Monr. Cnty. Pa. 15.5

As amended through May 18, 2022
Rule 15.5 - Request For Adoption Information
(a) A "Request for Adoption Information About or Contact With Specified Persons" pursuant to Act 101 of 2010, set forth at 23 Pa. C.S.A. § 2911, et seq. shall be filed with the Clerk of Courts who shall treat it as a motion to the Court.
(b) An Authorized Representative of the Court, as appointed by Administrative Order of the President Judge, shall have limited special authority to supply nonidentifying information from the Court's record to the Requestor and to investigate identifying information pursuant to Act 101 of 2010.
(c) Nonidentifying Information Requests:

Pursuant to 23 Pa. C.S.A. § 2932(b), Nonidentifying Information shall be provided by the Authorized Representative to the Requestor, at Requestor's expense. Such information shall be provided within 120 days of the Requestor making payment of reasonable fees to the Authorized Representative.

(d) Identifying Information Requests.

If identifying information is sought by the Requestor, the following shall apply:

1. Authorized Representative and Requestor shall each review Sections 2932, 2933, and 2934 (relating to medical and social history information if such a statement was filed in the adoption proceeding) of the Adoption Act "Nonidentifying Information", "Identifying Information.", and "Medical and Social History Information".
2. Prior to the Authorized Representative beginning any investigative work, Requestor and Authorized Representative should discuss and agree upon all aspects of reasonable compensation related to Authorized Representative's investigation, including costs and expenses, how Requestor will be billed for time expended, and when payment is due. If Requestor and Authorized Representative cannot agree as to all aspects of compensation, Requestor may withdraw his/her Request for Adoption Information by filing a letter stating such with the Clerk of the Orphans' Court.
3. In conducting its investigation and attempting to contact Requestor's natural parents, Authorized Representative shall "ensure that no individual, other than a birth parent is informed of the adoptee's existence and relationship to the birth parent."
4. Authorized Representative is authorized to take "reasonable efforts to locate the subject of the search" and "obtain written authorization from the subject before identifying information is released or contact between the parties is made." If Authorized Representative has concerns or needs additional court authority to exercise its duties, Authorized Representative may state such in a letter to the Court and file it with the Clerk of Orphans' Court.
5. If Requestor's natural parent(s) consent to the release of his/her/their identity and present a place of residence to the Requestor-adoptee, Authorized Representative should obtain written consent from the natural parent(s) and file that consent with the Clerk of the Orphans' Court.
6. If the natural parent(s) have consented to the release of their identity and present place of residence, Authorized Representative is authorized to contact Requestor directly and disclose this information, unless Authorized Representative recommends by letter to the Court that Requestor be notified in a different manner.
7. Authorized Representative shall file a final report with the Clerk of Orphans' Court summarizing what investigative actions were taken, what information was learned, and what information, if any, was disclosed to Requestor and when it was disclosed, even if only "non-identifying" information was requested.
8. Until the Authorized Representative files a final report, the Authorized Representative shall file with the Clerk of Orphans' Court, a status report within one year of the original Request and on each annual anniversary of the filing of the Request.
9. Any documents or letters received by the Clerk of Orphans' Court and related to this matter shall contain a caption referencing the adoptee's name and the docket number so they remain confidential and properly filed.
10. If Authorized Representative wishes to cease being involved in this or other cases, it shall inform the Court immediately in writing by filing a motion with the Orphans' Court.
11. The Authorized Representative shall commence search for "identifying information" if requested, within 120 days of payment of reasonable fees to the Authorized Representative for services to be rendered.

Monr. Cnty. Pa. 15.5