South Carolina General Assembly
108th Session, 1989-1990

Bill 732

                    Current Status

Bill Number:               732
Ratification Number:       696
Act Number                 567
Introducing Body:          Senate
Subject:                   Condition deleted to require identities
                           to be revealed in an adoption
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A567, R696, S732)

AN ACT TO AMEND SECTION 20-7-1780, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, SO AS TO DELETE ONE OF THE CONDITIONS UNDER WHICH THE IDENTITIES OF AN ADOPTEE AND HIS BIOLOGICAL PARENTS AND SIBLINGS MUST BE REVEALED TO EACH OTHER.

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

Condition deleted to require identities to be revealed in an adoption

SECTION 1. Section 20-7-1780(E) of the 1976 Code is amended to read:

"(E)(1) The public adoption agencies responsible for the placement shall furnish to an adoptee the identity of the adoptee's biological parents and siblings and to the biological parents and siblings the identity of the adoptee under the following conditions:

(a) The adoptee must be twenty-one years of age or older, and the applicants shall apply in writing to the adoption agency for the information.

(b) The adoption agency must have a current file containing affidavits from the adoptee and the biological parents and siblings that they are willing to have their identities revealed to each other. The affidavit also must include a statement releasing the agency from any liability due to the disclosure. It is the responsibility of the person furnishing the affidavit to advise the agency of a change in his status, name, and address.

(c) The adoption agency shall establish and maintain a confidential register containing the names and addresses of the adoptees and biological parents and siblings who have filed affidavits. It is the responsibility of a person whose name and address are in the register to provide the agency with his current name and address.

(d) The adoptee and his biological parents and siblings shall undergo counseling by the adoption agency concerning the effects of the disclosure. The adoption agency may charge a fee for the services, but services must not be denied because of inability to pay.

(2) No disclosure may be made within thirty days after compliance with these conditions. The director of the adoption agency may waive the thirty-day period in extreme circumstances.

(3) The adoption agency may delay disclosure for twenty days from the expiration of the thirty-day period to allow time to apply to a court of competent jurisdiction to enjoin the disclosure for good cause shown."

Time effective

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

Approved the 11th day of June, 1990.