HB 350 — An Act amending Titles 20 (Decedents, Estates and Fiduciaries), 23 (Domestic Relations) and 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, in intestate succession, further providing for rules of succession; in administration and personal representatives, providing for liability of executor; in proceedings prior to petition to adopt, further providing for rules of succession, for hearing, for alternative procedure for relinquishment and for hearing; in support matters generally, further providing general administration of support matters, repealing provisions relating to paternity and further providing for continuing jurisdiction over support orders; in general provisions relating to children and minors, repealing provisions relating to acknowledgment and claim of paternity; in jurisdiction, further providing for bases for jurisdiction over nonresident; enacting the Uniform Parentage Act; providing for parent-child relationship for certain individuals, for voluntary acknowledgment of parentage, for genetic testing, for proceeding to adjudicate parentage, for assisted reproduction, for surrogacy agreements and for information about donors; and, in organization and jurisdiction of courts of common pleas, further providing for original jurisdiction and venue.

20250HB0350PN188020250HB0350PN1937 - 37 - 9603.

or 20250HB0350PN188020250HB0350PN1937 - 38 - (7) a representative authorized by the law of this Commonwealth other than this part to act for an individual who otherwise would be entitled to maintain a proceeding but is deceased, incapacitated or a minor.

20250HB0350PN188020250HB0350PN1937 - 39 - (b) Nonresidents, guardians and conservators.--A court of this Commonwealth with jurisdiction to adjudicate parentage may exercise personal jurisdiction over a nonresident individual, or the guardian or conservator of the individual, if the conditions prescribed in section 7201 (relating to bases for jurisdiction over nonresident) are satisfied.

20250HB0350PN188020250HB0350PN1937 - 40 - 9611.

(a) General rule.--A proceeding to determine whether an 20250HB0350PN188020250HB0350PN1937 - 41 - alleged genetic parent who is not a presumed parent is a parent of a child may be commenced:

or (5) is neither identified nor excluded as a genetic 20250HB0350PN188020250HB0350PN1937 - 42 - parent by genetic testing and, based on other evidence, the court determines the alleged genetic parent to be a parent of the child.

(c) Sole claimant.--Except as otherwise provided in section 9614 (relating to precluding establishment of parentage by perpetrator of sexual assault), the following rules apply in a proceeding to adjudicate a presumed parent's parentage of a child if the individual who gave birth to the child is the only 20250HB0350PN188020250HB0350PN1937 - 43 - other individual with a claim to parentage of the child:

and 20250HB0350PN188020250HB0350PN1937 - 44 - (2) claims to be a de facto parent of the child.

(d) Individual with sole claim.--In a proceeding to adjudicate parentage of an individual who claims to be a de 20250HB0350PN188020250HB0350PN1937 - 45 - facto parent of the child, if there is only one other individual who is a parent or has a claim to parentage of the child, the court shall adjudicate the individual who claims to be a de facto parent to be a parent of the child if the individual demonstrates by clear and convincing evidence that:

(f) In loco parentis status.--Failure to seek to establish 20250HB0350PN188020250HB0350PN1937 - 46 - parentage under this section does not affect an individual's ability to seek in loco parentis status under law of this Commonwealth other than this part.

(a) General rule.--If a child has an adjudicated parent, a proceeding to challenge the adjudication, brought by an 20250HB0350PN188020250HB0350PN1937 - 47 - individual who was a party to the adjudication or received notice under section 9603 (relating to notice of proceeding), is governed by the rules governing a collateral attack on a judgment.

(b) Multiple individuals with claims.--In a proceeding to adjudicate an individual's parentage of a child, if another individual other than the individual who gave birth to the child 20250HB0350PN188020250HB0350PN1937 - 48 - is a parent under Chapter 97, the court shall adjudicate the individual's parentage of the child under section 9613 (relating to adjudicating competing claims of parentage).

20250HB0350PN188020250HB0350PN1937 - 49 - (1) the facts surrounding the discovery that the individual might not be a genetic parent of the child;

20250HB0350PN188020250HB0350PN1937 - 50 - (1) evidence that the alleged perpetrator under subsection (b) was convicted of a sexual assault, or a comparable crime in another jurisdiction, against the individual who gave birth to the child and the child was born not later than 300 days after the sexual assault;

20250HB0350PN188020250HB0350PN1937 - 51 - 9615.

(a) General rule.--Except as otherwise provided in 20250HB0350PN188020250HB0350PN1937 - 52 - subsection (b), the court may combine a proceeding to adjudicate parentage under this part with a proceeding for adoption, termination of parental rights, child custody or visitation, child support, divorce, dissolution or annulment, administration of an estate or another appropriate proceeding.

(b) Final order and other documents.--A final order in a 20250HB0350PN188020250HB0350PN1937 - 53 - proceeding under this chapter is available for public inspection.

