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3159Ratification Number: 516Act Number: 465Introducing Body: HouseSubject: Relating to the procedure for registering birth by way of a delayed birth certificate
(A465, R516, H3159)
AN ACT TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTERING BIRTH BY WAY OF A DELAYED BIRTH CERTIFICATE, SO AS TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION OF THESE MATTERS RATHER THAN THE COURT OF COMMON PLEAS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-63-100 of the 1976 Code is amended to read:
"Section 44-63-100. A petition may be filed in the family court of petitioner's residence for an order establishing a record of the date of birth, place of birth, and parentage of the person whose birth is sought to be registered by way of a delayed birth certificate.
The petition shall allege that the person for whom a delayed certificate of birth is sought was born in this State; that no record of birth exists; that the petitioner has failed to produce the minimum required documentation to the State Registrar of Vital Statistics.
The court shall fix the time and place of a 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.
The court shall determine the place of birth, date of birth, parentage and those other findings as considered necessary, and shall issue its order which must include all data prescribed by the State Registrar to establish a record of birth which must be recorded and shall constitute the record of birth. This order shall include the birth date to be registered and a description of the evidence presented. The order must be forwarded by the clerk of the family court to the State Registrar no later than the tenth day of the calendar month following the month in which it was entered by the court."
SECTION 2. This act shall take effect upon approval by the Governor.