Rule 15.19. Petition to Discontinue a Contact Agreement.
(a) General rule. By filing a petition under 23 Pa.C.S. § 2739 with the court that entered the adoption decree, any party to the Contact Agreement or the adopted child if he or she has attained 12 years of age may seek to discontinue the Contact Agreement.
(b) Contents of petition to discontinue. The petition to discontinue the Contact Agreement shall set forth specific averments to establish the following facts:
(1) the age and birth date of the adopted child;
(2) the date when the court approved the Contact Agreement and that such date was on or before the date of the adoption decree;
(3) whether the adopted child was then represented by a guardian ad litem;
(4) whether the adopted child either signed a separate written consent agreeing to the Contact Agreement or signed the Contact Agreement evidencing his or her consent, or that the adopted child had not attained 12 years of age at the time of the execution of the Contact Agreement;
(5) whether there are siblings of the adopted child who have continuing contact or communication with the adopted child under the terms of the Contact Agreement, and if so, the names, ages, and birth dates of such siblings, the names of previously appointed guardians ad litem, if any, and who such guardian ad litem represented;
(6) the reasons why the petitioner seeks to discontinue the Contact Agreement; and
(7) why discontinuance of the Contact Agreement serves the needs, welfare and best interest of the adopted child.
(c) Exhibits. A copy of the Contact Agreement shall be attached to the petition.
(d) Service. The petition shall be served in accordance with Rule 15.16(a) and notice of any scheduled hearing shall be provided in accordance with Rule 15.16(b).
(e) Decree. After a hearing, if the court finds by clear and convincing evidence that discontinuance of the Contact Agreement shall serve the needs, welfare and best interest of the adopted child, the court shall enter a decree discontinuing the Contact Agreement.
Explanatory Comment The evidentiary standard of clear and convincing evidence is statutorily mandated. See 23 Pa.C.S. § 2739(b).
Source The provisions of this Rule 15.19 added July 22, 2021, effective July 1, 2022, 51 Pa.B. 4267.
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