dissenting.
I respectfully dissent. The individual parents and the organization, Parents United for Better Schools, Inc. (collectively, PUBS) appeal an order dismissing their complaint for lack of standing. I would affirm the trial court’s decision that PUBS does not have standing to bring this action seeking injunctive and declaratory relief against the School District of Philadel*470phia Board of Education (School District) based on their alleged right to affirmatively consent to the distribution of condoms to their children under School District Policy 123 rather than “opt out” of the policy as provided by the School District.
Policy 123 provides, in conjunction with an abstinence-based curricula focused at preventing sexually transmitted diseases, for the availability of condoms to students upon request unless the parents of that student opt out of the program by returning a form stating that their child should not receive condoms. PUBS’ parents have either exercised their prerogative to opt out or, because of their membership in PUBS, have been treated by the School District as if they had returned the opt-out form vetoing any distribution to their children.1
Despite the fact that their children will not be receiving any condoms because they are opted out, PUBS argues that the parents have a particularized right to consent rather than to veto health services available to their children. However, as a result of the parents opting out, if one of their children requests a condom from health services, the child will be required to get his or her parents’ affirmative consent to receive the condom. Therefore, the procedures in effect for the children of PUBS’ parents is exactly the same procedure they request be invoked as a result of this suit. Because the parents are treated as opting-out of the program, the only possible remedy available to them is to limit the access of other people’s children to the condoms.
In William Penn Parking Garage, Inc. v. City of Pittsburgh, 464 Pa. 168, 346 A.2d 269 (1975), the Supreme Court • set forth the standard for standing to bring an action. Generally, in order to have standing, a person must be “aggrieved” *471or adversely affected by the matter he seeks to challenge. The party bringing an action must have a direct interest in the particular question litigated and that interest must also be immediate and substantial. Id. For a party to maintain a challenge to an official action, his or her rights must have been invaded or infringed. Sierra Club v. Hartman, 529 Pa. 454, 605 A.2d 309 (1992).
PUBS must have alleged a direct, substantial and immediate interest in the results of the suit or they do not have standing. Their alleged interest is their parental right to affirmatively consent to services requested by their child. Because PUBS’ parents have opted out or are treated as if they opted out, their children are not eligible to receive condoms or could be eligible only if they obtain affirmative consent from their parents. The alleged parental right to affirmatively consent is thereby provided to PUBS’ parents just as if Policy 123 had stated that students would not receive condoms except with affirmative consent by their parents at the time of the request. Because PUBS’ parents have the parental right to preclude distribution to their children without affirmative consent, by exercising the opt-out provision, there is no right that is invaded or infringed by the policy. Moreover, PUBS does not have an interest in whether other people’s children will receive condoms because their parents chose not to opt out of the program. Accordingly, I would affirm the order of the trial court denying standing.2
FRIEDMAN, J., joins in this dissent.. In its opinion, the trial court summarized the facts: “five hundred and thirty-three (533) parents, including most of the plaintiffs, completed (and returned) opt-out forms. Meanwhile, the Board, sensibly, I think, took the stance that those parent-plaintiffs who have not as yet completed an opt-out form, do not, in fact, want their children to receive condoms. Without approval, none of the parent-plaintiffs’ children are entitled to obtain condoms at school.” Trial court opinion at 4 (footnote and emphasis omitted).
. Although not raised, this case may be moot because this court cannot practically award any effective relief to the parties because they already are provided the right to affirmatively consent at the time of a request through the opt-out provision. See Metro Transportation Company v. Pennsylvania Public Utility Commission, 128 Pa.Commonwealth Ct. 223, 563 A.2d 228 (1989).