South Carolina General Assembly
108th Session, 1989-1990

Bill 4870


                    Current Status

Bill Number:               4870
Ratification Number:       690
Act Number                 562
Introducing Body:          House
Subject:                   Genetic testing
View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A562, R690, H4870)

AN ACT TO AMEND SECTION 20-7-954, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REQUIREMENT THAT GENETIC TESTS MUST BE CONDUCTED TO DETERMINE PATERNITY, SO AS TO DELETE LANGUAGE WHICH WOULD AUTHORIZE THE INDIVIDUAL INVOLVED IN THE TESTING NOT TO COOPERATE FOR GOOD CAUSE BECAUSE OF OTHER REASONS NOT ESTABLISHED IN THE SOCIAL SECURITY ACT OR WHERE THE COURT DETERMINES THAT THE INDIVIDUAL HAS GOOD CAUSE FOR REFUSING TO SUBMIT TO GENETIC TESTING BECAUSE OF THE POTENTIAL FOR EMOTIONAL OR PHYSICAL HARM TO THE CHILD, TO THE CUSTODIAL PARENT WHERE THE HARM REDUCES THE PERSON'S ABILITY TO CARE FOR THE CHILD, TO THE PUTATIVE PARENT WHERE THE HARM OUTWEIGHS THE CHILD'S INTEREST IN PATERNITY DETERMINATION, OR THE POTENTIAL FOR VIOLATION OF AN OVERRIDING RELIGIOUS BELIEF OF EITHER THE CUSTODIAL OR THE PUTATIVE PARENT.

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

Genetic testing

SECTION 1. Section 20-7-954(B) of the 1976 Code, as last amended by Act 195 of 1989, is further amended to read:

"(B) For all child support cases, the child and all other parties in a contested paternity case, upon the request of any party, must be ordered by the court to submit to genetic testing to determine paternity. This testing is not required where the individual involved has good cause for failing to cooperate pursuant to the provisions of Section 402(a)(26)(B) of the Social Security Act or where the court determines that the individual involved has good cause for refusing to submit to genetic testing because of (a) the potential for emotional or physical harm to the child, (b) the potential for emotional or physical harm to the custodial parent where the harm reduces the person's ability to care for the child, (c) the potential for physical or emotional harm to the putative parent where that harm outweighs the child's interest in paternity determination, or (d) the potential for violation of an overriding religious belief of either the custodial parent or the putative parent."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Approved the 7th day of June, 1990.