tiffanys
Until the baby is born, it is yours and yours alone; however, after the birth of the baby, according to PA law, which I have provided a copy of a portion thereof, the father has as much right to claim the child as you do.
It's never too early for someone is your situation to begin a program of counseling and parenting education. Please contact your health department or Department of Social Services and begin a course of education and counseling as provided by PA for parents with custody and visitation issues.
(a) General rule.--All children shall be legitimate irrespective of the marital status of their parents, and, in every case where children are born out of wedlock, they shall enjoy all the rights and privileges as if they had been born during the wedlock of their parents except as otherwise provided in Title 20 (relating to decedents, estates and fiduciaries).
(b) Determination of paternity.--For purposes of prescribing benefits to children born out of wedlock by, from and through the father, paternity shall be determined by any one of the following ways:
If the parents of a child born out of wedlock have married each other.
If, during the lifetime of the child, it is determined by clear and convincing evidence that the father openly holds out the child to be his and either receives the child into his home or provides support for the child.
If there is clear and convincing evidence that the man was the father of the child, which may include a prior court determination of paternity.
§ 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, on forms prescribed by subsection (c), an acknowledgment of paternity of the child which shall include the consent of the mother of the child, supported by her affidavit. 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.
(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.
(c) Duty of hospital or birthing center.--Upon the birth of a child to an unmarried woman, an agent of the hospital or birthing center where the birth occurred shall:
Provide the newborn's birth parents with an opportunity to complete an affidavit acknowledging paternity. The completed, signed and notarized affidavit shall be sent to the Department of Public Welfare. A copy shall be given to each of the birth parents. This affidavit shall contain:
(i) A sworn, signed statement by the birth mother consenting to the assertion of paternity.
(ii) A signed, notarized statement by the birth father acknowledging his paternity.
(iii) A written explanation of the parental duties and parental rights which arise from signing such a statement.
(iv) The Social Security numbers and addresses of both birth parents.
Provide written information, furnished by the Department of Public Welfare to the birth mother, which explains the benefits of having the child's paternity established, the availability of paternity establishment services and the availability of child support enforcement agencies.
(d) Conclusive evidence.--An acknowledgment of paternity shall constitute conclusive evidence of paternity in any action to establish support. An acknowledgment of paternity may be set aside by the court only upon clear and convincing evidence that the defendant was unaware of the fact that he was acknowledging paternity when the acknowledgment was signed.