The Domestic Relations Advisory Committee of Pennsylvania has proposed several amendments to 23 Pa.C.S. (relating to domestic relations). The proposed amendments relate to custody, developing issues in family law, divorce, and the Uniform Parentage Act.
Proposed custodial amendment
This amendment would replace a section about relocation, shifting the responsibility of filing the relocation request from the non-relocating party to the relocating one. This is meant to make the process smoother and fairer for the non-relocating party.
Proposed amendments relating to developing issues in family law
This change would allow agreements about caring for pets and provide factors for fairly dividing companion animals as property in divorces. Also, decriminalizing when parents record their children so they no longer risk a third degree felony.
Proposed amendments for divorce relating to property rights
Included are updated definitions for marital property, income, and debt. Section 3502, which handles fair division of marital property, now covers marital debt too. Specific factors for granting exclusive possession of a marital home are added. Another area addresses securing deferred pension distributions. The section on partial distribution now applies to marital debt, with clearer legal guidance.
Proposed amendments addressing Parentage in the 21st Century
These changes focus on adding a new section about assisted reproduction and gestational agreements. This section would clarify parental rights and responsibilities and provide guidance for courts to handle disputes. It would also require judicial approval for gestational agreements. There is also a proposal to replace two sections related to paternity and blood tests. This change would allow genetic testing in cases where traditional assumptions about paternity might have prevented it before.
Mary Cushing Doherty chaired the sub-Committee making recommendations similar to the Uniform Parentage Act. Shari Gelfont Williams is a member of the PBA Family Law Section Council and served on the UPA Committee that also proposes adoption of new legislation on Parentage.