H 3100 General Bill, By J.S. Shissias, Allison, J.L.M. Cromer, L.L. Elliott, 
Gamble, Kelley, Kirsh, Meacham, Phillips, Richardson, Simrill, Spearman, Stuart, 
C.C. Wells and Whipper
 A Bill to amend Section 44-63-165, Code of Laws of South Carolina, 1976,
 relating to amendments to birth certificates after an acknowledgement of
 paternity, so as to require the acknowledgement to be released to the
 Department of Social Services for the purpose of establishing paternity and a
 child support order and to further provide that these acknowledgments must be
 provided to the Department without charge.

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-37
   01/10/95  House  Referred to Committee on Judiciary HJ-37

A BILL

TO AMEND SECTION 44-63-165, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO AMENDMENTS TO BIRTH CERTIFICATES AFTER AN ACKNOWLEDGMENT OF PATERNITY, SO AS TO REQUIRE THE ACKNOWLEDGMENT TO BE RELEASED TO THE DEPARTMENT OF SOCIAL SERVICES FOR THE PURPOSE OF ESTABLISHING PATERNITY AND A CHILD SUPPORT ORDER AND TO FURTHER PROVIDE THAT THESE ACKNOWLEDGMENTS MUST BE PROVIDED TO THE DEPARTMENT WITHOUT CHARGE.

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

SECTION 1. Section 44-63-165 of the 1976 Code, as added by Act 341 of 1988, is 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 pursuant to Section 20-7-952. A paternity acknowledgment must be provided to the Department of Social Services 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. This act takes effect upon approval by the Governor.