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H. 4566
STATUS INFORMATION
General Bill
Sponsors: Reps. May, McKnight and McGarry
Document Path: l:\council\bills\jn\3462vr22.docx
Companion/Similar bill(s): 5000
Introduced in the House on January 11, 2022
Currently residing in the House Committee on Judiciary
Summary: Original birth certificates, access by adult adopted persons
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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11/10/2021 House Prefiled
11/10/2021 House Referred to Committee on Judiciary
1/11/2022 House Introduced and read first time (House Journal-page 56)
1/11/2022 House Referred to Committee on Judiciary
(House Journal-page 56)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 44-63-140, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO THE RIGHT OF ADULT ADOPTED PERSONS TO ACCESS THEIR ORIGINAL BIRTH CERTIFICATES IN CERTAIN CIRCUMSTANCES, SO AS TO APPLY RETROACTIVELY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-63-140(1)(b), as last amended by Act 241 of 2018, is further amended to read:
"(b)(i) The original birth certificate and the evidence of adoption are not subject to inspection, except upon order of a court of competent jurisdiction or as provided in this subitem. However,
(ii) A person eighteen years of age or older who was born in the State of South Carolina and who has had his original certificate of birth sealed due to an adoption may, upon written request to the state registrar, receive a copy of his original birth certificate and any evidence of the adoption held with the original record, regardless of the date on which the adoption was finalized, if the biological parent has completed a form consenting to the release of the original birth certificate or has provided notarized written consent to the release of the original birth certificate. This provision allows adult adopted persons to access a copy of their original birth certificate and accompanying evidence of adoption with the consent of the biological parent and applies retroactively, regardless of the date on which the adoption was finalized.
(iii) The form referenced in subitem (b)(ii) also must allow for the biological parent to indicate contact preference and to consent to release of medical history pursuant to item (1)(c). The copy of the original birth certificate must be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes. All procedures, fees, and waiting periods applicable to nonadopted citizens born in the State of South Carolina seeking copies of certificates of birth apply."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on
February 22, 2022 at 12:50 PM