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Bill 857

                    Current Status

Bill Number:                      857
Type of Legislation:              General Bill GB
Introducing Body:                 Senate
Introduced Date:                  19990525
Primary Sponsor:                  Thomas
All Sponsors:                     Thomas
Drafted Document Number:          l:\council\bills\kgh\15659ac99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Adoption proceedings, notification 
                                  provisions, use of fictitious names, Minors


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  19990525  Introduced, read first time,           11 SJ
                  referred to Committee


                             Versions of This Bill

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1737 SO AS TO PROVIDE THAT A PERSON ENTITLED TO NOTICE OF AN ADOPTION PROCEEDING WHO DOES NOT RECEIVE ACTUAL NOTICE MAY CONTEST THE ADOPTION WITHIN TWELVE MONTHS OF THE FINAL DECREE; AND TO AMEND SECTION 20-7-1736, RELATING TO USE OF FICTITIOUS NAMES IN ADOPTION PROCEEDINGS, SO AS TO PROVIDE THAT SUCH NAMES ONLY MAY BE USED IF GOOD CAUSE IS SHOWN TO CONCEAL IDENTITIES OF PERSONS OR IF THE IDENTITY OF A PERSON IS NOT KNOWN.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 20-7-1737. A person entitled to notice of any proceeding initiated pursuant to this subarticle who did not receive actual notice of the proceeding may contest the adoption within twelve months of the final decree of adoption."

SECTION 2. Section 20-7-1736 of the 1976 Code, as added by Act 653 of 1988, is amended to read:

"Section 20-7-1736. For purposes of this subarticle, the petitioner may employ the use of fictitious names where necessary to avoid disclosure of identities of parties or persons, so long as service of process or notice is considered sufficient by the court, and:

(1) there is good cause shown to conceal the identity of a party or person; or

(2) the identity of the party or person is not known and an affidavit attesting to this has been filed with the court."

SECTION 3. This act takes effect upon approval by the Governor, except adoption proceedings in progress and not completed before the effective date of this act must be carried to conclusion pursuant to the provisions of the sections amended by this act as they existed before amendment, unless the proceedings are otherwise revised by the family court to conform to the provisions of this act. "Proceedings in progress" include proceedings in which consent or relinquishment has been given for the purpose of adoption before the effective date of this act whether or not a petition has been filed before that date.

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