(d) Admissibility of genetic testing and health care bills.--In a proceeding under this chapter, a copy of a bill for genetic testing or prenatal or postnatal health care for the individual who gave birth to the child and the child provided to the adverse party not later than 10 days before a hearing is 20250HB0350PN188020250HB0350PN1937 - 54 - admissible to establish:

(2) the determination of parentage was based on a finding consistent with the results of genetic testing and 20250HB0350PN188020250HB0350PN1937 - 55 - the consistency is declared in the determination or otherwise shown;

CHAPTER 97 20250HB0350PN188020250HB0350PN1937 - 56 - ASSISTED REPRODUCTION Sec.

(1) in a record signed before, on or after the birth of the child by the individual giving birth to the child and by 20250HB0350PN188020250HB0350PN1937 - 57 - another individual who intends to be a parent of the child;

and 20250HB0350PN188020250HB0350PN1937 - 58 - (3) the spouse never openly held out the child as the spouse's child.

(3) A married individual proceeding with assisted reproduction under this subsection may not use gametes of the individual's spouse unless both parties, during the pendency of the action under paragraph (1), consent in a record to the use of the spouse's gametes for assisted reproduction by the 20250HB0350PN188020250HB0350PN1937 - 59 - married individual.

(i) the individual consented in a record that if 20250HB0350PN188020250HB0350PN1937 - 60 - assisted reproduction were to occur after the death of the individual, the individual would be a parent of the child;

(2) ordering that parental rights and duties vest 20250HB0350PN188020250HB0350PN1937 - 61 - immediately on the birth of the child exclusively in each intended parent;

20250HB0350PN188020250HB0350PN1937 - 62 - § 9801.

and 20250HB0350PN188020250HB0350PN1937 - 63 - (5) have independent legal representation by an attorney, licensed to practice law in this Commonwealth, of the individual's choice throughout the negotiation process and the execution and duration of the surrogacy agreement regarding the terms of the surrogacy agreement and the potential legal consequences of the agreement.

(2) A surrogate and each intended parent must meet the 20250HB0350PN188020250HB0350PN1937 - 64 - requirements of section 9802 (relating to eligibility to enter into surrogacy agreement).

20250HB0350PN188020250HB0350PN1937 - 65 - (9) The surrogacy agreement must be executed before a medical procedure occurs related to the surrogacy agreement, other than the medical evaluation and mental health consultation required by section 9802.

(5) Except as otherwise provided in sections 9822 and 9823(c), the intended parent or, if there are two intended parents, each parent jointly and severally, immediately on birth will assume responsibility for the financial support of 20250HB0350PN188020250HB0350PN1937 - 66 - the child, regardless of number of children born or gender or mental or physical condition of each child.

20250HB0350PN188020250HB0350PN1937 - 67 - (8) The surrogacy agreement must include information about each party's right under this chapter to terminate the surrogacy agreement.

(1) the marriage of an intended parent after the 20250HB0350PN188020250HB0350PN1937 - 68 - surrogacy agreement is signed by all parties does not affect the validity of a surrogacy agreement, the consent of the spouse of the intended parent is not required and the spouse of the intended parent is not, based on the surrogacy agreement, a parent of a child conceived by assisted reproduction under the surrogacy agreement;

During the period after the execution of a surrogacy agreement until 180 days after the birth of a child conceived by assisted reproduction under the surrogacy agreement, a court conducting a proceeding under this part has exclusive, continuing jurisdiction over all matters arising out of the 20250HB0350PN188020250HB0350PN1937 - 69 - surrogacy agreement.

(c) Penalties and liquidated damages prohibited.--Except in a case involving fraud, neither a gestational surrogate nor the gestational surrogate's spouse or former spouse, if any, is 20250HB0350PN188020250HB0350PN1937 - 70 - liable to the intended parent or parents for a penalty or liquidated damages for terminating a gestational surrogacy agreement under this section.

(d) Clinical and laboratory errors.--Except as otherwise provided in subsection (c) or section 9813(b) or 9815, if, due to a clinical or laboratory error, a child conceived by assisted reproduction under a gestational surrogacy agreement is not genetically related to an intended parent or a donor who donated to the intended parent or parents, each intended parent, and not 20250HB0350PN188020250HB0350PN1937 - 71 - the gestational surrogate and the gestational surrogate's spouse or former spouse, if any, is a parent of the child, subject to any other claim of parentage.

(a) Permissible relief.--Except as otherwise provided in sections 9812(c) (relating to parentage under gestational surrogacy agreement) or 9815 (relating to effect of gestational surrogacy agreement), before, on or after the birth of a child conceived by assisted reproduction under a gestational surrogacy 20250HB0350PN188020250HB0350PN1937 - 72 - agreement, a party to the surrogacy agreement may commence a proceeding in court for an order or judgment under subsection (b).

