H 3790 Session 112 (1997-1998)
H 3790 General Bill, By Bauer, Allison, Altman, Barfield, Barrett, Battle,
Bowers, A.W. Byrd, Canty, Cato, Davenport, Fleming, Gamble, Govan, Harrison,
Hawkins, J. Hines, Inabinett, Knotts, Koon, Lanford, Leach, Limehouse, Lloyd,
Mason, J.D. McMaster, Meacham, Miller, Moody-Lawrence, V.T. Mullen, J.H. Neal,
Pinckney, Riser, Robinson, Rodgers, Sandifer, Seithel, Simrill, J. Smith, Tripp,
W.J. Young and Young-Brickell
Similar(S 456)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN
ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF
ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE
COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE COURT
ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF SOCIAL SERVICES TO
PREPARE AND MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES FOR OBTAINING THE
DOMESTICATION OF A FOREIGN ADOPTION.
04/01/97 House Introduced and read first time HJ-84
04/01/97 House Referred to Committee on Judiciary HJ-84
05/22/97 House Tabled in committee Judiciary
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE
THAT IN THE CASE OF DOMESTICATING THE FOREIGN
ADOPTION OF A FOREIGN CHILD, THE COURT SHALL
TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE
REGISTRAR WITHOUT THE NECESSITY OF A HEARING
UNLESS THE COURT FINDS THE REQUIRED
DOCUMENTATION UNSATISFACTORY; AND TO REQUIRE
COURT ADMINISTRATION IN CONSULTATION WITH THE
DEPARTMENT OF SOCIAL SERVICES TO PREPARE AND
MAKE AVAILABLE ADOPTION FORMS AND GUIDELINES
FOR OBTAINING THE DOMESTICATION OF A FOREIGN
ADOPTION.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1795. (A) Notwithstanding the provisions of
Section 20-7-1790 (A) and (B), in the case of a child born in a
foreign country who was not a United States citizen at birth and
whose adoption was finalized in a foreign country, the court shall
transmit the certificate of adoption to the State Registrar of Vital
Statistics without the necessity of a hearing unless the court finds the
documentation submitted pursuant to subsection (B) is unsatisfactory
and such finding is stated in the order resulting from the hearing.
(B) Documentation required to be submitted to the court includes,
but is not limited to:
(1) a verified petition seeking domestication of the foreign
adoption;
(2) a post-foreign adoption home study evaluating the
adjustment and progress of the child and family since adoption;
(3) naturalization papers, if available;
(4) other documentation as the court may request as stated in
materials developed pursuant to subsection (C).
(C) Court Administration in consultation with the Department of
Social Services shall develop petition forms, including
documentation required to be filed with the petition, and guidelines
for obtaining the domestication of a foreign adoption. These forms
and guidelines must be available to the public upon request at all
county clerks of court offices and at Department of Social Services
county offices and regional adoption offices."
SECTION 2. This act takes effect upon approval by the Governor.
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