act-1941-0-154•Pennsylvania Act 1941-154 — PROVIDING FOR PERMANENT BIRTH RECORDS
Pennsylvania Act 1941-154 — PROVIDING FOR PERMANENT BIRTH RECORDS
act-1941-0-1541941 Pa. Act 154Law
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.
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