H*3144 Session 107 (1987-1988)
H*3144(Rat #0356, Act #0341 of 1988) General Bill, By
House Medical, Military, Public and Municipal Affairs
Similar(S 773)
A Bill to amend Chapter 63 of Title 44, Code of Laws of South Carolina, 1976,
relating to vital statistics, so as to clarify the responsibilities of the
Department of Health and Environmental Control in the registration and
certification of vital records; require each institution providing nursing,
custodial, or domiciliary care to issue permits and require the coroner of
each county to issue permits for noninstitution deaths; delete certain penalty
provisions which are incorporated into other provisions of Chapter 63; specify
restrictions on the issuance of copies to authorized entities; clarify those
entitled to the short form or birth card and specify which Code Sections
govern the establishment of paternity; add provisions to prevent the
fraudulent use of birth certificates of deceased persons and provide a
mechanism for members of a deceased person's family to obtain a copy of the
birth certificate; add provisions which provide for the issuance of a
certified copy of a death certificate only to those individuals with a direct
and tangible interest while allowing access to the older records for
geneological or other purposes to the applicant; add provisions to specify
entitlement to copies of marriage and divorce records filed with the
Department; provide that no delayed birth certificate may be registered for a
deceased person and delete provisions which duplicate this provision; provide
the correct references to cover all fees charged by the State Registrar for
searching, certifying, and amending individual vital records; provide a
process for filing birth certificates with the Bureau of Vital Statistics for
foreign-born, alien children adopted in this State; clarify recommendations
for correcting mistakes in birth and death certificates; clarify the process
of amending the birth certificate of a child whose parents marry after the
child's birth; group all penalties within one Code Section; provide a process
of filing or amending a birth certificate where paternity has been determined
pursuant to an order of the family court; provide a process for entering the
father's name on a birth certificate based upon paternity acknowledgment by
the mother and person to be named as the father; clarify the provision for
establishing a delayed birth certificate at a county health department for a
person born prior to 1915; and delete provisions which transfer records from
the clerks of court to the county health departments.
05/14/87 House Introduced, read first time, placed on calendar
without reference HJ-1710
05/20/87 House Read second time HJ-3041
05/21/87 House Read third time and sent to Senate HJ-3070
05/26/87 Senate Introduced and read first time SJ-2305
05/26/87 Senate Referred to Committee on Medical Affairs SJ-2305
01/28/88 Senate Committee report: Favorable with amendment
Medical Affairs SJ-20
02/04/88 Senate Amended SJ-34
02/04/88 Senate Read second time SJ-36
02/09/88 Senate Read third time SJ-17
02/09/88 Senate Returned SJ-17
02/11/88 House Concurred in Senate amendment and enrolled HJ-1141
02/18/88 Ratified R 356
02/24/88 Signed By Governor
02/24/88 Effective date 02/24/88
02/24/88 Act No. 341
03/08/88 Copies available
(A341, R356, H3144)
AN ACT TO AMEND CHAPTER 63 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO VITAL STATISTICS, SO AS TO CLARIFY THE RESPONSIBILITIES OF THE
DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL IN THE REGISTRATION AND
CERTIFICATION OF VITAL RECORDS; REQUIRE EACH INSTITUTION PROVIDING NURSING,
CUSTODIAL, OR DOMICILIARY CARE TO ISSUE PERMITS AND REQUIRE THE CORONER OF EACH
COUNTY TO ISSUE PERMITS FOR NONINSTITUTION DEATHS; DELETE CERTAIN PENALTY
PROVISIONS WHICH ARE INCORPORATED INTO OTHER PROVISIONS OF CHAPTER 63; SPECIFY
RESTRICTIONS ON THE ISSUANCE OF COPIES TO AUTHORIZED ENTITIES; CLARIFY THOSE
ENTITLED TO THE SHORT FORM OR BIRTH CARD AND SPECIFY WHICH CODE SECTIONS GOVERN
THE ESTABLISHMENT OF PATERNITY; ADD PROVISIONS TO PREVENT THE FRAUDULENT USE OF
BIRTH CERTIFICATES OF DECEASED PERSONS AND PROVIDE A MECHANISM FOR MEMBERS OF A
DECEASED PERSON'S FAMILY TO OBTAIN A COPY OF THE BIRTH CERTIFICATE; ADD
PROVISIONS WHICH PROVIDE FOR THE ISSUANCE OF A CERTIFIED COPY OF A DEATH
CERTIFICATE ONLY TO THOSE INDIVIDUALS WITH A DIRECT AND TANGIBLE INTEREST WHILE
