(a) General rule.--Any party to an agreement, a sibling or a child who is the subject of an agreement may seek to enforce an agreement by filing an action in the court that finalized the adoption.
(b) Remedies.--Any party to an agreement, a sibling or a child who is the subject of an agreement may request only specific performance in seeking to enforce an agreement and may not request monetary damages or modification of an agreement.
(c) Requirements.--For an agreement to be enforceable, it must be:
(1) In writing.
(2) Approved by the court on or before the date for any adoption decree.
(3) If the child is 12 years of age or older when the agreement is executed, the child must consent to the agreement at the time of its execution.
(d) Prerequisites.--Before the court may enter an order enforcing an agreement, it must find all of the following:
(1) The party seeking enforcement of the agreement is in substantial compliance with the agreement.
(2) By clear and convincing evidence, enforcement serves the needs, welfare and best interest of the child.
(e) Cessation of enforceability.--
(1) An agreement shall cease to be enforceable on the date the child turns 18 years of age unless the agreement otherwise stipulates or is modified by the court.
(2) The court issuing final approval of an agreement shall have continuing jurisdiction over enforcement of the agreement until the child turns 18 years of age, unless the agreement otherwise stipulates or is modified by the court.
(f) Exclusivity of remedy.--This section constitutes the exclusive remedy for enforcement of an agreement, and no statutory or common law remedy shall be available for enforcement or damages in connection with an agreement.
Cross References. Section 2738 is referred to in sections 2741, 2742 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 27 - Petition for Adoption
Section 2701 - Contents of petition for adoption
Section 2711 - Consents necessary to adoption
Section 2712 - Consents not naming adopting parents
Section 2713 - When other consents not required
Section 2714 - When consent of parent not required
Section 2721 - Notice of hearing
Section 2722 - Place of hearing
Section 2723 - Attendance at hearing
Section 2724 - Testimony and investigation
Section 2725 - Religious belief
Section 2731 - Purpose of subchapter
Section 2733 - Parties to agreement
Section 2734 - Consent of a child
Section 2735 - Filing and approval of an agreement
Section 2736 - Failure to comply
Section 2737 - Modification of agreement
Section 2738 - Enforcement of agreement