Pennsylvania Act 1941-154 — PROVIDING FOR PERMANENT BIRTH RECORDS

Act text

PROVIDING FOR PERMANENT BIRTH RECORDS
                 Act of Jul. 16, 1941, P.L. 405, No. 154              Cl. 35
                                  AN ACT

     Providing a method for supplying, perfecting and recording birth
        records of certain persons whose births have not heretofore
        been made a public record or whose record of birth is
        incomplete or incorrect; making such records competent legal
        evidence; prescribing fees, and imposing certain duties upon
        the orphans' court and the Bureau of Vital Statistics of the
        Department of Health; authorizing the orphans' court to
        appoint masters for the determination of certain questions,
        and requiring counties to pay the compensation of such
        masters.

        The General Assembly of the Commonwealth of Pennsylvania
     hereby enacts as follows:

        Section 1.  Any person having been born in the Commonwealth
     of Pennsylvania prior to January first, one thousand nine
     hundred and six, whose record of birth is not contained in the
     records of the orphans' court of the county in which he was
     born, or whose record of birth is incomplete or incorrect, may
     have a record of his birth filed and recorded or corrected in
     the office of the clerk of the orphans' court of the county in
     which he was born by presenting a petition to said orphans'
     court, alleging the fact that no record of his birth exists or
     that said record is incomplete or incorrect and setting forth so
     much of the following information as is available and a
     statement that the information not supplied cannot be obtained
     and the reasons therefor:
        (a)  Place and date of birth, including state, county, city,
     borough, town, township or village. If in a hospital or other
     institution, the name of the same shall be given as well as the
     residence of the parents and the post office address of the
     parents;
        (b)  Full name;
        (c)  Sex;
        (d)  Whether a twin or other plural birth;
        (e)  Whether the birth was legitimate or illegitimate;
        (f)  Full name of father, when legitimate;
        (g)  Color or race of father;
        (h)  Birthplace of father and age at birth of applicant,
     if known;
        (i)  Occupation of father, if known;
        (j)  Residence of parents, if living and known;
        (k)  Occupation;
        (l)  Maiden name of mother;
        (m)  Color or race of mother;
        (n)  Birthplace of mother and age at birth of applicant, if
     known;
        (o)  Occupation of mother, if known;
        (p)  Number of children of this mother, if known, and number
     of children of this mother now living, if known;
        (q)  (1)  A certificate written in the English language, signed
     by the doctor or midwife in attendance at the birth of such
     person, or
        (2)  A certificate written in the English language, signed by
     such person, accompanied by a baptismal record kept by a bona
     fide ecclesiastical body, and certified by a priest, minister or
     other officer of said body, or, if it is impossible to obtain
     such records, then an affidavit to that effect by such priest,
     minister or other officer, or
        (3)  A certificate written in the English language, signed by
     such person and by a parent or near relative of such person who
     has lived with the person or family and has knowledge of the
     facts contained in such affidavit, or
        (4)  A certificate written in the English language, signed by
     such person and by two other persons who have had adequate means
     of knowledge of the facts contained in such affidavit or of the
     family tradition thereon: Provided, That such last mentioned
     persons need not be related by blood or marriage if they have
     been connected with the family so long and so intimately as to
     have acquired knowledge of the facts: Provided, however, That if
     the information required above is not available the court may
     require such other information, including public or private
     records, as will satisfy it.
        Every certificate filed under this section shall be supported
     by an affidavit or affirmation on behalf of each person signing
     the certificate, attesting the correctness of the information
     given therein, which affidavit or affidavits shall be a part of
     the record of birth, and a copy of such affidavit or affidavits
     shall accompany each certified copy of any record of such birth
     issued by the clerk of the orphans' court. In order that the
     form of petition in the several counties may be uniform, the
     Bureau of Vital Statistics of the Department of Health shall
     prescribe the form of petition and certificate required under
     section one of this act.
        (1 amended May 21, 1943, P.L.377, No.177)
        Section 2.  Upon presentation of said petition by the clerk
     of the orphans' court, or after hearing had, the said court, if
     satisfied of the truth and accuracy of the facts alleged
     therein, shall order the record of the birth of the petitioner
     to be filed and recorded and indexed in the office of the clerk
     of the orphans' court in said county upon the payment of a
     filing fee of two dollars and fifty cents ($2.50), which payment
     shall entitle the petitioner to a certified copy of said record.
        The orphans' court is hereby authorized to appoint a standing
     master or masters to whom such petitions may be referred, who
     shall upon such reference hold the hearing specified in this
     section and make recommendations to the orphans' court for
     approval or disapproval of the petition with an appropriate form
     of decree. Such master or masters shall be paid by the county
     such compensation as the orphans' court shall fix.
        Section 3.  There shall be provided at the expense of the
     county a special docket book or register wherein such records of
     birth shall be duly entered.
        Section 4.  A record of birth so established or a duly
     certified copy of the same shall be prima facie evidence of all
     matters therein contained and shall be admissible in all
     judicial proceedings.
        Section 5.  A certified copy of any such birth record shall
     be furnished to any applicant upon payment to the clerk of said
     court of the sum of one dollar ($1).
        (5 amended June 5, 1957, P.L.259, No.127)
        Section 6.  In addition to any other penalties provided by
     existing law, any person who shall make any affidavit,
     statement, record or certification under the provisions of this
     act, knowing the same to be false, shall, upon summary
     conviction therefor, be sentenced to pay a fine of not less than
     one hundred dollars ($100.00), nor more than three hundred
     dollars ($300.00), and the costs of prosecution, and, upon
     failure to pay such fine and costs, shall be imprisoned not more
     than ninety (90) days.
        Section 7.  All acts and parts of acts inconsistent with the
     provisions of this act are hereby repealed.
        Section 8.  The provisions of this act shall become effective
     immediately upon final enactment.