ALLOWING ACCESS TO THE OLDER RECORDS FOR GENEALOGICAL OR OTHER PURPOSES TO THE
APPLICANT; ADD PROVISIONS TO SPECIFY ENTITLEMENT TO COPIES OF MARRIAGE AND
DIVORCE RECORDS FILED WITH THE DEPARTMENT; PROVIDE THAT NO DELAYED BIRTH
CERTIFICATE MAY BE REGISTERED FOR A DECEASED PERSON AND DELETE PROVISIONS WHICH
DUPLICATE THIS PROVISION; PROVIDE THE CORRECT REFERENCES TO COVER ALL FEES
CHARGED BY THE STATE REGISTRAR FOR SEARCHING, CERTIFYING, AND AMENDING INDIVIDUAL
VITAL RECORDS; PROVIDE A PROCESS FOR FILING BIRTH CERTIFICATES WITH THE BUREAU
OF VITAL STATISTICS FOR FOREIGN-BORN, ALIEN CHILDREN ADOPTED IN THIS STATE;
CLARIFY RECOMMENDATIONS FOR CORRECTING MISTAKES IN BIRTH AND DEATH CERTIFICATES;
CLARIFY THE PROCESS OF AMENDING THE BIRTH CERTIFICATE OF A CHILD WHOSE PARENTS
MARRY AFTER THE CHILD'S BIRTH; GROUP ALL PENALTIES WITHIN ONE CODE SECTION;
PROVIDE A PROCESS OF FILING OR AMENDING A BIRTH CERTIFICATE WHERE PATERNITY HAS
BEEN DETERMINED PURSUANT TO AN ORDER OF THE FAMILY COURT; PROVIDE A PROCESS FOR
ENTERING THE FATHER'S NAME ON A BIRTH CERTIFICATE BASED UPON PATERNITY
ACKNOWLEDGMENT BY THE MOTHER AND PERSON TO BE NAMED AS THE FATHER; CLARIFY THE
PROVISION FOR ESTABLISHING A DELAYED BIRTH CERTIFICATE AT A COUNTY HEALTH
DEPARTMENT FOR A PERSON BORN PRIOR TO 1915; AND DELETE PROVISIONS WHICH TRANSFER
RECORDS FROM THE CLERKS OF COURT TO THE COUNTY HEALTH DEPARTMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
Vital statistics
SECTION 1. Chapter 63 of Title 44 of the 1976 Code is amended to read:
"CHAPTER 63
Vital Statistics
Section 44-63-10. The Department of Health and Environmental Control shall
prepare the necessary methods and forms for obtaining vital statistics.
Section 44-63-20. The Department of Health and Environmental Control shall
establish a bureau of vital statistics and provide an adequate system for the
registration and certification of births, deaths, marriages, and divorces by
formulating, promulgating, and enforcing regulations prescribing the method and
form of making the registration and certification
Section 44-63-30. The Commissioner of Health and Environmental Control is the
state registrar of vital statistics and shall carry into effect the regulations
and orders of the department. The department shall provide suitable apartments
properly equipped with fireproof vaults and filing cases for the permanent
preservation of all official records.
Section 44-63-40. The state registrar shall appoint the chief administrative
officer of each county health department as the county registrar. All persons in
the county required by law to file reports of birth, death, and fetal death shall
forward these reports to the county registrar. The county registrar may appoint
a deputy registrar who is vested with the right to carry on the duties of the
office. The county registrar and deputy registrar shall carry out the duties
formerly carried out by local registrars without additional compensation. The
county registrar shall appoint a subregistrar for each hospital, nursing home,
and other institution as required within the county whose duty it is to issue
Burial-Removal-Transit Permits for deaths occurring at the hospitals, nursing
homes, and other institutions. The county registrar shall require the coroner of
the county to issue Burial-Removal-Transit Permits for deaths occurring outside
hospitals, nursing homes, or other institutions.
Section 44-63-50. (Vacant)
Section 44-63-60. The state registrar shall, upon application by those entitled
pursuant to Sections 44-63-80, 44-63-81, 44-63-82 or 44-63-83, furnish a
certificate under the seal of the department showing data from the records of
births, deaths, marriages, and divorces registered with the department or a
certified copy under seal of such records. Federal, state, local, and other
public or private agencies may be furnished copies or data for statistical,
health, or legal purposes upon such terms or conditions as may be prescribed by
the state registrar.
Section 44-63-70. The state registrar shall prescribe the proper forms for the
certification and recording of all vital statistics in this State and shall
furnish copies of these forms to all county registrars and appropriate agencies
in the State having the responsibility for the registration, reporting, and
certification of vital statistics, data, and information.
