HB 2123

                                                     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
1 Amending Title 23 (Domestic Relations) of the Pennsylvania
2    Consolidated Statutes, in jurisdiction and parties, further
3    providing for representation; in proceedings prior to
4    petition to adopt, further providing for home study and
5    preplacement report; providing for adoption intermediary
6    services and advertising; establishing the Adoption
7    Intermediary Services Fund; and imposing penalties.
8    The General Assembly of the Commonwealth of Pennsylvania
9 hereby enacts as follows:
10    Section 1.  Sections 2313 and 2530 of Title 23 of the
11 Pennsylvania Consolidated Statutes are amended by adding
12 subsections to read:
13 § 2313.    Representation.
14    * * *
15    (a.2)    Separate legal representation required.--
16(1)   In a proceeding under this part regarding the
17    voluntary relinquishment of a child:
18(i)    Except as provided in subparagraph (ii), a
19placing parent of the child shall be represented by an
20attorney licensed to practice law in this Commonwealth.
1(ii)    A placing parent may waive the right described
2under subparagraph (i) after being fully informed of the
3right. The following apply to a waiver:
4(A)   The waiver must be in writing.
5(B)   A person may not require, request or
6otherwise compel a placing parent to waive the right
7to representation as a condition of proceeding with
8an adoption.
9(iii)    An attorney representing a placing parent of
10the child may not represent any of the following and may
11not be affiliated, as an associate, partner, shareholder
12or otherwise, with a law firm representing any of the
13following:
14(A)   A prospective adoptive parent of the child.
15(B)   A representative or agent of a prospective
16adoptive parent of the child.
17(C)   The agency or other person involved in the
18voluntary relinquishment of the child.
19(2)   As used in this subsection, the following words and
20    phrases shall have the meanings given to them in this
21    paragraph unless the context clearly indicates otherwise:
22"Placing parent."       As defined in section 2801 (relating
23    to definitions).
24"Prospective adoptive parent."       As defined in section
25    2801.
26    * * *
27 § 2530.    Home study and preplacement report.
28    * * *
29    (a.1)    Training as part of home study.--A home study may
30 include a minimum of six hours of training on transracial
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1 adoption, attachment and trauma-informed parenting. An agency
2 that provides adoption services may provide the training under
3 this subsection.
4    * * *
5    Section 2.     Title 23 is amended by adding a chapter to read:
6CHAPTER 28
7ADOPTION INTERMEDIARY SERVICES AND ADVERTISING
8 Sec.
9 2801.   Definitions.
10 2802.   Authority of department.
11 2803.   Adoption intermediary services.
12 2804.   Adoption advertising.
13 2805.   Adoption Intermediary Services Fund.
14 § 2801.    Definitions.
15    The following words and phrases when used in this chapter
16 shall have the meanings given to them in this section unless the
17 context clearly indicates otherwise:
18    "Adoption advertising."      An advertisement, article, notice or
19 other paid communication published in a newspaper or magazine,
20 on the Internet, on a billboard, over radio or television or
21 through any public media that does any of the following:
22(1)   Solicits placing parents or prospective adoptive
23    parents for the purpose of acting as a link between a placing
24    parent and prospective adoptive parent for the placement of a
25    child for adoption.
26(2)   Offers to pay, reimburse or otherwise provide
27    anything of value to a placing parent of a child in
28    connection with the birth or adoption of the child, including
29    living expenses, medical or hospital care and other expenses.
30    "Adoption intermediary services."        Any of the following
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1 actions in exchange for direct or indirect compensation or other
2 consideration that is, or is to be, paid or otherwise given:
3(1)     Soliciting placing parents or prospective adoptive
4    parents, whether through adoption advertising or other means,
5    for the purpose of acting as a link between a placing parent
6    and prospective adoptive parent for the placement of a child
7    for adoption.
8(2)     Acting as a link between a placing parent and
9    prospective adoptive parent, whether directly or through a
10    representative, attorney or agent of the placing parent or
11    prospective adoptive parent, for the placement of a child for
12    adoption.
13    "Department."     The Department of Human Services of the
14 Commonwealth.
15    "Fund."   The Adoption Intermediary Services Fund established
16 under section 2805(a) (relating to Adoption Intermediary
17 Services Fund).
18    "Placing parent."
19(1)     An individual who is permitted under State law to
20    place a child for adoption voluntarily and whose parental
21    rights to the child have not been terminated.
22(2)     The term includes:
23(i)    A biological or adoptive mother of the child.
24(ii)    A biological, adoptive or legal father of the
25child.
26(iii)    A representative, attorney or agent of the
27individual.
28    "Prospective adoptive parent."
29(1)     An individual who, with the intent to adopt a child,
30    holds a valid, unrevoked and unexpired home study in
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1    accordance with this part.
2(2)   The term includes a representative, attorney or
3    agent of the individual.
4 § 2802.    Authority of department.
5    The department shall administer and enforce the provisions of
6 this chapter.
7 § 2803.    Adoption intermediary services.
8    (a)    Offense.--A person may not provide adoption intermediary
9 services unless the person is an agency, the department or an
10 attorney licensed to practice law in this Commonwealth.
11    (b)    Penalties.--A person that violates this section shall be
12 subject to the following:
13(1)   For a first violation, a fine of $15,000. The
14    department shall waive the fine under this paragraph unless
15    the department determines that the person demonstrated
16    willful disregard of the requirements of this section.
17(2)   For a second violation, a fine of $20,000.
18(3)   For a third or subsequent violation, a fine of
19    $30,000.
20    (c)    Deposit in fund.--Each fine imposed and collected by the
21 department under this section shall be deposited into the fund.
22 § 2804.    Adoption advertising.
23    (a)    Offense.--A person may not engage in adoption
24 advertising unless the person is an agency, the department or an
25 attorney licensed to practice law in this Commonwealth.
26    (b)    Penalties.--A person that violates this section shall be
27 subject to the following:
28(1)   For a first violation, a fine of $10,000. The
29    department shall waive the fine under this paragraph unless
30    the department determines that the person demonstrated
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1    willful disregard of the requirements of this section.
2(2)   For a second violation, a fine of $15,000.
3(3)   For a third or subsequent violation, a fine of
4    $20,000.
5    (c)    Deposit in fund.--Each fine imposed and collected by the
6 department under this section shall be deposited into the fund.
7    (d)    Construction.--Nothing in this section shall be
8 construed to penalize or apply penalties to prospective adoptive
9 parents advertising that they are available for the placement of
10 a child into their care for the purposes of adoption, if they
11 have a valid, unrevoked and unexpired home study in accordance
12 with this part.
13 § 2805.    Adoption Intermediary Services Fund.
14    (a)    Establishment.--The Adoption Intermediary Services Fund
15 is established in the State Treasury.
16    (b)    Use of money.--The money in the fund shall be
17 appropriated on a continuing basis to the department to be used
18 to administer and enforce sections 2803 (relating to adoption
19 intermediary services) and 2804 (relating to adoption
20 advertising).
21    Section 3.     This act shall apply to proceedings and actions
22 commenced on or after the effective date of this section.
23    Section 4.     This act shall take effect in 60 days.
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