Skip to main content
Find a Lawyer

Pennsylvania Statutes Title 35 P.S. Health and Safety § 491. Petition to orphans' court; contents; affidavit or affirmation; form of petition and certificate

Current as of January 01, 2025 | Updated by Findlaw Staff

Any person having been born in the Commonwealth of Pennsylvania prior to January first, one thousand nine hundred and six, whose record of birth is not contained in the records of the orphans' court of the county in which he was born, or whose record of birth is incomplete or incorrect, may have a record of his birth filed and recorded or corrected in the office of the clerk of the orphans' court of the county in which he was born by presenting a petition to said orphans' court, alleging the fact that no record of his birth exists or that said record is incomplete or incorrect and setting forth so much of the following information as is available and a statement that the information not supplied cannot be obtained and the reasons therefor:

(a) Place and date of birth, including state, county, city, borough, town, township or village. If in a hospital or other institution, the name of the same shall be given as well as the residence of the parents and the post office address of the parents;

(b) Full name;

(c) Sex;

(d) Whether a twin or other plural birth;

(e) Whether the birth was legitimate or illegitimate;

(f) Full name of father, when legitimate;

(g) Color or race of father;

(h) Birthplace of father and age at birth of applicant, if known;

(i) Occupation of father, if known;

(j) Residence of parents, if living and known;

(k) Occupation;

(l) Maiden name of mother;

(m) Color or race of mother;

(n) Birthplace of mother and age at birth of applicant, if known;

(o) Occupation of mother, if known;

(p) Number of children of this mother, if known, and number of children of this mother now living, if known;

(q)(1) A certificate written in the English language, signed by the doctor or midwife in attendance at the birth of such person, or

(2) A certificate written in the English language, signed by such person, accompanied by a baptismal record kept by a bona fide ecclesiastical body, and certified by a priest, minister or other officer of said body, or, if it is impossible to obtain such records, then an affidavit to that effect by such priest, minister or other officer, or

(3) A certificate written in the English language, signed by such person and by a parent or near relative of such person who has lived with the person or family and has knowledge of the facts contained in such affidavit, or

(4) A certificate written in the English language, signed by such person and by two other persons who have had adequate means of knowledge of the facts contained in such affidavit or of the family tradition thereon: Provided, That such last mentioned persons need not be related by blood or marriage if they have been connected with the family so long and so intimately as to have acquired knowledge of the facts: Provided, however, That if the information required above is not available the court may require such other information, including public or private records, as will satisfy it.

Every certificate filed under this section shall be supported by an affidavit or affirmation on behalf of each person signing the certificate, attesting the correctness of the information given therein, which affidavit or affidavits shall be a part of the record of birth, and a copy of such affidavit or affidavits shall accompany each certified copy of any record of such birth issued by the clerk of the orphans' court. In order that the form of petition in the several counties may be uniform, the Bureau of Vital Statistics of the Department of Health shall prescribe the form of petition and certificate required under section one of this act.

Previous Part of Code Next Part of Code
Back to Chapter List

Cite this article: FindLaw.com - Pennsylvania Statutes Title 35 P.S. Health and Safety § 491. Petition to orphans' court; contents; affidavit or affirmation; form of petition and certificate - last updated January 01, 2025 | https://codes.findlaw.com/pa/title-35-ps-health-and-safety/pa-st-sect-35-491/

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.

Was this helpful?

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw’s Learn About the Law.

Go to Learn About the Law

Latest Blog Posts

For Legal Professionals

Learn About The Law

Get help with your legal needs

FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.

Go to Learn About the Law

Need to Find an Attorney?

Search our directory by legal issue

Enter information in one or both fields (Required)

Copied to clipboard