530. Home study and preplacement report.
* * *
(a.1) Training as part of home study.--A home study may
include a minimum of six hours of training on transracial
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adoption, attachment and trauma-informed parenting. An agency
that provides adoption services may provide the training under
this subsection.
* * *
Section 2. Title 23 is amended by adding a chapter to read:
CHAPTER 28
ADOPTION INTERMEDIARY SERVICES AND ADVERTISING
Sec.
2801. Definitions.
2802. Authority of department.
2803. Adoption intermediary services.
2804. Adoption advertising.
2805. Adoption Intermediary Services Fund.
§ 2801. Definitions.
The following words and phrases when used in this chapter
shall have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Adoption advertising." An advertisement, article, notice or
other paid communication published in a newspaper or magazine,
on the Internet, on a billboard, over radio or television or
through any public media that does any of the following:
(1) Solicits placing parents or prospective adoptive
parents for the purpose of acting as a link between a placing
parent and prospective adoptive parent for the placement of a
child for adoption.
(2) Offers to pay, reimburse or otherwise provide
anything of value to a placing parent of a child in
connection with the birth or adoption of the child, including
living expenses, medical or hospital care and other expenses.
"Adoption intermediary services." Any of the following
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actions in exchange for direct or indirect compensation or other
consideration that is, or is to be, paid or otherwise given:
(1) Soliciting placing parents or prospective adoptive
parents, whether through adoption advertising or other means,
for the purpose of acting as a link between a placing parent
and prospective adoptive parent for the placement of a child
for adoption.
(2) Acting as a link between a placing parent and
prospective adoptive parent, whether directly or through a
representative, attorney or agent of the placing parent or
prospective adoptive parent, for the placement of a child for
adoption.
"Department." The Department of Human Services of the
Commonwealth.
"Fund." The Adoption Intermediary Services Fund established
under section 2805(a) (relating to Adoption Intermediary
Services Fund).
"Placing parent."
(1) An individual who is permitted under State law to
place a child for adoption voluntarily and whose parental
rights to the child have not been terminated.
(2) The term includes:
(i) A biological or adoptive mother of the child.
(ii) A biological, adoptive or legal father of the
child.
(iii) A representative, attorney or agent of the
individual.
"Prospective adoptive parent."
(1) An individual who, with the intent to adopt a child,
holds a valid, unrevoked and unexpired home study in
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accordance with this part.
(2) The term includes a representative, attorney or
agent of the individual.
§ 2802. Authority of department.
The department shall administer and enforce the provisions of
this chapter.
§ 2803. Adoption intermediary services.
(a) Offense.--A person may not provide adoption intermediary
services unless the person is an agency, the department or an
attorney licensed to practice law in this Commonwealth.
(b) Penalties.--A person that violates this section shall be
subject to the following:
(1) For a first violation, a fine of $15,000. The
department shall waive the fine under this paragraph unless
the department determines that the person demonstrated
willful disregard of the requirements of this section.
(2) For a second violation, a fine of $20,000.
(3) For a third or subsequent violation, a fine of
$30,000.
(c) Deposit in fund.--Each fine imposed and collected by the
department under this section shall be deposited into the fund.
§ 2804. Adoption advertising.
(a) Offense.--A person may not engage in adoption
advertising unless the person is an agency, the department or an
attorney licensed to practice law in this Commonwealth.
(b) Penalties.--A person that violates this section shall be
subject to the following:
(1) For a first violation, a fine of $10,000. The
department shall waive the fine under this paragraph unless
the department determines that the person demonstrated
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willful disregard of the requirements of this section.
(2) For a second violation, a fine of $15,000.
(3) For a third or subsequent violation, a fine of
$20,000.
(c) Deposit in fund.--Each fine imposed and collected by the
department under this section shall be deposited into the fund.
(d) Construction.--Nothing in this section shall be
construed to penalize or apply penalties to prospective adoptive
parents advertising that they are available for the placement of
a child into their care for the purposes of adoption, if they
have a valid, unrevoked and unexpired home study in accordance
with this part.
§ 2805. Adoption Intermediary Services Fund.
(a) Establishment.--The Adoption Intermediary Services Fund
is established in the State Treasury.
(b) Use of money.--The money in the fund shall be
appropriated on a continuing basis to the department to be used
to administer and enforce sections 2803 (relating to adoption
intermediary services) and 2804 (relating to adoption
advertising).
Section 3. This act shall apply to proceedings and actions
commenced on or after the effective date of this section.
Section 4. This act shall take effect in 60 days.
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