§ 1.7. Registration of children born in wedlock.
(a) The designation of a childs name, including surname, is the right of the childs parents. Thus, a childs surname as recorded on its birth certificate may be the surname of either or both of the childs parents, a surname formed by combining the surname of the parents in hyphenated or other form, or a name which bears no relationship to the surname of either parent.
(b) If the parents are divorced or separated at the time of the childs birth, the choice of surname rests with the parent who has custody of the newborn child.
The provisions of this § 1.7 adopted November 7, 1975, 5 Pa.B. 2926.
Notes of Decisions
The appellee did not lack standing to bring a name change action 18 months after birth against a custodial parent notwithstanding the provision of 28 Pa. Code § 1.7(b) vesting the custodial parent with the right to choose a newborns surname. Petition of Schidlemeir by Koslof, 496 A.2d 1249 (Pa. Super. 1985).
This section cited in 28 Pa. Code § 1.8 (relating to application).
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