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									                                   South Carolina General Assembly
                                       116th Session, 2005-2006

A324, R357, S1032

STATUS INFORMATION

General Bill
Sponsors: Senator Lourie
Document Path: l:\council\bills\nbd\11992ac06.doc

Introduced in the Senate on January 10, 2006
Introduced in the House on April 27, 2006
Last Amended on May 24, 2006
Passed by the General Assembly on May 25, 2006
Governor's Action: June 6, 2006, Signed

Summary: Birth certificates


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body     Action Description with journal page number
 1/10/2006   Senate   Introduced and read first time SJ-49
 1/10/2006   Senate   Referred to Committee on Medical Affairs SJ-49
 4/20/2006   Senate   Committee report: Favorable Medical Affairs SJ-6
 4/25/2006   Senate   Read second time SJ-22
 4/26/2006   Senate   Read third time and sent to House SJ-31
 4/27/2006   House    Introduced and read first time HJ-5
 4/27/2006   House    Referred to Committee on Medical, Military, Public and Municipal Affairs HJ-5
 5/17/2006   House    Committee report: Favorable with amendment Medical, Military, Public and
                         Municipal Affairs HJ-97
 5/18/2006            Scrivener's error corrected
 5/24/2006 House      Requests for debate-Rep(s). GM Smith, White, Clemmons, Umphlett, Weeks,
                         Rutherford, and Leach HJ-81
 5/24/2006   House    Requests for debate removed-Rep(s). GM Smith, Clemmons, and Weeks HJ-109
 5/24/2006   House    Amended HJ-109
 5/24/2006   House    Read second time HJ-110
 5/25/2006   House    Read third time and returned to Senate with amendments HJ-14
 5/25/2006   Senate   Concurred in House amendment and enrolled SJ-192
 5/31/2006            Ratified R 357
  6/6/2006            Signed By Governor
  6/9/2006            Copies available
  6/9/2006            Effective date 06/06/06
 6/16/2006            Act No. 324

View the latest legislative information at the LPITS web site


VERSIONS OF THIS BILL

1/10/2006
4/20/2006
5/17/2006
5/18/2006
5/24/2006
(A324, R357, S1032)

AN ACT TO AMEND SECTION 44-63-100, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO DELAYED BIRTH
CERTIFICATES, SO AS TO CHANGE THE DESIGNATION TO
“CERTIFICATE OF BIRTH ESTABLISHED BY COURT
ORDER” AND TO FURTHER SPECIFY THE PROCEDURES
FOR OBTAINING SUCH A CERTIFICATE, INCLUDING
REQUIRING ATTACHMENT OF A CERTIFICATION TO THE
PETITION FROM THE STATE REGISTRAR OF VITAL
STATISTICS STATING THAT NO BIRTH RECORD HAS
BEEN LOCATED AND REQUIRING THAT ADDITIONAL
INFORMATION      BE   INCLUDED   IN   THE   ORDER
ESTABLISHING THE RECORD OF BIRTH; AND TO AMEND
SECTION 44-63-165, RELATING TO BIRTH CERTIFICATES
FOR CHILDREN BORN OUT OF WEDLOCK AND THE
REQUIREMENTS          FOR      INCLUDING        AN
ACKNOWLEDGEMENT OF PATERNITY, SO AS TO SPECIFY
THE    STATUTORY      LAW    UNDER    WHICH     AN
ACKNOWLEDGMENT OF PATERNITY MUST BE ISSUED
WHEN DETERMINED BY THE COURT.

Be it enacted by the General Assembly of the State of South Carolina:

Certificate of Birth Established by Court Order

SECTION 1. Section 44-63-100 of the 1976 Code is amended to read:

   “Section 44-63-100. (A) A petition may be filed in the South
Carolina family court of petitioner’s residence, or if petitioner no
longer resides in South Carolina, in a court of competent jurisdiction in
the state of petitioner’s residence, for an order establishing a record of
the name at birth, subsequent name changes, gender at birth, gender
changes, date of birth, county of birth, and the full name of the mother
prior to any marriages, and the full name of the biological father of the
person whose birth is sought to be registered by way of a Delayed
Certificate of Birth Established by Court Order.
   (B) The petition must allege that the person for whom a delayed
certificate of birth is sought was born in this State, that no record of
birth exists, and that the petitioner has failed to produce the minimum
required documentation to the State Registrar of Vital Statistics for an
administrative establishment of a delayed birth certificate.            A
certification from the State Registrar of Vital Statistics must be
attached to the petition stating that no birth record has been located in
the records of this State. This certification must be dated less than two
years before the petitions’ filing date.
   (C) The petitioner shall serve a certified copy of the filed petition on
the State Registrar of Vital Statistics at least thirty days before a
scheduled hearing. The court shall fix the time and place of the
hearing on the petition for establishment of birth registration, and at
least ten days’ notice in writing must be given to the State Registrar of
Vital Statistics.
   (D) The court shall determine, and the order must include, the
registrant’s name at birth, subsequent name changes, gender at birth,
gender changes, the date of birth, the county of birth, the full name of
the mother prior to any marriages, the full name of the biological
father, and additional findings as the court considers necessary. The
order also must include a description of the evidence presented to the
court. The order must be forwarded by the clerk of court to the State
Registrar no later than thirty days following the month in which the
order was entered by the court.”

Birth certificates for children born out of wedlock

SECTION 2. Section 44-63-165 of the 1976 Code is amended to read:

   “Section 44-63-165. A certificate must be prepared for a child born
out of wedlock in this State to include the name of the father upon
receipt of a sworn acknowledgment of paternity signed by both parents
to include the surname by which the child is to be known. However, if
the reputed father or the mother is deceased, if another man is shown as
the father of the child on the original birth certificate or if the original
birth certificate states that the mother was married, a new certificate
may be prepared only when paternity has been determined or
acknowledged pursuant to subarticle 4, Article 9, Chapter 7, Title 20,
Section 20-7-952 et seq. A paternity acknowledgment must be
provided to the State Department of Social Services from the
appropriate state agency upon request at no charge for the purpose of
establishing a child support obligation and otherwise a paternity
acknowledgment is not subject to inspection except upon order of the
Family Court.”




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Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Ratified the 31st day of May, 2006.

Approved the 6th day of June, 2006.

                             __________




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