H*2468 Session 105 (1983-1984)
H*2468(Rat #0336, Act #0307 of 1984) General Bill, By P. Evatt, D.M. Beasley and
Wilkins
Similar(S 208)
A Bill to amend Chapter 7 of Title 20, Code of Laws of South Carolina, 1976,
relating to care and support in domestic relations matters (the South Carolina
Children's Code), by adding Subarticle 4 to Article 9, so as to provide a
procedure to aid in the determination of the paternity of an individual; to
amend the 1976 Code by renumbering Section 20-7-940 as Section 20-7-932 and
Section 20-7-950 as Section 20-7-934 and by renumbering these Sections in the
same manner any other place these Sections are referenced in the Code; and to
amend Section 20-7-420, as amended, relating to the exclusive jurisdiction of
the family court in domestic matters, so as to provide that the family court
shall have exclusive jurisdiction to hear and determine actions regarding the
paternity of an individual and to provide where actions of this nature must be
brought.-amended title
02/09/83 House Introduced and read first time HJ-760
02/09/83 House Referred to Committee on Judiciary HJ-761
03/30/83 House Committee report: Favorable with amendment
Judiciary HJ-1732
04/05/83 House Amended HJ-1867
04/05/83 House Read second time HJ-1867
04/06/83 House Read third time and sent to Senate HJ-1904
04/06/83 Senate Introduced and read first time SJ-929
04/06/83 Senate Referred to Committee on Judiciary SJ-929
02/15/84 Senate Committee report: Favorable with amendment
Judiciary SJ-659
02/16/84 Senate Amended SJ-681
02/16/84 Senate Read second time SJ-682
03/01/84 Senate Read third time SJ-860
03/01/84 Senate Returned SJ-860
03/13/84 House Concurred in Senate amendment and enrolled HJ-1443
03/20/84 Ratified R 336
03/22/84 Signed By Governor
03/22/84 Effective date 03/22/84
03/22/84 Act No. 307
04/02/84 Copies available
(A307, R336, H2468)
AN ACT TO AMEND CHAPTER 7 OF TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO CARE AND SUPPORT IN DOMESTIC RELATIONS MATTERS (THE SOUTH CAROLINA
CHILDREN'S CODE), BY ADDING SUBARTICLE 4 TO ARTICLE 9, SO AS TO PROVIDE A
PROCEDURE TO AID IN THE DETERMINATION OF THE PATERNITY OF AN INDIVIDUAL; TO AMEND
THE 1976 CODE BY RENUMBERING SECTION 20-7-940 AS SECTION 20-7-932 AND SECTION
20-7-950 AS SECTION 20-7-934 AND BY RENUMBERING THESE SECTIONS IN THE SAME MANNER
ANY OTHER PLACE THESE SECTIONS ARE REFERENCED IN THE CODE; AND TO AMEND SECTION
20-7-420, AS AMENDED, RELATING TO THE EXCLUSIVE JURISDICTION OF THE FAMILY COURT
IN DOMESTIC MATTERS, SO AS TO PROVIDE THAT THE FAMILY COURT SHALL HAVE EXCLUSIVE
JURISDICTION TO HEAR AND DETERMINE ACTIONS REGARDING THE PATERNITY OF AN
INDIVIDUAL AND TO PROVIDE WHERE ACTIONS OF THIS NATURE MAY BE BROUGHT.
Be it enacted by the General Assembly of the State of South Carolina:
Determination of paternity
SECTION l. Chapter 7 of Title 20 of the 1976 Code is amended by adding
Subarticle 4 to Article 9 as follows:
"SUBARTICLE 4
Determination of Paternity
Section 20-7-952. A. The purpose of this subarticle is to establish a procedure
to aid in the determination of the paternity of an individual.
B. As used in this subarticle, 'child' includes, but is not limited to, a
person under the age of eighteen years.
C. An action to establish the paternity of an individual may be brought by
(1) A child;
(2) The natural mother of a child;
(3) Any person in whose care a child has been placed;
(4) An authorized agency, including, but not limited to, the Department of
Social Services, pursuant to the provisions of Chapter 5 of Title 43, and any
other person or agency pursuant to the provisions of Sections 20-7-435 and
20-7-840; or
(5) A person who claims to be the father of a child.
D. If an action is brought under this subarticle prior to the birth of a
child, all proceedings must be stayed until after the birth of the child except
the service of a summons and the taking of depositions or other discovery
procedures.
E. Whenever an action threatens to make a child illegitimate, the presumed
legal father and the putative natural father must be made parties respondents to
the action. A child under the age of eighteen years must be represented by a
guardian ad litem appointed by the court. Neither the mother nor the presumed
or putative father of the child may represent him as guardian ad litem.
Section 20-7-953. A. Any person who has sexual intercourse in this State
thereby submits to the jurisdiction of the courts of this State as to an action
brought under this subarticle with respect to a child who may have been conceived
by that act of intercourse. In addition to any other method provided by law,
personal jurisdiction may be acquired by service of process outside this State
in the manner authorized by the provisions of Section 36-2-806.
B. Unless the court orders otherwise, the custody of an illegitimate child is
solely in the natural mother unless the mother has relinquished her rights to the
child. If paternity has been acknowledged or adjudicated, the father may
petition the court for rights of visitation or custody in a proceeding before the
court apart from an action to establish paternity.
C. All actions commenced under this subarticle must be dealt with as separate
proceedings before the court without a jury. The general public is to be
excluded from these proceedings and only those persons whom the judge finds to
have a direct interest in the proceeding or in assisting the court in its work
are to be permitted to attend.
