§ 5103. Acknowledgment and claim of paternity
Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 23 Pa.C.S.A. Domestic Relations
23 Pa.C.S.A. § 5103
§ 5103. Acknowledgment and claim of paternity
(a) Acknowledgment of paternity.--The father of a child born to an unmarried woman may file with the Department of Public Welfare,1 on forms prescribed by the department, an acknowledgment of paternity of the child which shall include the consent of the mother of the child, supported by her witnessed statement subject to 18 Pa.C.S. § 4904 (relating to unsworn falsification to authorities). In such case, the father shall have all the rights and duties as to the child which he would have had if he had been married to the mother at the time of the birth of the child, and the child shall have all the rights and duties as to the father which the child would have had if the father had been married to the mother at the time of birth. The hospital or other person accepting an acknowledgment of paternity shall provide written and oral notice, which may be through the use of video or audio equipment, to the birth mother and birth father of the alternatives to, the legal consequences of and the rights and responsibilities that arise from, signing the acknowledgment.
(b) Claim of paternity.--If the mother of the child fails or refuses to join in the acknowledgment of paternity provided for in subsection (a), the Department of Public Welfare shall index it as a claim of paternity. The filing and indexing of a claim of paternity shall not confer upon the putative father any rights as to the child except that the putative father shall be entitled to notice of any proceeding brought to terminate any parental rights as to the child.
(d) Conclusive evidence.--Notwithstanding any other provision of law, an acknowledgment of paternity shall constitute conclusive evidence of paternity without further judicial ratification in any action to establish support. The court shall give full faith and credit to an acknowledgment of paternity signed in another state according to its procedures.
(2) After the expiration of the 60 days, an acknowledgment of paternity may be challenged in court only on the basis of fraud, duress or material mistake of fact, which must be established by the challenger through clear and convincing evidence. An order for support shall not be suspended during the period of challenge except for good cause shown.
(h) Penalties for noncompliance.--The department may impose a civil penalty not to exceed $500 per day upon a hospital or birthing center which is not in compliance with the provisions of this section. A penalty under this subsection is subject to 2 Pa.C.S. Ch. 5 Subch. A (relating to practice and procedure of Commonwealth agencies) and Ch. 7 Subch. A (relating to judicial review of Commonwealth agency action).
Credits
1990, Dec. 19, P.L. 1240, No. 206, § 2, effective in 90 days. Amended 1993, July 2, P.L. 431, No. 62, § 6, effective in 90 days; 1994, Dec. 16, P.L. 1286, No. 150, § 3, imd. effective; 1997, Dec. 16, P.L. 549, No. 58, § 11, effective Jan. 1, 1998; 1998, Dec. 15, P.L. 963, No. 127, § 8, imd. effective.
Footnotes
Now Department of Human Services; see 62 P.S. § 103.
23 Pa.C.S.A. § 5103, PA ST 23 Pa.C.S.A. § 5103
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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