Is it required to get my child a birth certificate?

Full question:

Is it required to get my child a birth certificate?

  • Category: Vital Records
  • Subcategory: Birth Certificates
  • Date:
  • State: Pennsylvania

Answer:

Yes, you need to get a birth certificate for your child. The law in Pennsylvania says that each child’s birth has to be registered and filed with the local registrar of the district where the birth took place. This birth certificate will be signed and filed by the attending physician or licensed midwife. In case there is no attending physician or licensed midwife, the certificate will be prepared, signed and filed by the father, or in the event of his death/ disability or absence, by the mother or in the event of his death/ disability or absence, by the householder of the premises or superintendent of the institution where the child is born. In the event of the absence or disability of all persons mentioned above, any such person who is well acquainted with the facts may sign with the permission of the local registrar.
Here is the relevant law:
 
35 P.S. § 450.401:
Birth registration: General provisions
(a) A certificate of each birth occurring in this Commonwealth shall be filed with the local registrar of the district in which the birth occurs within a period prescribed by regulations of the Advisory Health Board. The certificate shall be prepared, signed and filed by the attending physician or licensed midwife, except that when there is no attending physician or licensed midwife the certificate shall be prepared, signed and filed (1) by the father, or (2) in the event of his death, disability or absence, by the mother, or (3) in the event of her death or disability, by the householder of the premises or superintendent of the institution in which the birth occurs, or (4) in the event of the absence or disability of all persons heretofore named, then by such person acquainted with the facts as the local registrar shall designate. The Social Security number or numbers of each parent shall be obtained and maintained separately by the department in a fashion that permits routine screened inquiries, unless there is good cause for not requiring the furnishing of such number or numbers in accordance with Federal regulations. This information is considered confidential and is to be made available only to Federal and State agencies responsible for establishing paternity or enforcing child support orders.
(b) Upon filing of the certificate, the department shall provide the father or the mother with a brochure relating to the existence of and eligibility for the Children's Health Insurance Program (CHIP) under Article XXIII of the act of May 17, 1921 (P.L. 682, No. 284), known as "The Insurance Company Law of 1921."
 
35 P.S. § 450.402 :
 Birth registration: Foundling registration

The birth of each child of unknown parentage discovered within this Commonwealth shall be registered on a form prescribed by the department and within such period of time following the discovery of the child as the regulations of the Advisory Health Board shall prescribe. The person in charge of the agency or institution or such other person into whose care the child is first delivered shall file the registration form with the local registrar of the district in which the child is discovered. Such registration shall be acceptable for all purposes in lieu of a certificate of birth.

35 P.S. § 450.403:
 Birth registration: Children born in a country other than the United States

(a) The department shall, upon request, complete and register birth certificates for any child born in a country other than the United States when either parent is a citizen of the United States and a resident of the Commonwealth of Pennsylvania.

(b)  (1) Except as provided in clause (2), a birth certificate issued under subsection (a) shall show the true country and date of birth, and that the certificate is not evidence of the United States citizenship of the registrant. For such registration the department shall require proof of parental United States citizenship and of Pennsylvania residence.

     (2) For any foreign-born child who satisfies the requirements of either 8 U.S.C. § 1431 or 1433 and whose parent presents documents from the United States Department of State, United States Department of Justice, Immigration and Naturalization Service, United States Citizenship and Immigration Services of the United States Department of Homeland Security or their successor agencies, including either a certificate of citizenship, a United States passport or other document as specified by the department, verifying the child's United States citizenship, the birth certificate shall show the true country and date of birth but will not contain any notation regarding citizenship of the registrant. For such registration the department shall require proof of parental United States citizenship and of Pennsylvania residence.

(c) The Social Security number or numbers of each parent are to be recorded and maintained as required in section 401

(d) Certified copies of such certificates shall be issued upon application and payment of the prescribed fee.
 
 

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.

FAQs

If you do not obtain a birth certificate for your child, you may face difficulties in accessing essential services. A birth certificate is often required for enrolling in school, obtaining a Social Security number, and applying for health benefits. Additionally, not having one can complicate legal matters regarding custody or inheritance. In Pennsylvania, failing to register a birth can also lead to legal penalties, as it is a requirement under state law (35 P.S. § 450.401). *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.*