20250HB0350PN188020250HB0350PN1937 - 73 - (4) to protect the privacy of the child and the parties, declaring that the court record is not open to inspection, except as authorized under section 9806 (relating to inspection of documents and records);

Each party to the 20250HB0350PN188020250HB0350PN1937 - 74 - surrogacy agreement and any individual who at the time of the execution of the surrogacy agreement was a spouse of a party to the surrogacy agreement has standing to maintain a proceeding to adjudicate an issue related to the enforcement of the surrogacy agreement.

20250HB0350PN188020250HB0350PN1937 - 75 - 9826.

If a gamete or embryo transfer does not result in a pregnancy, a 20250HB0350PN188020250HB0350PN1937 - 76 - party may terminate the surrogacy agreement at any time before a subsequent gamete or embryo transfer.

20250HB0350PN188020250HB0350PN1937 - 77 - (3) designating the contents of the birth certificate in accordance with the law of this Commonwealth other than this part and directing the department to designate each intended parent as a parent of the child;

(d) Court order of intended parent.--Unless a genetic surrogate exercises the right under section 9822 (relating to termination of genetic surrogacy agreement) to terminate the genetic surrogacy agreement, if an intended parent fails to file 20250HB0350PN188020250HB0350PN1937 - 78 - notice required under section 9822(a), the genetic surrogate or the department may file with the court, not later than 60 days after the birth of a child conceived by assisted reproduction under the surrogacy agreement, notice that the child has been born to the genetic surrogate.

(c) Adjudication of parentage.--If a child conceived by assisted reproduction under a genetic surrogacy agreement that 20250HB0350PN188020250HB0350PN1937 - 79 - is not validated under section 9821 is born, the genetic surrogate is not automatically a parent and the court shall adjudicate parentage of the child based on the best interest of the child, taking into account the factors in section 9613(a) (relating to adjudicating competing claims of parentage) and the intent of the parties at the time of the execution of the surrogacy agreement.

(2) the transfer of the gamete or embryo occurs not later than 36 months after the death of the intended parent or birth of the child occurs not later than 45 months after 20250HB0350PN188020250HB0350PN1937 - 80 - the death of the intended parent;

DeclarationDisclosure regardingof identityinformation. disclosure.

<-- 9905.

Disclosure of identifying information and medical history.

9904.

DISCLOSURE OF INFORMATION.

<-- 9906 9905.

<-- 20250HB0350PN1880 - 81 - § 9901.

The following words and phrases when used in this chapter shall have the meanings given to them in this section unless the 20250HB0350PN1937 - 81 - context clearly indicates otherwise:

A gamete bank or fertility clinic authorized by law to <-- operate in UNDER THE LAWS OF this Commonwealth shall:

<-- (1) collect from a donor the donor's identifying information and medical history at the time of the donation;

and (3) disclose thenonidentifying medical history information <-- collected under paragraphsparagraph <-- (1) and the information collected under paragraph (2) in accordance with section 99059904 (relating to 20250HB0350PN1880 - 82 - disclosure of identifyinginformation). information and medical history).

DeclarationDisclosure regardingof identityinformation. disclosure.

20250HB0350PN1937 - 82 - (a) Duties.--ANonidentifying medical history of donor.--Upon request of a child conceived by assisted reproduction who has attained 18 years of age, or by a parent or guardian on behalf of a minor child, a gamete bank or fertility clinic authorized by law to operate inunder the laws of this Commonwealth and which collectscollected gametesthe fromgamete used in the assisted reproduction shall make a donorgood shall:faith effort to provide access to the donor's nonidentifying medical history to the requester.

(1)(b) provideInformation about source gamete bank or fertility clinic.--Upon request of a child conceived by assisted reproduction who has attained 18 years of age, OR BY A PARENT OR <-- GUARDIAN ON BEHALF OF A MINOR CHILD, a gamete bank or fertility clinic authorized to operate under the donorlaws withof informationthis Commonwealth that received the gametes used in athe recordassisted aboutreproduction from another gamete bank or fertility clinic shall disclose the donor'sname, choiceaddress, regardingtelephone identitynumber disclosure;and email address of the gamete bank or fertility clinic from which the gametes were received TO THE <-- REQUESTER.

and (2) obtain a declaration from the donor regarding identity disclosure.

(b) Options for donors.--A gamete bank or fertility clinic authorized by law to operate in this Commonwealth shall give a donor the choice to sign a declaration, attested by a notarial officer or witnessed, that either:

(1) states that the donor agrees to disclose the donor's identity to a child conceived by assisted reproduction with the donor's gametes on request once the child attains 18 years of age;

or (2) states that the donor does not agree presently to disclose the donor's identity to the child.

