225 Pa. Code Rule 803(9). Public Records of Vital Statistics (Not Adopted).

Rule 803(9). Public Records of Vital Statistics (Not Adopted).

   (9)  Public Records of Vital Statistics (Not Adopted)

Comment

   Pennsylvania has not adopted F.R.E. 803(9). Records of vital statistics are also records of a regularly conducted activity and may be excepted to the hearsay rule by Pa.R.E. 803(6). Records of vital statistics are public records and they may be excepted to the hearsay rule by 42 Pa.C.S. §  6104.
   The Vital Statistics Law of 1953, 35 P.S. §  450.101 et seq., provides for registration of births, deaths, fetal deaths, and marriages, with the State Department of Health. The records of the Department, and duly certified copies thereof, are excepted to the hearsay rule by 35 P.S. §  450.810 which provides:
   Any record or duly certified copy of a record or part thereof which is (1) filed with the department in accordance with the provisions of this act and the regulations of the Advisory Health Board and which (2) is not a ‘‘delayed’’ record filed under section seven hundred two of this act or a record ‘‘corrected’’ under section seven hundred three of this act shall constitute prima facie evidence of its contents, except that in any proceeding in which paternity is controverted and which affects the interests of an alleged father or his successors in interest no record or part thereof shall constitute prima facie evidence of paternity unless the alleged father is the husband of the mother of the child.

Source

   The provisions of this Rule 803(9) adopted January 17, 2013, effective in sixty days, 43 Pa.B. 620; amended November 9, 2016, effective January 1, 2017, 46 Pa.B. 7436. Immediately preceding text appears at serial page (365907).

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