To establish consistent guidelines for applying the presumption, precedent opinions
for each State in the Philadelphia Region have been secured. State law requirements
and applicable effective dates relative to the entry of the parent's name (or use
of the parent's surname) on the BC of an illegitimate child are summarized in the
chart below.
This chart can be used to presume that there has been written acknowledgment or court
determination of paternity, but ONLY IF:
The BC shows illegitimacy per GN 00306.120B.3.; AND the chart below shows YES that applicable State law or regulations require the written
acknowledgment or court determination of paternity to be filed in order for the parent's
name to appear on the BC, or the child's surname to be the same as the parent's on
the BC.
State law requirements and applicable effective dates relative to the entry of the
parent's name on the BC of an illegitimate child are summarized in the precedent opinions
at PR 01210.000 ff for the state Pennsylvania only.
However, the precedent opinion should ONLY be used to infer that there has been written
acknowledgment or a court determination of paternity if the BC shows illegitimacy.
As indicated in GN 00306.120B.3. a BC may show illegitimacy in one or more of the following ways:
-
•
It has been amended with reference to sections of the annotated State code that apply
to illegitimate children;
-
•
It shows that the child's last name is the same as one of the parent's but not the
the alleged parent; or
-
•
It has a block that can be checked to show that the child is illegitimate.
This alternative presupposes that the parent's do not have the same surname. If they
have the same surname, further development is required. This is because, in this situation,
no consent or court order is necessary for the child's surname to be the same as both
parent's .
PRECEDENT OPINIONS
|
|
Written Consent (1)
Parent's Name On B.C.
|
Court Order
Parent's Name On B.C.
|
Written Consent
Child's Surname Same as Parent's On B.C.
|
Court Order
Child's Surname Same as Parent's B.C.
|
|
DE
|
Yes (as of 1/1/95)
|
Yes (as of 1/1/93)
|
No
|
No
|
|
DC
|
Yes (as of 10/8/81)
|
Yes (as of 4/3/01)
|
Yes (as of 10/8/81)
No (as of 4/11/03)
|
Yes (as of 4/3/01)
No (as of 4/11/03)
|
|
MD
|
Yes (as of 10/1/95)
|
Yes (as of 10/1/95)
|
No
|
No
|
|
PA
|
Yes (as of 1/1/98)
|
Yes (as of 1/1/98)
|
No
|
No
|
|
VA
|
Yes (as of 10/1/79)
|
Yes (as of 10/1/79)
|
No
|
No
|
|
WV
|
Yes (as of 7/1/69)
|
Yes (as of 7/1/69)
|
No
|
No
|
(1) Under current law, Delaware and West Virginia require Notarized statements of
paternity to place the parent's name on the child's birth certificate. The District
of Columbia,
Maryland, Pennsylvania and Virginia require sworn Statements of paternity to place
the parent's
name on the child's birth certificate.