Bill 3790

                    Current Status

Bill Number:                       3790
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970401
Primary Sponsor:                   Bauer
All 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 Leach 
Drafted Document Number:           psd\7090ac.97
Companion Bill Number:             456
Residing Body:                     House
Date Tabled:                       19970522
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           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 Committee

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.