H 4803 General Bill, By J.S. Shissias, Cobb-Hunter, J.L.M. Cromer, Govan, 
H.G. Hutson, Inabinett, J.G. Mattos, J.T. McElveen, J.H. Neal, C.C. Wells and 
S.S. Wofford
 A Bill to amend Section 20-7-956, Code of Laws of South Carolina, 1976,
 relating to admissible evidence at a paternity hearing, so as to include
 voluntary acknowledgments of paternity, foreign paternity determinations,
 paternity indicated on birth certificates, and to create certain presumptions
 and rebuttable presumptions with regard to this evidence of paternity.

   02/23/94  House  Introduced and read first time HJ-13
   02/23/94  House  Referred to Committee on Judiciary HJ-14

A BILL

TO AMEND SECTION 20-7-956, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMISSIBLE EVIDENCE AT A PATERNITY HEARING, SO AS TO INCLUDE VOLUNTARY ACKNOWLEDGMENTS OF PATERNITY, FOREIGN PATERNITY DETERMINATIONS, PATERNITY INDICATED ON BIRTH CERTIFICATES, AND TO CREATE CERTAIN PRESUMPTIONS AND REBUTTABLE PRESUMPTIONS WITH REGARD TO THIS EVIDENCE OF PATERNITY.

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

SECTION 1. Section 20-7-956 of the 1976 Code is amended to read:

"Section 20-7-956. (A) 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, properly verified to show the chain of custody of blood samples. This evidence, if properly verified to show the chain of custody of blood specimens, shall must be introduced and admitted without the presence of supporting witnesses foundation testimony or other proof of authenticity or accuracy unless a challenge has been asserted by motion at least twenty days prior to before 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 A statistical probability of paternity of ninety-five percent or higher creates a presumption of the putative father's paternity.

(4) A verified voluntary acknowledgement of paternity. This acknowledg ment creates a rebuttable presumption of the putative father's paternity.

(5) A foreign paternity determination whether established through administrative or judicial process. This determination creates a conclusive presumption of paternity.

(6) A birth certificate containing the signature of the mother and the putative father. This evidence creates a rebuttable presumption of paternity.

(4)7) 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)(8) The testimony of a husband and wife as to any relevant matter, including marriage and parentage.

(6)(9) Any other relevant and competent evidence deemed admissible in the discretion of the court.

(B) 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.

(C) 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 2. This act takes effect upon approval by the Governor.