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28 Pa. Code § 1.5. Registration as other than the child of the mother’s husband.

§ 1.5. Registration as other than the child of the mother’s husband.

 (a)  The child of a married woman and a man who is not the mother’s husband, may be registered as the child of the biological father if under the following conditions:

   (1)  The mother signs, in the presence of a witness; the following statement: ‘‘I, (mother’s name), do hereby acknowledge that (biological father’s name) and I are the true and biological parents of (infant’s name) born in the (hospital’s name) on (date of birth) at (time). I hereby authorize and direct the (hospital’s name) to submit a birth certificate to the Division of Vital Records identifying (biological father’s name) as the father of the above infant’’; and

   (2)  The mother’s husband signs the following statement in the presence of a witness: ‘‘I, (husband’s name), the undersigned, do hereby authorize the (hospital’s name) to submit to the Division of Vital Records a birth certificate which identifies (biological father’s name) as the father of (infant’s name), who is the child of (mother’s name), my lawful wife.’’

 (b)  A form shall be sent by certified mail return receipt requested to the last known address of the mother’s husband. The form shall contain a clear explanation of these regulations and the statement set out in subsection (a)(2). The statement shall be printed in such a way that the husband, by inserting the word ‘‘not’’ after the word ‘‘do’’ within the statement, may withhold his authorization.

 (c)  If the mother’s husband withholds his authorization, he shall be identified as the child’s father.

 (d)  If the postal service is unable to effect delivery to the mother’s husband, or if he makes no response within 10 days of receipt, his authorization may not be necessary to registering the child in accordance with the provisions of subsection (a)(1).


   The provisions of this §  1.5 adopted November 7, 1975, 5 Pa.B. 2926, amended July 6, 1979, effective July 7, 1979, 9 Pa.B. 2250. Immediately preceding text appears at serial page (3356).

Cross References

   This section cited in 28 Pa. Code §  1.8 (relating to application).

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