S*341 Session 107 (1987-1988)
S*0341(Rat #0124, Act #0087 of 1987) General Bill, By Giese, Bryan and Thomas
A Bill to amend Section 20-7-1790, as amended, Code of Laws of South Carolina,
1976, relating to the issuance and filing of amended birth certificates, so as
to provide a procedure in adoptions for the family court to determine the date
and place of birth when the adoptee is not born in the United States and not a
citizen of the United States at birth and to amend Section 44-63-140, relating
to supplementary or amended birth certificates for adoptees, so as to revise
the procedure for issuing the certificates.
02/03/87 Senate Introduced and read first time SJ-398
02/03/87 Senate Referred to Committee on Medical Affairs SJ-399
03/26/87 Senate Committee report: Favorable Medical Affairs SJ-1059
03/31/87 Senate Read second time SJ-1090
03/31/87 Senate Unanimous consent for third reading on next
legislative day SJ-1090
04/01/87 Senate Read third time and sent to House SJ-1117
04/02/87 House Introduced and read first time HJ-1575
04/02/87 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-1575
04/29/87 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-2211
05/05/87 House Read second time HJ-2417
05/06/87 House Read third time and enrolled HJ-2468
05/12/87 Ratified R 124
05/13/87 Signed By Governor
05/13/87 Effective date 07/01/87
05/13/87 Act No. 87
05/21/87 Copies available
(A87, R124, S341)
AN ACT TO AMEND SECTION 20-7-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO THE ISSUANCE AND FILING OF AMENDED BIRTH CERTIFICATES, SO AS
TO PROVIDE A PROCEDURE IN ADOPTIONS FOR THE FAMILY COURT TO DETERMINE THE DATE
AND PLACE OF BIRTH WHEN THE ADOPTEE IS NOT BORN IN THE UNITED STATES AND NOT A
CITIZEN OF THE UNITED STATES AT BIRTH AND TO AMEND SECTION 44-63-140, RELATING
TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTEES, SO AS TO REVISE THE
PROCEDURE FOR ISSUING THE CERTIFICATES.
Be it enacted by the General Assembly of the State of South Carolina:
Adoption of a person born in a foreign country
SECTION 1. Section 20-7-1790(C) and (E) of the 1976 Code, as last amended by
Act 464 of 1986, respectively are further amended to read:
"(C) In the case of a person who was born in a foreign country and who
was not a United States citizen at birth, the court shall require evidence from
sources determined to be reliable by the court as to the date and place of birth
of the person and shall set forth in the order of the court the date and place
of birth as established by the evidence. The court order and evidence submitted
to the court must be attached to the Certificate of Adoption and transmitted to
the State Registrar.
(E) The State Registrar, upon receipt of a certified Certificate of Adoption,
shall take action as provided by Section 44-63-140 with respect to the issuance
and filing of an amended certificate."
Issuance of supplementary or amended birth certificates
SECTION 2. Section 44-63-140 of the 1976 Code is amended to read:
"Section 44-63-140. Upon receipt of a certified Certificate of Adoption
pursuant to Section 20-7-1790:
(1) For a person born in this State, the State Registrar shall prepare a
supplementary Certificate of Birth in the name of the adoptee, free of any
reference to or indication of the fact that the child was adopted and showing the
adoptive parents as the real parents, except that an adoption of an adult must
display the words 'By Adoption' on the face of the amended certificate.
The State Registrar shall furnish a copy of the amended certificate to the
county registrar who shall file the amended certificate in lieu of the copy of
the original birth certificate. The State Registrar shall require the county
registrar to return the copy of the original certificate recorded at the county
office to the state office to be placed in the special sealed file.
Periodically, the State Registrar shall transmit copies of amendatory
certificates to the county registrar in the county of birth.
(2) When adoption is decreed by a family court in this State of a person born
in a foreign country who was not a United States citizen at birth and evidence
of the date and place of birth submitted to the court and the court order setting
forth the date and place of birth are attached to the Certificate of Adoption,
the State Registrar, when directed by the court order, shall prepare a
'Certificate of Foreign Birth'. The certificate, and any issued copy of the
certificate, must be labeled 'Certificate of Foreign Birth' and must show the
actual country of birth. A statement also must be included on the certificate,
and any issued copy of the certificate, that it is not evidence of United States
citizenship for the person for whom it is issued.
?(3) If the person was born in a foreign country and was a United States citizen
at the time of birth, the State Registrar may not prepare a 'Certificate of
Foreign Birth' but shall notify the adoptive parents of the procedure for
obtaining a revised birth certificate for their child through the United States
Department of State.
(4) For a person born in another state in the United States, the State
Registrar shall transmit the certified Certificate of Adoption to the State
Registrar in the state of birth."
Time effective
SECTION 3. This act takes effect July 1, 1987. |