S*1032(Rat #0357, Act #0324 of 2006)  General Bill, By Lourie
 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. - ratified title

   01/10/06  Senate Introduced and read first time SJ-49
   01/10/06  Senate Referred to Committee on Medical Affairs SJ-49
   04/20/06  Senate Committee report: Favorable Medical Affairs SJ-6
   04/25/06  Senate Read second time SJ-22
   04/26/06  Senate Read third time and sent to House SJ-31
   04/27/06  House  Introduced and read first time HJ-5
   04/27/06  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-5
   05/17/06  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-97
   05/18/06         Scrivener's error corrected
   05/24/06  House  Requests for debate-Rep(s). GM Smith, White,
                     Clemmons, Umphlett, Weeks, Rutherford, and Leach HJ-81
   05/24/06  House  Requests for debate removed-Rep(s). GM Smith,
                     Clemmons, and Weeks HJ-109
   05/24/06  House  Amended HJ-109
   05/24/06  House  Read second time HJ-110
   05/25/06  House  Read third time and returned to Senate with
                     amendments HJ-14
   05/25/06  Senate Concurred in House amendment and enrolled SJ-192
   05/31/06         Ratified R 357
   06/06/06         Signed By Governor
   06/09/06         Copies available
   06/09/06         Effective date 06/06/06
   06/16/06         Act No. 324

(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.