(c) Withdrawal of declarations.--A gamete bank or fertility clinic authorized by law to operate in this Commonwealth shall permit a donor who has signed a declaration under subsection (b) (2) to withdraw the declaration at any time by signing a declaration under subsection (b)(1).

Disclosure of identifying information and medical history.

(a) Duty to provide identifying information.--On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility clinic authorized by law to operate in this Commonwealth which collected the gametes used in 20250HB0350PN1880 - 83 - the assisted reproduction shall make a good faith effort to provide the child with identifying information of the donor who provided the gametes, unless the donor signed and did not withdraw a declaration under section 9904(b)(2) (relating to declaration regarding identity disclosure).

If the donor signed and did not withdraw the declaration, the gamete bank or fertility clinic shall make a good faith effort to notify the donor, who may elect under section 9904(c) to withdraw the donor's declaration.

(b) Duty to provide nonidentifying medical history of donor.--Regardless of whether a donor signed a declaration under section 9904(b)(2), on request by a child conceived by assisted reproduction who attains 18 years of age, or, if the child is a minor, by a parent or guardian of the child, a gamete bank or fertility clinic authorized by law to operate in this Commonwealth which collected the gamete used in the assisted reproduction shall make a good faith effort to provide the child or, if the child is a minor, the parent or guardian of the child, access to nonidentifying medical history of the donor.

(c) Duty to disclose information about gamete bank or fertility clinic.--On request of a child conceived by assisted reproduction who attains 18 years of age, a gamete bank or fertility clinic authorized by law to operate in this Commonwealth which received gametes used in the assisted reproduction from another gamete bank or fertility clinic shall disclose the name, address, telephone number and email address of the other gamete bank or fertility clinic from which it received the gametes.

(3) DISCLOSE NONIDENTIFYING MEDICAL HISTORY INFORMATION <-- COLLECTED UNDER PARAGRAPH (1) AND THE INFORMATION COLLECTED 20250HB0350PN1880 - 84 - UNDER PARAGRAPH (2) IN ACCORDANCE WITH SECTION 9904 (RELATING TO DISCLOSURE OF INFORMATION).

§ 9904.

DISCLOSURE OF INFORMATION.

(A) NONIDENTIFYING MEDICAL HISTORY OF DONOR.--UPON REQUEST OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION WHO HAS ATTAINED 18 YEARS OF AGE, OR BY A PARENT OR GUARDIAN ON BEHALF OF A MINOR CHILD, A GAMETE BANK OR FERTILITY CLINIC AUTHORIZED TO OPERATE UNDER THE LAWS OF THIS COMMONWEALTH AND WHICH COLLECTED THE GAMETE USED IN THE ASSISTED REPRODUCTION SHALL MAKE A GOOD FAITH EFFORT TO PROVIDE ACCESS TO THE DONOR'S NONIDENTIFYING MEDICAL HISTORY TO THE REQUESTER.

(B) INFORMATION ABOUT SOURCE GAMETE BANK OR FERTILITY CLINIC.--UPON REQUEST OF A CHILD CONCEIVED BY ASSISTED REPRODUCTION WHO HAS ATTAINED 18 YEARS OF AGE, A GAMETE BANK OR FERTILITY CLINIC AUTHORIZED TO OPERATE UNDER THE LAWS OF THIS COMMONWEALTH THAT RECEIVED THE GAMETES USED IN THE ASSISTED REPRODUCTION FROM ANOTHER GAMETE BANK OR FERTILITY CLINIC SHALL DISCLOSE THE NAME, ADDRESS, TELEPHONE NUMBER AND EMAIL ADDRESS OF THE GAMETE BANK OR FERTILITY CLINIC FROM WHICH THE GAMETES WERE RECEIVED.

§ 9906 9905.

<-- (a) Donor information.--A gamete bank or fertility clinic authorized by law to operate in UNDER THE LAWS OF this <-- Commonwealth which collects gametes for use in assisted reproduction shall maintain identifying information and medical history about each gamete donor.

(b) Gamete bank or fertility clinic information.--A gamete 20250HB0350PN1880 - 85 - bank or fertility clinic authorized by law to operate in UNDER <-- 20250HB0350PN1937 - 83 - THE LAWS OF this Commonwealth which receives gametes from another gamete bank or fertility clinic shall maintain the name, address, telephone number and email address of the gamete bank or fertility clinic from which it received the gametes.

* * * (c) Venue and process.--Except as provided by section 5101.1 20250HB0350PN1880 - 86 - (relating to venue in medical professional liability actions) 20250HB0350PN1937 - 84 - [and], Subchapter B of Chapter 85 (relating to actions against Commonwealth parties) and 23 Pa.C.S.

20250HB0350PN188020250HB0350PN1937 - 8785 -