South Carolina General Assembly
122nd Session, 2017-2018

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Indicates Matter Stricken
Indicates New Matter

A241, R241, H3775

STATUS INFORMATION

General Bill
Sponsors: Reps. Knight, Delleney, Cobb-Hunter, Felder, J.E. Smith, Simrill, Douglas, West, Wheeler, Thigpen, Williams, McEachern, Johnson, Pitts, Ridgeway, Rutherford, Henegan, Collins, Brawley and King
Document Path: l:\council\bills\cc\15003vr17.docx

Introduced in the House on February 16, 2017
Introduced in the Senate on April 9, 2018
Last Amended on May 9, 2018
Passed by the General Assembly on May 10, 2018
Governor's Action: May 17, 2018, Signed

Summary: Birth certificates of adopted children

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/16/2017  House   Introduced and read first time (House Journal-page 12)
   2/16/2017  House   Referred to Committee on Medical, Military, Public and 
                        Municipal Affairs (House Journal-page 12)
   2/22/2017  House   Member(s) request name added as sponsor: Henegan
    3/2/2017  House   Member(s) request name added as sponsor: Collins
    4/3/2018  House   Member(s) request name added as sponsor: Brawley, King
    4/3/2018  House   Committee report: Favorable with amendment Medical, 
                        Military, Public and Municipal Affairs 
                        (House Journal-page 60)
    4/5/2018  House   Debate interrupted (House Journal-page 27)
    4/5/2018  House   Amended (House Journal-page 15)
    4/5/2018  House   Read second time (House Journal-page 15)
    4/5/2018  House   Roll call Yeas-102  Nays-0 (House Journal-page 18)
    4/5/2018  House   Unanimous consent for third reading on next legislative 
                        day (House Journal-page 20)
    4/6/2018  House   Read third time and sent to Senate (House Journal-page 2)
    4/6/2018          Scrivener's error corrected
    4/9/2018  Senate  Introduced and read first time (Senate Journal-page 8)
    4/9/2018  Senate  Referred to Committee on Medical Affairs 
                        (Senate Journal-page 8)
    5/3/2018  Senate  Committee report: Favorable Medical Affairs 
                        (Senate Journal-page 4)
    5/9/2018  Senate  Amended (Senate Journal-page 102)
    5/9/2018  Senate  Read second time (Senate Journal-page 102)
    5/9/2018  Senate  Roll call Ayes-43  Nays-0 (Senate Journal-page 102)
   5/10/2018  Senate  Read third time and returned to House with amendments 
                        (Senate Journal-page 153)
   5/10/2018  House   Concurred in Senate amendment and enrolled 
                        (House Journal-page 111)
   5/10/2018  House   Roll call Yeas-88  Nays-0 (House Journal-page 111)
   5/14/2018          Ratified R 241
   5/17/2018          Signed By Governor
   5/30/2018          Effective date 07/01/19
   5/31/2018          Act No. 241

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/16/2017
4/3/2018
4/5/2018
4/6/2018
5/3/2018
5/9/2018

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

(A241, R241, H3775)

AN ACT TO AMEND SECTION 44-63-140, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING IN PART TO ORIGINAL BIRTH CERTIFICATES OF ADOPTED PERSONS, SO AS TO ALLOW AN ADULT ADOPTEE EIGHTEEN YEARS OF AGE OR OLDER TO OBTAIN A COPY OF THE ADOPTEE'S OWN ORIGINAL BIRTH CERTIFICATE IN CERTAIN CIRCUMSTANCES, TO ALLOW A BIOLOGICAL PARENT TO EXECUTE A CONTACT PREFERENCE FORM AND A MEDICAL HISTORY FORM TO BE PROVIDED TO THE ADULT ADOPTEE UPON REQUEST, AND FOR OTHER PURPOSES.

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

Adult adoptee access to original birth certificate and other information

SECTION    1.    Section 44-63-140(1) of the 1976 Code is amended to read:

"(1)(a)    For a person born in this State, the state registrar shall prepare a supplementary Certificate of Birth in the name of the adoptee, free of any reference to or indication of the fact that the child was adopted and showing the adoptive parents as the parents, except that an adoption of an adult must display the words 'By Adoption' on the face of the amended certificate.

(b)    The original birth certificate and the evidence of adoption are not subject to inspection, except upon order of a court of competent jurisdiction. However, 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 if the biological parent has completed a form consenting to the release of the original birth certificate. The form 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.

(c)    The department shall develop a contact preference form and a medical history form to provide to a biological parent upon request to be completed at his option. Upon completion, a contact preference form and a medical history form must be filed with the state registrar and accompany an original sealed birth certificate issued to an adoptee pursuant to subitem (b).

(d)    The contact preference form must allow the biological parent to indicate whether he has completed or updated a medical history form and must allow the biological parent to choose one of the following contact options and provide contact information as appropriate:

(1)    I would like to be contacted.

(2)    I would prefer to be contacted only through an intermediary.

(3)    I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the state registrar.

Only department staff authorized to process applications made pursuant to subitem (b) may process contact preference and medical history forms.

(e)    The medical history form and contact preference form are confidential communications from the biological parent to the person named on the sealed birth certificate and must be placed in a sealed file upon receipt from the biological parent in the file containing the sealed original birth certificate. The sealed file containing the contact preference form and medical history form must be released to an adoptee requesting the adoptee's own original birth certificate pursuant to subitem (b). The contact preference form and medical history form are private communications from the biological parent to the adoptee named on the sealed birth certificate, and the state registrar shall retain a copy of the forms upon release to the adoptee."

Time effective

SECTION    2.    This act takes effect July 1, 2019, and applies only to adoptions finalized after that date.

Ratified the 14th day of May, 2018.

Approved the 17th day of May, 2018.

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This web page was last updated on May 31, 2018 at 3:52 PM