D. Any proceeding commenced under this subarticle is a civil action. The
natural mother of the child and the alleged father are competent to testify and
may be compelled by the court to appear and give testimony.
Section 20-7-954. As soon as practicable after an action has been commenced, the
court, upon its motion or that of any other interested party, may order the
natural mother, the putative father, and the child to submit to genetic tests
such as red blood cell antigen testing, human leukocyte antigen (HLA) testing,
electrophoresis, or other tests which have been developed for the purpose of
proving or disproving parentage and which are reasonably accessible. If the
court orders any of these tests, and if the action is commenced prior to the
birth of the child, the court shall also order that the tests be made as soon as
medically feasible after the birth of the child. The tests must be performed
under the supervision of a qualified expert. In all cases the court must
determine the number and the qualifications of experts, except that the parties
may submit for the court's approval a written stipulation regarding experts and
facilities to be used for testing. The costs of any tests not disposed of by
written stipulation must be paid by the parties as ordered by the court;
provided, that in any action initiated pursuant to Section 43-5-220 where the
court determines that the respondent is indigent, the court may order that these
costs shall be borne by the petitioner. When the State of South Carolina is the
petitioner and the respondent is indigent and the court orders the petitioner to
pay these costs, they shall be paid from amounts collected under the Child
Support Enforcement Program (Title IV D). Any order issued under this subarticle
is enforceable by contempt.
Section 20-7-955. A. The court must encourage settlements and voluntary
agreements and must examine and approve them whenever they are warranted. Upon
a finding of fairness the court may approve, without a hearing, settlements and
voluntary agreements which are reduced to writing, signed by the parties, and
properly verified. The agreement must be accompanied by financial declarations
and affidavits from the parties stating that they have read, or have had read to
them, and understand the agreement and that they have voluntarily executed the
agreement or consent order. The parties may submit themselves to the
jurisdiction of the court by a settlement or voluntary agreement without the
necessity of filing a written petition or service of process. A respondent's
affidavit must state that he is capable of fulfilling any financial requirements
of the agreement or consent order applicable to him. Upon the court's approval,
the settlement or voluntary agreement shall become an order of the court.
B. In actions commenced by the Department of Social Services or any other
authorized agency, any employee of such agency or of the Attorney General's
Office who is familiar with the action may make, on behalf of the petitioner, the
required affidavit accompanying a settlement, voluntary agreement, or consent
order. In cases where the child is the recipient of public assistance, the
affidavit must state:
(1) That the employee is familiar with the particular case involved.
(2) That he has reviewed the case.
(3) That he knows or believes that the Department of Social Services, in
furtherance of state and federal policies and regulations, has determined the
child involved to be destitute and in need of public assistance due in part to
inadequate support from the respondent.
(4) That the child is presently the recipient of some type of public
assistance in order to maintain a subsistent standard of living.
Section 20-7-956. The following evidence is admissible at a hearing to determine
paternity:
(1) Results of genetic tests as described in Section 20-7-954 from physicians,
agencies, hospitals, laboratories, or other qualified testing facilities. This
evidence, if properly verified to show the chain of custody of blood specimens,
shall be introduced without the presence of supporting witnesses unless a
challenge has been asserted by motion at least twenty days prior to the date of
trial. Any party to the action, absent stipulations to the contrary, may demand
the right to have additional testing conducted at the expense of the party who
demands the additional testing.
(2) The refusal of a party to submit to a genetic or other ordered test as to
the credibility of a party.
(3) Test results which show a statistical probability of paternity. These
test results must be weighed along with other evidence of the putative father's
paternity.
(4) An expert's opinion concerning the time of conception. This evidence is
admissible in the same manner as other expert testimony. The court may take
judicial notice of the normal period of gestation.
(5) The testimony of a husband and wife as to any relevant matter, including
marriage and parentage.
(6) Any other relevant and competent evidence deemed admissible in the
discretion of the court.
Upon the motion of any party to the action or upon its own motion, the court
may view a child for the purpose of examining the presence or the absence of
physical characteristics and similarities between the child and the putative
father.
If a male witness offers testimony indicating that his act of intercourse with
the natural mother may have resulted in the conception of the child, the court
may require the witness to submit to genetic or other tests to determine whether
he is the child's father. If the results of the tests exclude or tend to exclude
the witness as the father of the child, the witness's testimony must be stricken
from the record and disregarded.
Section 20-7-957. Upon a finding that the putative father is the natural father
of the child, the court must issue an order designating the putative father as
the natural father. The order may establish a duty of support and provide for
child support payments in amounts and at a frequency to be determined by the
court. The order may also provide for other relief which has been properly
prayed for in the pleadings and which is deemed reasonable and just by the court.
Upon a finding that the putative father is not the father of the child, the
court must issue an order which sets forth this finding."
Sections renumbered
SECTION 2. The 1976 Code is amended by renumbering Section 20-7-940 as Section
20-7-932 and renumbering Section 20-7-950 as Section 20-7-934 and by renumbering
these sections in the same manner wherever they may be otherwise referenced in
the Code.
Where action must be brought
SECTION 3. Item (7) of Section 20-7-420 of the 1976 Code, as last amended in Act
71 of 1981, is further amended to read:
"(7) To hear and determine actions to determine the paternity of an
individual. The action may be brought in the county in which the child or the
alleged father resides, or is found, or, if the father is deceased, in the county
in which proceedings for probate of his estate have been or could be
commenced."
Time effective
SECTION 4. This act shall take effect upon approval by the Governor. |