Full question:
if a social agency assist in entering my name and info on the birth certificate of a child born to an unwed woman without my acknowledgement. is it a violation of privacy ?
- Category: Paternity
- Subcategory: Birth Certificate
- Date:
- State: Pennsylvania
Answer:
The answer depends on the nature of the information obtained and the manner of obtaining it. For example, if the records are publically available, it is not an invasion of privacy. Invasion of privacy is the intrusion into the personal life of another, without just cause, which can give the person whose privacy has been invaded a right to bring a lawsuit for damages against the person or entity that intruded. It encompasses workplace monitoring, Internet privacy, data collection, and other means of disseminating private information. A non-public individual has a right to privacy from: a) intrusion on one's solitude or into one's private affairs; b) public disclosure of embarrassing private information; c) publicity which puts him/her in a false light to the public; d) appropriation of one's name or picture for personal or commercial advantage.
Generally, a woman may enter a man's name on a birth certificate in Pennsylvania Without His Consent, and then it may be a matter of disputing paterninty in court.
Please see the following PA statute:
28 Pa. Code § 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).
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
