SENATE AMENDED
PRIOR PRINTER'S NOS. 926, 3304, 3575 PRINTER'S NO. 3773
No. 794 Session of 2003
INTRODUCED BY SCHRODER, BELFANTI, CAPPELLI, HARPER, CREIGHTON,
DeWEESE, FRANKEL, FREEMAN, GEIST, HENNESSEY, HERSHEY, HORSEY,
JOSEPHS, KELLER, LEACH, LEWIS, PICKETT, PISTELLA, SAYLOR,
SOLOBAY, E. Z. TAYLOR, TIGUE, WALKO, WANSACZ, YOUNGBLOOD,
REICHLEY, WHEATLEY AND PALLONE, MARCH 10, 2003
AS AMENDED ON THIRD CONSIDERATION, IN SENATE, APRIL 14, 2004
AN ACT
1 Amending the act of June 29, 1953 (P.L.304, No.66), entitled "An
2 act providing for the administration of a statewide system of
3 vital statistics; prescribing the functions of the State
4 Department of Health, the State Advisory Health Board and
5 local registrars; imposing duties upon coroners,
6 prothonotaries, clerks of orphans' court, physicians,
7 midwives and other persons; requiring reports and
8 certificates for the registration of vital statistics;
9 regulating the disposition of dead bodies; limiting the
10 disclosure of records; prescribing the sufficiency of vital
11 statistics records as evidence; prescribing fees and
12 penalties; and revising and consolidating the laws relating
13 thereto," further providing for the issuance of birth
14 certificates to foreign born children who have become United
15 States citizens.
16 The General Assembly of the Commonwealth of Pennsylvania
17 hereby enacts as follows:
18 Section 1. Section 403 of the act of June 29, 1953 (P.L.304,
19 No.66), known as the Vital Statistics Law of 1953, amended July
20 11, 1990 (P.L.433, No.106), is amended to read:
21 Section 403. Birth Registration: Children Born in a Country
22 Other Than the United States.--(a) The department shall, upon
1 request, complete and register birth certificates for any child
2 born in a country other than the United States when either
3 parent is a citizen of the United States and a resident of the
4 Commonwealth of Pennsylvania. [Such certificates]
5 (b) (1) Except as provided in clause (2), a birth
6 certificate issued under subsection (a) shall show the true
7 country and date of birth, and that the certificate is not
8 evidence of the United States citizenship of the registrant. For
9 such registration the department shall require proof of parental
10 United States citizenship and of Pennsylvania residence.
11 (2) For any foreign born child who satisfies the
12 requirements of either 8 U.S.C. § 1431 or 1433 and whose parent
13 presents documents from the UNITED STATES DEPARTMENT OF STATE, <--
14 UNITED STATES DEPARTMENT OF JUSTICE, Immigration and
15 Naturalization Service, UNITED STATES CITIZENSHIP AND <--
16 IMMIGRATION SERVICES OF THE UNITED STATES DEPARTMENT OF HOMELAND
17 SECURITY OR THEIR SUCCESSOR AGENCIES, INCLUDING EITHER A
18 CERTIFICATE OF CITIZENSHIP, A UNITED STATES PASSPORT OR OTHER <--
19 DOCUMENT AS SPECIFIED BY THE DEPARTMENT, verifying the child's
20 United States citizenship, the birth certificate shall show the
21 true country and date of birth but will not contain any notation
22 regarding citizenship of the registrant. For such registration
23 the department shall require proof of parental United States
24 citizenship and of Pennsylvania residence.
25 (c) The Social Security number or numbers of each parent are
26 to be recorded and maintained as required in section 401.
27 (d) Certified copies of such certificates shall be issued
28 upon application and payment of the prescribed fee.
29 Section 2. Section 604 of the act, added July 3, 1957
30 (P.L.443, No.247), is amended to read:
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1 Section 604. Change of Civil Status Registration of Foreign
2 Born Children Adopted in Pennsylvania.--(a) For any child born
3 in a foreign country but adopted in Pennsylvania, whose adopting
4 parents are United States citizens and residents of
5 Pennsylvania, the department shall, upon request, complete and
6 register a birth certificate upon receipt of a certified copy of
7 the decree of adoption, together with proof of the date and
8 place of the child's birth. [The certificate]
9 (b) (1) Except as provided in clause (2), a birth
10 certificate issued under subsection (a) shall show the new name
11 of the child as specified in the decree of adoption, and such
12 further information concerning the adopting parents as may be
13 necessary to complete the birth certificate. The certificate
14 shall show the true country and date of birth of the child, and
15 that the certificate is not evidence of United States
16 citizenship.
17 (2) For any foreign born child who satisfies the
18 requirements of either 8 U.S.C. § 1431 or 1433 and whose parent
19 presents documents from the UNITED STATES DEPARTMENT OF STATE, <--
20 UNITED STATES DEPARTMENT OF JUSTICE, Immigration and
21 Naturalization Service, UNITED STATES CITIZENSHIP AND <--
22 IMMIGRATION SERVICES OF THE UNITED STATES DEPARTMENT OF HOMELAND
23 SECURITY OR THEIR SUCCESSOR AGENCIES, INCLUDING EITHER A
24 CERTIFICATE OF CITIZENSHIP, A UNITED STATES PASSPORT OR OTHER <--
25 DOCUMENT AS SPECIFIED BY THE DEPARTMENT, verifying the child's
26 United States citizenship, the birth certificate shall show the
27 true country and date of birth but will not contain any notation
28 regarding citizenship of the registrant. For such registration
29 the department shall require proof of parental United States
30 citizenship and of Pennsylvania residence.
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1 (c) Certified copies of such certificates shall be issued
2 upon application and payment of the prescribed fee.
3 Section 3. The provisions of this act shall be retroactive <--
4 to January 1, 1985 1986. <--
5 SECTION 3. THE AMENDMENT OF SECTIONS 403 AND 604 SHALL BE <--
6 APPLICABLE TO ANY CHILD BORN ON OR AFTER JANUARY 1, 1986.
7 Section 4. This act shall take effect immediately.
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