Carb. Cnty. Pa. 15.3.2

As amended through January 4, 2024
Rule 15.3.2 - Alternative Procedure For Relinquishment
(a)Petition to Confirm Consent.

A petition under 2504(a) of the Adoption Act shall be in a form approved by the court, and shall include the following allegations:

(1) The name, address and standing of the petitioner or petitioners, and the date on which the report of intention to adopt and/or the petition for adoption was filed.
(2) The name, age, address and current marital status of the natural parent or parents.
(3) The name, sex, date of birth and the child proposed to be adopted, and the date on which the child was palced with the proposed adoptive parents.
(4) The date on which the petition or petitions for voluntary relinquishment were filed.
(5) The date of the execution of the consent or consents to the adoption by the natural parent or parents.
(6) That a period of forty (40) days has elapsed since the execution of the consent to the adoption and that the consenting parent has not filed or proceeded with a petition for voluntary relinquishment of parental rights as provided for in 2501 and 2502 of the Adoption Act.
(7) Whether either natural parent of the child is entitled to the benefits of the Soldiers and Sailors' Civil Relief Act of 1940, as amended ( 50 U.S.C.A. § 501, etseq.).
(b)Exhibits to Petition to Confirm Consent.

The petition shall have attached to it the following exhibits, in addition to those specified in Carbon Co. O.C.R. 15.1.2:

(1) The original consent of the natural parent in the form prescribed by 2711(d)(1) and (2) of the Adoption Act.
(2) A proposed decree in a form approved by the court.
(c)Petition for Termination of Parental Rights of Non-Consenting Putative Father

A petition under 2504(c) of the Adoption Act shall be in a form approved by the court, and shall include the following allegations:

(1) The name, address and standing of the petitioner or petitioners, and the dates on which the report of intention to adopt and/or the petition for adoption was filed.
(2) The name, age, address and marital slalus or Ihe biological parents as of the birth of the child and during one year prior thereto.
(3) The name, sex, date of birth of the proposed adoptee and the date on which the child was placed with the proposed adoptive parents.
(4) That the biological mother of the adoptee was unmarried at the child's birth.
(5) That the putative father has refused to execute a written consent to the adoption of the prdpdsed ad6pt.ee ahd has hdt Tiled ah acknowledgment of paternity.
(6) Whether the putative father is entitled to the benefits of the Soldiers' and Sailors' Civil Relief Act of 1940, as amended ( 50 U.S.C.A. § 501, et seq.).
(d)Exhibits to Petition for Termination of Parental Rights of Non-Consenting Putative Father

The petition shall have attached to it the following exhibits, in addition to those specified in Carbon Co. O.C.R. 15.1.2:

(1) A birth certificate of the proposed adoptee which indicates that no acknowledgment or claim of paternity has been filed.
(2) A proposed decree in a form approved by the Court.
(e)Disposition of Petitions Under 2504.
(1) The petition shall be filed with the Clerk, who shall place the matter on the next available hearing list, unless otherwise directed by the court.
(2) Absent exceptional circumstances, the Court will not entertain a petition to confirm the consent of only one biological parent, unless the other parent is the petitioner or the spouse of a petitioner in an adoption pending in this court; or the other parent is a putative father who (i) has refused to executive a consent, and has not filed an acknowledgment of paternity, or (ii) is deceased.
(3) Absent exceptional circumstances, a petition to confirm consent will not be entertained by the court unless petition for adoption under 2701 of the Adoption Act has been filed with this court.
(f)Notice and Hearing.
(1) Notice of the hearing on the petition to confirm consent, in the form prescribed by 2513(b) of the Adoption Act, together with a copy of the petition omitting all references to the proposed adoptive parents, shall be served upon the natural parent or parents whose consent is sought to be confirmed, the other parent, a putative father whose rights are sought to be terminated, and to the parents or guardian of a consenting parent who has not reached 18 years of age.
(2) Each petitioner shall be examined under oath at the hearing.

Carb. Cnty. Pa. 15.3.2