28 Pa. Code § 1.6
The child of an unmarried woman may be registered with any surname requested by the mother. If no other surname is so requested, the child shall be registered with the mother’s surname.
The provisions of this § 1.6 adopted November 7, 1975, 5 Pa.B. 2926.
This section cited in 28 Pa. Code § 1.8 (relating to application).
In a disagreement over a child’s name, the best interests of the child standard applies, not 28 Pa. Code § 1.6 which impermissibly distinguishes between unwed mothers and unwed fathers in violation of the Equal Rights Amendment to the Pennsylvania Constitution (Article 1, section 28) In re Mull, 18 D. & C.3d 290, 294 (1981).