Current Status Bill Number:
3790Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19970401Primary Sponsor: BauerAll Sponsors: Bauer, Barfield, Meacham, J. Hines, McMaster, Simrill, Seithel, Neal, Altman, Sandifer, Fleming, Govan, Knotts, Young, Riser, Koon, Harrison, Davenport, Hawkins, Inabinett, Mullen, Allison, Lanford, Robinson, Cato, Pinckney, Moody-Lawrence, Miller, Tripp, Battle, Byrd, Canty, Gamble, Bowers, J. Smith, Limehouse, Barrett, Young-Brickell, Lloyd, Mason, Rodgers and LeachDrafted Document Number: psd\7090ac.97Companion Bill Number: 456Residing Body: HouseDate Tabled: 19970522Current Committee: Judiciary Committee 25 HJSubject: Foreign adoption, forms and guidelines for obtaining domestication of; Minors, Social Services
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19970522 Tabled in Committee 25 HJ House 19970401 Introduced, read first time, 25 HJ referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1795. (A) Notwithstanding the provisions of Section 20-7-1790 (A) and (B), in the case of a child born in a foreign country who was not a United States citizen at birth and whose adoption was finalized in a foreign country, the court shall transmit the certificate of adoption to the State Registrar of Vital Statistics without the necessity of a hearing unless the court finds the documentation submitted pursuant to subsection (B) is unsatisfactory and such finding is stated in the order resulting from the hearing.
(B) Documentation required to be submitted to the court includes, but is not limited to:
(1) a verified petition seeking domestication of the foreign adoption;
(2) a post-foreign adoption home study evaluating the adjustment and progress of the child and family since adoption;
(3) naturalization papers, if available;
(4) other documentation as the court may request as stated in materials developed pursuant to subsection (C).
(C) Court Administration in consultation with the Department of Social Services shall develop petition forms, including documentation required to be filed with the petition, and guidelines for obtaining the domestication of a foreign adoption. These forms and guidelines must be available to the public upon request at all county clerks of court offices and at Department of Social Services county offices and regional adoption offices."
SECTION 2. This act takes effect upon approval by the Governor.