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									                                   South Carolina General Assembly
                                       119th Session, 2011-2012

S. 26

STATUS INFORMATION

General Bill
Sponsors: Senator Leatherman
Document Path: l:\s-financ\drafting\hkl\004adop.dag.hkl.docx

Introduced in the Senate on January 11, 2011
Currently residing in the Senate Committee on Medical Affairs

Summary: Birth certificates


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 12/1/2010   Senate   Prefiled
 12/1/2010   Senate   Referred to Committee on Medical Affairs
 1/11/2011   Senate   Introduced and read first time (Senate Journal-page 18)
 1/11/2011   Senate   Referred to Committee on Medical Affairs (Senate Journal-page 18)

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

12/1/2010
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 9                                A BILL
10
11   TO AMEND SECTION 44-63-140 OF THE 1976 CODE,
12   RELATING TO BIRTH CERTIFICATES FOR ADOPTED
13   CHILDREN    OR    ADULTS   INCLUDING   FOREIGN
14   ADOPTIONS, TO DELETE THE PROVISION REQUIRING A
15   STATEMENT ON A CERTIFICATE OF FOREIGN BIRTH
16   THAT THE CERTIFICATE IS NOT EVIDENCE OF UNITED
17   STATES CITIZENSHIP.
18
19   Be it enacted by the General Assembly of the State of South
20   Carolina:
21
22   SECTION 1. Section 44-63-140 of the 1976 Code is amended to
23   read:
24
25      “Section 44-63-140. Upon receipt of a certified Certificate of
26   Adoption pursuant to Section 20-7-1790:
27      (1) For a person born in this State, the state registrar shall
28   prepare a supplementary Certificate of Birth in the name of the
29   adoptee, free of any reference to or indication of the fact that the
30   child was adopted and showing the adoptive parents as the real
31   parents, except that an adoption of an adult must display the words
32   ‘By Adoption’ on the face of the amended certificate.
33      The state registrar shall furnish a copy of the amended
34   certificate to the county registrar who shall file the amended
35   certificate in lieu of the copy of the original birth certificate. The
36   state registrar shall require the county registrar to return the copy
37   of the original certificate recorded at the county office to the state
38   office to be placed in the special sealed file. Periodically, the state
39   registrar shall transmit copies of amendatory certificates to the
40   county registrar in the county of birth.
41      (2) When adoption is decreed by a family court in this State of
42   a person born in a foreign country who was not a United States

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 1   citizen at birth and evidence of the date and place of birth
 2   submitted to the court and the court order setting forth the date and
 3   place of birth are attached to the Certificate of Adoption, the state
 4   registrar, when directed by the court order, shall prepare a
 5   ‘Certificate of Foreign Birth’. The certificate, and any issued copy
 6   of the certificate, must be labeled ‘Certificate of Foreign Birth’ and
 7   must show the actual country of birth. A statement also must be
 8   included on the certificate, and any issued copy of the certificate,
 9   that it is not evidence of United States citizenship for the person
10   for whom it is issued.
11      (3) If the person was born in a foreign country and was a
12   United States citizen at the time of birth, the state registrar may not
13   prepare a ‘Certificate of Foreign Birth’ but shall notify the
14   adoptive parents of the procedure for obtaining a revised birth
15   certificate for their child through the United States Department of
16   State.
17      (4) For a person born in another state in the United States, the
18   state registrar shall transmit the certified Certificate of Adoption to
19   the state registrar in the state of birth.
20      (5) When adoption is decreed in a foreign country of a person
21   born in that country and the procedures set forth in Section
22   63-9-910 are followed, upon receipt of the court order with its
23   findings and the certificate of adoption, the state registrar shall
24   prepare a ‘Certificate of Foreign Birth’. The certificate, and any
25   issued copy of the certificate, must be labeled ‘Certificate of
26   Foreign Birth’ and must state the actual country of birth. A
27   statement also must be included on the certificate, and any issued
28   copy of the certificate, that it is not evidence of United States’
29   citizenship for the person for whom it is issued.”
30
31   SECTION 2. A Certificate of Foreign Birth issued pursuant to
32   Section 44-63-140 of the 1976 Code prior to February 21, 2001,
33   for a child who was younger than eighteen years of age on
34   February 21, 2001, must be amended by the State Registrar, upon
35   application of the parent or guardian of the adoptee, to remove any
36   statement indicating that the birth certificate is not proof of
37   citizenship, in accordance with this act.
38
39   SECTION 3. This act takes effect upon approval by the Governor.
40                            ----XX----
41



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