H 4810 General Bill, By J.G. Felder
 A BILL TO AMEND SECTION 44-63-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO PREPARING BIRTH CERTIFICATES OF ILLEGITIMATE CHILDREN WHEN A
 FATHER ACKNOWLEDGES PATERNITY, SO AS TO PROVIDE THAT IF EITHER SIGNATORY TO
 THE ACKNOWLEDGMENT RESCINDS WITHIN SIXTY DAYS, A NEW CERTIFICATE MAY ONLY BE
 PREPARED WHEN A COURT OR AN AUTHORIZED ADMINISTRATIVE AGENCY DETERMINES
 PATERNITY.

   03/17/98  House  Introduced and read first time HJ-5
   03/17/98  House  Referred to Committee on Judiciary HJ-5
   04/15/98  House  Committee report: Favorable with amendment
                     Judiciary HJ-9
   04/16/98  House  Amended HJ-44
   04/16/98  House  Read second time HJ-46
   04/16/98  House  Unanimous consent for third reading on next
                     legislative day HJ-46
   04/17/98  House  Read third time and sent to Senate HJ-5
   04/21/98  Senate Introduced and read first time
   04/21/98  Senate Referred to Committee on Medical Affairs
   05/27/98  Senate Committee report: Favorable Medical Affairs SJ-21
   05/28/98  Senate Read second time SJ-49
   05/28/98  Senate Ordered to third reading with notice of
                     amendments SJ-49

COMMITTEE REPORT

May 27, 1998

H. 4810

S. Printed 5/27/98--S.

Read the first time April 21, 1998.

To whom was referred a Bill (H. 4810), to amend Section 44-63-165, as amended, Code of Laws of South Carolina, 1976, relating to preparing birth certificates, etc., respectfully

That they have duly and carefully considered the same, and recommend that the same do pass:

THOMAS L. MOORE, for Committee.

A BILL

TO AMEND SECTION 44-63-165, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PREPARING BIRTH CERTIFICATES OF ILLEGITIMATE CHILDREN WHEN A FATHER ACKNOWLEDGES PATERNITY, SO AS TO PROVIDE THAT IF EITHER SIGNATORY TO THE ACKNOWLEDGMENT RESCINDS WITHIN SIXTY DAYS, A NEW CERTIFICATE MAY ONLY BE PREPARED WHEN A COURT OR AN AUTHORIZED ADMINISTRATIVE AGENCY DETERMINES PATERNITY.

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

SECTION 1. Section 44-63-165 of the 1976 Code, as last amended by Act 102 of 1995, is further 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 a determination of paternity is made by the Family Court a court of competent jurisdiction pursuant to Section 20-7-952. If either signatory or both signatories of a voluntary paternity acknowledgment rescinds within sixty days, a new certificate may be prepared only when a determination of paternity is made by a court of competent jurisdiction or an administrative agency pursuant to Sections 20-7-952 and 20-7-9505. A rescission made after sixty days must be made in accordance with Section 20-7-958(B). 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."

SECTION 2. Section 20-7-956(A)(4) of the 1976 Code, as last amended by Act 71 of 1997, is further amended to read:

"(4) A verified voluntary acknowledgment of paternity. This acknowledgment creates a rebuttable presumption of the putative father's paternity except that a verified voluntary acknowledgment of paternity executed after January 1, 1998, creates a conclusive rebuttable presumption of the putative father's paternity subject to the provisions of Section 20-7-958. The person acknowledging paternity must be given the opportunity to seek legal advice prior to signing a verified voluntary acknowledgment. A verified voluntary acknowledgment must be made by a sworn document, signed by the person acknowledging paternity and witnessed by (1) that person's attorney, parent, or guardian or (2) a person eighteen years of age or older who is not related to the child and not employed or acting under the authority of the Department of Social Services. The witness must attach to the acknowledgment a written certification which specifies that prior to signing the acknowledgment, the provisions of the acknowledgment were discussed with the person acknowledging paternity and that, based upon this discussion, it is the witness' opinion that the acknowledgment is being given voluntarily and that it is not being obtained under duress or through coercion. Any form used to obtain an acknowledgment of paternity shall contain or be accompanied by a plain language explanation, meeting the minimum standards for readability, of the legal consequences of signing such an acknowledgment and the effect of rescission as set forth in Sections 44-63-165, 20-7-956, and 20-7-958."

SECTION 3. This act takes effect upon approval by the Governor.