South Carolina General Assembly
116th Session, 2005-2006

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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


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

(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."

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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