Section 44-63-80. Except as otherwise provided, certified copies of the
original birth certificate or any new or amendatory certificate, exclusive of
that portion containing confidential information, must be issued only by the
state registrar and only to the registrant, if of legal age, his parent or
guardian, or other legal representative. However, the certified copy of the birth
certificate may not disclose the name of the father in any illegitimate birth
unless the name of the father is entered on the certificate pursuant to Section
44-63-162 or Section 44-63-163. The short form certificate or birth card may be
furnished only to the registrant, his parent or guardian, or other legal
representative by the state or county registrar.
When one hundred years have elapsed after the date of birth, these records must
be made available in photographic or other suitable format for public viewing.
Section 44-63-82. To protect the integrity of vital records and to prevent the
fraudulent use of birth certificates of deceased persons, the state registrar is
authorized to match birth and death certificates and to post the fact of death
to the appropriate birth certificate. Copies issued from birth certificates
marked deceased must be similarly marked. In addition to those entitled to
receive certified copies of birth certificates pursuant to Section 44-63-80,
certified copies of birth certificates marked deceased may be issued to a member
of the registrant's immediate family under such terms and conditions as may be
prescribed by the state registrar.
Section 44-63-84. Copies of death certificates may be issued to members of the
deceased's family or their respective legal representatives. Others who
demonstrate a direct and tangible interest may be issued copies when information
is needed for the determination of a personal or property right. Other applicants
may be provided with a statement that the death occurred, the date, and county
of death. However, when fifty years have elapsed after the date of death, these
records become public records and any person may obtain copies upon submission
of an application containing sufficient information to locate the record. For
each copy issued or search of the files made, the state registrar shall collect
the same fee as is charged for the issuance of certified copies or a search of
the files for other records in his possession.
When fifty years have elapsed after the date of death, these records must be
made available in photographic or other suitable format for public viewing.
Section 44-63-86. Copies of marriage certificates and reports of divorce
registered with the Department of Health and Environmental Control may be issued
to the parties married or divorced, their adult children, a present or former
spouse of either party married or divorced, or their respective legal
representative. Other applicants may be provided with a statement that the
marriage or divorce occurred, the date, and county of the event.
Section 44-63-90. When the birth of a person born in the State has not been
registered, a certificate may be filed subject to these regulations prescribed
by the state registrar of vital statistics. However, when it appears that an
applicant for a certificate of birth cannot produce minimum prescribed
documentation, satisfactory as to validity, to the state registrar, the applicant
may be denied a certificate of birth and advised as to the reason for the denial.
No delayed birth certificate may be registered for a deceased person.
Section 44-63-100. A petition may be filed in the family court of petitioner's
residence for an order establishing a record of the date of birth, place of
birth, and parentage of the person whose birth is sought to be registered by way
of a delayed birth certificate.
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.
The court shall fix the time and place of a 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.
The court shall determine the place of birth, date of birth, parentage, and
those other findings as considered necessary, and shall issue its order which
must include all data prescribed by the state registrar to establish a record of
birth which must be recorded and constitutes the record of birth. This order must
include the birth date to be registered and a description of the evidence
presented. The order must be forwarded by the clerk of the family court to the
state registrar no later than the tenth day of the calendar month following the
month in which it was entered by the court.
Section 44-63-110. For making, furnishing, or certifying any card, certificate,
or certified copy of the record, for filing a record amendment according to the
provisions of Section 44-63-60, 44-63-80, 44-63-go or 44-63-100, or for searching
the record, when no card, certificate, or certified copy is made, a fee in an
amount as determined by the Board of Health and Environmental Control must be
paid by the applicant. The amount of the fee established by the board may not
exceed the cost of the services performed and to the extent possible must be
charged on a uniform basis throughout the State. When verification of the facts
contained in these records is needed for Veterans' Administration purposes in
connection with a claim, it must be furnished without charge to the South
Carolina Department of Veterans' Affairs or to a county veterans' affairs officer
upon request and upon the furnishing of satisfactory evidence that the request
is for the purpose authorized in this chapter.
Section 44-63-120. The state registrar shall remit all fees received by him
under the provisions of this chapter to the State Treasurer each month.
Section 44-63-130. (Vacant)
Section 44-63-140. Upon receipt of a certified Certificate of Adoption pursuant
to Section 20-7-1790:
(1) 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 real parents, except that an adoption of an adult must
display the words 'By Adoption' on the face of the amended certificate.
