§ 2512. Petition for involuntary termination.

365 words·~2 min read·/pa/title-23/chapter-25/2512

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(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:

(1)Either parent when termination is sought with respect to the other parent.

(2)An agency.

(3)The individual having custody or standing in loco parentis to the child and who has filed a report of intention to adopt required by section 2531 (relating to report of intention to adopt).

(4)An attorney representing a child or a guardian ad litem representing a child who has been adjudicated dependent under 42 Pa.C.S. § 6341(c) (relating to adjudication).

(b)Contents.-- The following apply:

(1)The petition shall set forth specifically those grounds and facts alleged as the basis for terminating parental rights.

(2)Except as provided in paragraph (3), the petition filed under this section shall also contain an averment that the petitioner will assume custody of the child until such time as the child is adopted.

(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, 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.

(c)Father not identified.-- If the petition does not identify the father of the child, it shall state whether a claim of paternity has been filed under section 8303 (relating to claim of paternity).

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(Dec. 20, 1995, P.L.685, No.76, eff. 60 days; Oct. 29, 2020, P.L.780, No.95, eff. 60 days)

2020 Amendment. Act 95 amended subsec. (b). Section 3 of Act 95 provided that the amendment or addition of subsec.

(b)and section 2514 apply to petitions to involuntarily terminate parental rights filed on or after the effective date of section 3.

1995 Amendment. Act 76 added subsec. (a)(4).

References in Text. Former section 8303, referred to in this section, is repealed. The subject matter is now contained in section 5103.

Cross References. Section 2512 is referred to in sections 2513, 2521 of this title.

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