S*0001(Rat #0242, Act #0157 of 1985)  General Bill, By T.E. Smith
 A Bill to amend Section 20-7-1780, Code of Laws of South Carolina, 1976,
 relating to release of information by adoption agencies, so as to authorize
 adoption agencies to release the identity of adopted persons and biological
 parents of adopted persons under certain conditions; and to amend Section
 20-7-2340, relating to the acceptance and use of gifts and donations by the
 Children's Bureau, so as to allow the Bureau to accept fees and to require the
 Bureau to use fees for purposes specified by donors or explained by a schedule
 of fees.

   11/19/84  Senate Prefiled
   11/19/84  Senate Referred to Committee on Judiciary
   01/09/85  Senate Introduced and read first time SJ-67
   01/09/85  Senate Referred to Committee on Judiciary SJ-68
   01/30/85  Senate Committee report: Favorable Judiciary SJ-275
   03/14/85  Senate Read second time SJ-883
   03/14/85  Senate Ordered to third reading with notice of
                     amendments SJ-883
   04/17/85  Senate Amended SJ-1549
   04/17/85  Senate Read third time and sent to House SJ-1549
   04/23/85  House  Introduced and read first time HJ-2617
   04/23/85  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-2617
   05/23/85  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs
                     HJ-3451
   05/28/85  House  Debate adjourned HJ-3549
   05/29/85  House  Debate adjourned until Thursday, May 30, 1985 HJ-3614
   05/30/85  House  Debate adjourned HJ-3646
   06/03/85  House  Amended HJ-3771
   06/03/85  House  Read second time HJ-3771
   06/03/85  House  Unanimous consent for third reading on next
                     legislative day HJ-3771
   06/04/85  House   Read third time HJ-3814
   06/04/85  House  Returned HJ-3814
   06/05/85  Senate Concurred in House amendment and enrolled SJ-2813
   06/18/85         Ratified R 242
   06/21/85         Signed By Governor
   06/21/85         Effective date 06/21/85
   06/21/85         Act No. 157
   07/10/85         Copies available

AN ACT TO AMEND SECTION 20-7-1780, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO RELEASE OF INFORMATION BY ADOPTION AGENCIES, SO AS TO AUTHORIZE ADOPTION AGENCIES TO RELEASE THE IDENTITY OF ADOPTED PERSONS AND BIOLOGICAL PARENTS OF ADOPTED PERSONS UNDER CERTAIN CONDITIONS; AND TO AMEND SECTION 20-7-2340, RELATING TO THE ACCEPTANCE AND USE OF GIFTS AND DONATIONS BY THE CHILDREN'S BUREAU, SO AS TO ALLOW THE BUREAU TO ACCEPT FEES AND TO REQUIRE THE BUREAU TO USE FEES FOR PURPOSES SPECIFIED BY DONORS OR EXPLAINED BY A SCHEDULE OF FEES.

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

Identity of biological parents

SECTION 1. Section 20-7-1780 of the 1976 Code, added by Act 71 of 1981, is amended by adding:

"(e) The public adoption agencies responsible for the placement shall furnish to an adoptee the identity of the adoptee's biological parents or to a biological parent the identity of the adoptee or of the adoptee's siblings under the following conditions:

(1) The adoptee must be twenty-one years of age or older and shall apply in writing to the public adoption agency concerned for such information.

(2) The adoption agency shall have an up-to-date file containing affidavits from the adoptee and any living biological parent or the adoptee's living siblings that they are willing to have their identities revealed to their parent or child or sibling. The affidavit shall also 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 any changes in his status so that the agency will have an up-to-date file.

(3) The adoption agency shall establish and maintain a confidential register containing the names of those adoptees, biological parents, or adoptee's siblings who have filed an affidavit. It is the inquirer's responsibility to provide the agency with his current name and address while on the register.

(4) The living biological parent and the adoptee shall each undergo counseling by the adoption agency concerning the effects of the disclosure. The adoption agency may charge a fee for the services but services may not be denied because of inability to pay.

(5) The adoptive parents upon failure to object in writing within thirty days after receipt of confidential written notification from the agency of the pending application.

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

The adoption agency concerned 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."

Use of gifts

SECTION 2. Section 20-7-2340 of the 1976 Code, added by Act 71 of 1981, is amended to read:

"Section 20-7-2340. The Bureau may accept and hold gifts, fees, donations, or contributions and may receive devises and bequests and such acquisitions must be used for the purposes specified by the donors or explained by a schedule of fees."

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.