Pennsylvania Consolidated Statutes

23 Pa. Cons. Stat. § 5102 (2026)

Children declared to be legitimate.

✓ current as of May 2026

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§ 5102. Children declared to be legitimate.

(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:

(1) If the parents of a child born out of wedlock have married each other.

(2) 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.

(3) 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.

Notes of Decisions

Cited in 22 cases (2 in the last 5 years), 1993–2025 · leading case: Ferguson v. McKiernan, 940 A.2d 1236 (Pa. 2007).

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Ferguson v. McKiernan, 940 A.2d 1236 (Pa. 2007). · cites it 9× “She argues that if this Court rules otherwise, it will act impermissibly in place of the General Assembly and contrarily to 23 Pa.C.S. § 5102, [12] which "mandates that without exception *1244 all children shall be "legitimate" without regard to the marital status of their…”

Gebler v. Gatti, 895 A.2d 1 (Pa. Super. Ct. 2006). · cites it 4× “Proof of fraud or misrepresentation precludes application of paternity by estoppel ¶ 9 Where, as here, there is no intact family unit to protect, the presumption of paternity does not apply.”

Kohler v. Bleem, 654 A.2d 569 (Pa. Super. Ct. 1995). · cites it 4× “More to the point, "paternity by estoppel" provisions have been codified by the General Assembly in 23 Pa.C.S. § 5102 as follows: § 5102. Children declared to be legitimate (a) General rule.”

RUTH F. v. Robert B., 690 A.2d 1171 (Pa. Super. Ct. 1997). · cites it 6× “[14] The second significant legislative act occurred in 1971, when the General Assembly eliminated the legal distinction between legitimate and illegitimate children, 23 Pa.C.S. § 5102. [15] As a result, all children were declared legitimate regardless of the marital status of…”

Rossa v. Workers' Comp. Appeal Bd., 839 A.2d 256 (Pa. 2003). · cites it 4× “23 Pa.C.S. § 5102 (emphasis added). It is beyond cavil that Ashley Rossa is seeking the benefit of support provided pursuant to the Act because of the work-related injury and death of Daniel Boyle.”

Rossa v. Workers' Comp. Appeal Bd. (City of Philadelphia), 794 A.2d 919 (Pa. Commw. Ct. 2002). · cites it 6× “Section 5102 of the Domestic Relations Code, 23 Pa.C.S. § 5102, states that "[f]or the purpose of prescribing benefits to children born out of wedlock by, from and through the father, paternity shall be determined" either through marriage, the holding out that the child is the…”

PNC Bank Corp. v. Workers' Comp. Appeal Bd., 831 A.2d 1269 (Pa. Commw. Ct. 2003). · cites it 2× “§ 4321(2) (providing that parents are liable for the support of their children); 23 Pa.C.S. § 5102(a) [providing that children born out of wedlock shall enjoy all the rights and privileges as if they had been born during wedlock except as is otherwise provided in Title 20…”

Freedman v. McCandless, 654 A.2d 529 (Pa. 1995). “206, § 2, 23 Pa.C.S. § 5102: § 5102. Children declared to be legitimate *• * * * * * (b) Determination of paternity.”

Bahl v. Lambert Farms, Inc., 819 A.2d 534 (Pa. 2003). · cites it 2× “[7] In the lower courts, the heirs relied on 23 Pa.C.S. § 5102 and 20 Pa.C.S. § 2107(c), which address the rights of illegitimate children, and arguably support a finding of William Sr.”

Branch v. Jackson, 629 A.2d 170 (Pa. Super. Ct. 1993). “” 23 Pa.C.S. § 5102. Those cases which have created or discussed distinctions between children born out of wedlock and those born in wedlock are the exception and have concerned problems with proof of paternity.”

Miscovich v. Miscovich, 688 A.2d 726 (Pa. Super. Ct. 1997). “The General Assembly has declared all children to be legitimate: 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…”

Rodgers v. Woodin, 672 A.2d 814 (Pa. Super. Ct. 1996). “See 23 Pa.C.S. § 5102(b)(2). Moreover, a judicial determination by the Crawford County courts vacated the.”

Show all 22 citing cases →

— 23 Pa. Cons. Stat. § 5102(a) — 7 cases

Ferguson v. McKiernan, 940 A.2d 1236 (Pa. 2007). “She argues that if this Court rules otherwise, it will act impermissibly in place of the General Assembly and contrarily to 23 Pa.C.S. § 5102, [12] which "mandates that without exception *1244 all children shall be "legitimate" without regard to the marital status of their…”

PNC Bank Corp. v. Workers' Comp. Appeal Bd., 831 A.2d 1269 (Pa. Commw. Ct. 2003). “§ 4321(2) (providing that parents are liable for the support of their children); 23 Pa.C.S. § 5102(a) [providing that children born out of wedlock shall enjoy all the rights and privileges as if they had been born during wedlock except as is otherwise provided in Title 20…”

Kohler v. Bleem, 654 A.2d 569 (Pa. Super. Ct. 1995). “More to the point, "paternity by estoppel" provisions have been codified by the General Assembly in 23 Pa.C.S. § 5102 as follows: § 5102. Children declared to be legitimate (a) General rule.”

Rossa v. Workers' Comp. Appeal Bd. (City of Philadelphia), 794 A.2d 919 (Pa. Commw. Ct. 2002). “Section 5102 of the Domestic Relations Code, 23 Pa.C.S. § 5102, states that "[f]or the purpose of prescribing benefits to children born out of wedlock by, from and through the father, paternity shall be determined" either through marriage, the holding out that the child is the…”

— 23 Pa. Cons. Stat. § 5102(b) — 4 cases

Gebler v. Gatti, 895 A.2d 1 (Pa. Super. Ct. 2006). “Proof of fraud or misrepresentation precludes application of paternity by estoppel ¶ 9 Where, as here, there is no intact family unit to protect, the presumption of paternity does not apply.”

RUTH F. v. Robert B., 690 A.2d 1171 (Pa. Super. Ct. 1997). “[14] The second significant legislative act occurred in 1971, when the General Assembly eliminated the legal distinction between legitimate and illegitimate children, 23 Pa.C.S. § 5102. [15] As a result, all children were declared legitimate regardless of the marital status of…”

Maggio v. Hughes, 79 Pa. D. & C.4th 184 (2006).

— 23 Pa. Cons. Stat. § 5102(b)(2) — 3 cases

Rodgers v. Woodin, 672 A.2d 814 (Pa. Super. Ct. 1996). “See 23 Pa.C.S. § 5102(b)(2). Moreover, a judicial determination by the Crawford County courts vacated the.”

A.S.M. v. E.M.S. (Pa. Super. Ct. 2017).

Bigelow, L. v. Q., R. (Pa. Super. Ct. 2024).

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