DiFabio Birth Record

8 Pa. D. & C.2d 577, 1957 Pa. Dist. & Cnty. Dec. LEXIS 408
CourtPennsylvania Orphans' Court, Philadelphia County
DecidedMarch 7, 1957
Docketno. 3021 of 1956
StatusPublished

This text of 8 Pa. D. & C.2d 577 (DiFabio Birth Record) is published on Counsel Stack Legal Research, covering Pennsylvania Orphans' Court, Philadelphia County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
DiFabio Birth Record, 8 Pa. D. & C.2d 577, 1957 Pa. Dist. & Cnty. Dec. LEXIS 408 (Pa. Super. Ct. 1957).

Opinion

Klein, P. J.,

A petition has been filed by the parents of Charles Daniel DiFabio, a minor, 18 years of age, born in the City of Philadelphia, to amend and correct his birth registration. The petitioning parents, as well as the minor, now reside in the State of New Jersey.

The matter was referred to William E. Schubert, Jr., Esq., the court’s standing master in matters pertaining to birth records. A comprehensive report was filed by him, after a full hearing, in which he recommends that the requested amendment be authorized. The master’s report is routine as to the substantive matters requiring amendment, but raises an important question as to whether this court has jurisdiction in view of petitioners’ nonresidence in Pennsylvania.

The learned master, in his scholarly report, reached the conclusion that this court does possess the necessary jurisdiction. We agree with his conclusions.

The Orphans’ Court Act of August 10, 1951, P. L. 1163, in designating the jurisdiction of the orphans’ court, provides:

“Section 301. Exclusive Jurisdiction. — The orphans’ court shall have exclusive jurisdiction of: . . . (15) Birth Records. Matters relating to birth records, as provided by law.”

[578]*578The vague language of this statute caused considerable confusion. The late Judge Mawhinney, in a carefully considered and scholarly opinion (In re Halohan Petition, 80 D. & C. 582 (1952)), reviewed the law concerning amendment of birth registrations and decided that the common pleas courts lacked jurisdiction to entertain petitions to amend such registrations. He concluded, further, that by virtue of the provisions of the Act of July 16, 1941, P. L. 405, as amended by the Act of May 21, 1943, P. L. 377, sec. 1, 35 PS §496, such jurisdiction was vested exclusively in the orphans’ court for persons born prior to June 1, 1906. At the same time, he expressed great doubt as to the jurisdiction of the orphans’ court in cases involving persons born after that date. He added, at page 588:

“None of the statutes presently in force confers any right to appeal a refusal of registration or amendment from the Bureau of Vital Statistics to this court. Assuming that the orphans’ court does not have jurisdiction in this matter, then no relief is available to petitioners in this county. The only recourse petitioners could have, if any, would be to appeal under the provisions of the Administrative Agency Law of June 4, 1945, P. L. 1388, which specifically limits such appeal to the Court of Common Pleas of Dauphin County;

The writer of the present opinion, in an article entitled “Some Suggested Legislative Changes”

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Related

State v. Cote
58 A.2d 749 (Supreme Court of New Hampshire, 1948)

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Bluebook (online)
8 Pa. D. & C.2d 577, 1957 Pa. Dist. & Cnty. Dec. LEXIS 408, Counsel Stack Legal Research, https://law.counselstack.com/opinion/difabio-birth-record-paorphctphilad-1957.