The state registrar shall furnish a copy of the amended certificate to the
county registrar who shall file the amended certificate in lieu of the copy of
the original birth certificate. The state registrar shall require the county
registrar to return the copy of the original certificate recorded at the county
office to the state office to be placed in the special sealed file. Periodically,
the state registrar shall transmit copies of amendatory certificates to the
county registrar in the county of birth.
(2) When adoption is decreed by a family court in this State of a person born
in a foreign country who was not a United States citizen at birth and evidence
of the date and place of birth submitted to the court and the court order setting
forth the date and place of birth are attached to the Certificate of Adoption,
the state registrar, when directed by the court order, shall prepare a
'Certificate of Foreign Birth'. The certificate, and any issued copy of the
certificate, must be labeled 'Certificate of Foreign Birth' and must show the
actual country of birth. A statement also must be included on the certificate,
and any issued copy of the certificate, that it is not evidence of United States
citizenship for the person for whom it is issued.
(3) If the person was born in a foreign country and was a United States citizen
at the time of birth, the state registrar may not prepare a 'Certificate of
Foreign Birth' but shall notify the adoptive parents of the procedure for
obtaining a revised birth certificate for their child through the United States
Department of State.
(4) For a person born in another state in the United States, the state
registrar shall transmit the certified Certificate of Adoption to the state
registrar in the state of birth.
Section 44-63-150. Correction of mistakes in birth and death certificates may be
made by the state registrar upon written application duly verified and sworn to
by the appropriate person as required by regulation and upon receipt of
supporting evidence when required by regulation. Certificates corrected more than
one year after the event must be marked 'amended'. The state registrar shall
certify the corrected certificate is the true certificate. Supporting affidavits
of fact must be attached to the certificate corrected more than one year after
the date of the event.
Section 44-63-160. To amend a birth record of a child legitimized under the
provisions of Section 20-l-60 or 20-1-70, the Bureau of Vital Statistics shall
require an affidavit of both parents and a certified copy of the parents'
marriage record. However, if either the mother or the reputed father 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 a determination of paternity
is made by the family court. The original birth certificate and documents
authorizing the amendment must be placed in a sealed file not to be subJect to
inspection except upon order of the family court.
Section 44-63-161. It is unlawful for:
(1) anyone other than the Department of Health and Environmental Control and
county health departments to issue copies or certified copies of birth and death
certificates or any document purporting to be a birth or death certificate;
(2) any person to wilfully make a false statement in a certificate, record, or
report required to be filed by law or in an application for an amendment to it
or in an application for a certified copy of a vital record, or to wilfully
supply false information intending that the information be used in the
preparation of any report, record, or certificate, or amendment to it;
(3) any person without lawful authority and with the intent to deceive, make,
counterfeit, alter, amend, or mutilate any certificate, record, or report
required to be filed by law or a certified copy of such certificate, record, or
report;
(4) any person to wilfully and knowingly obtain, possess, use, sell, furnish,
or attempt to obtain, possess, use, sell, or furnish to another, for any purpose
of deception, any certificate, record, report, or certified copy thereof so made,
counterfeited, altered, amended, or mutilated;
(5) any person to violate any regulation or order of the department relative
to recording, reporting, or filing information for the Bureau of Vital
Statistics;
(6) any person to wilfully neglect or refuse to perform any necessary or
reasonable duties imposed upon him by any regulation or order of the department
relative to recording, reporting, or filing information for the Bureau of Vital
Statistics.
Any person who violates the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be punished by a fine of not more than
five thousand dollars or imprisoned for not more than two years, or both.
Section 44-63-163. A certificate must be prepared for a child born in this
State to reflect the name of the father determined by the court upon receipt of
a certified copy of a court determination of paternity pursuant to Section
20-7-952. If the surname of the child is not decreed by the court, the request
for the certificate must specify the surname to be placed on the certificate.
When an amended certificate is prepared, the original certificate and certified
copy of the court order must be placed in a sealed file not to be subject to
inspection except by order of the family court.
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 a determination of
paternity is made by the family court pursuant to Section 20-7-952. A paternity
acknowledgment is not subject to inspection except upon order of the family
court.
Section 44-63-170. (Vacant)
Section 44-63-180. Any individual born in this State prior to 1915 who has no
official record of his birth may register a delayed birth certificate under the
direction of the state registrar with the county health department in the county
in which he was born. Nothing in this chapter makes the registration compulsory;
however, a delayed birth certificate may not be registered for a deceased person
as provided by Section 44-63-90.
Section 44-63-200. (Vacant)"
Time effective
SECTION 2. This act takes effect upon approval by the Governor. |