S*0456(Rat #0129, Act #0069 of 1997)  General Bill, By Wilson and Giese

Similar(H 3790)
 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, TO PROVIDE FOR THE
 REQUIRED DOCUMENTATION, TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH
 THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE AND MAKE
 AVAILABLE PETITION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A
 FOREIGN ADOPTION, AND TO REQUIRE THE STATE REGISTRAR TO ISSUE AN AMENDED
 CERTIFICATE OF BIRTH PURSUANT TO THE ORDER; AND TO AMEND SECTION 44-63-140, AS
 AMENDED, RELATING TO SUPPLEMENTARY AND AMENDED BIRTH CERTIFICATES, SO AS TO
 PROVIDE THE FORM AND MANNER IN WHICH A CERTIFICATE OF FOREIGN BIRTH MUST BE
 ISSUED FOLLOWING AN ORDER PURSUANT TO SECTION 20-7-1795.-AMENDED TITLE

   03/04/97  Senate Introduced and read first time SJ-8
   03/04/97  Senate Referred to Committee on Judiciary SJ-8
   04/16/97  Senate Committee report: Favorable Judiciary SJ-10
   04/17/97  Senate Read second time SJ-17
   04/17/97  Senate Unanimous consent for third reading on next
                     legislative day SJ-17
   04/18/97  Senate Read third time and sent to House SJ-2
   04/23/97  House  Introduced and read first time HJ-9
   04/23/97  House  Referred to Committee on Judiciary HJ-9
   05/14/97  House  Committee report: Favorable with amendment
                     Judiciary HJ-10
   05/20/97  House  Amended HJ-46
   05/20/97  House  Read second time HJ-48
   05/21/97  House  Read third time and returned to Senate with
                     amendments HJ-22
   05/22/97  Senate Concurred in House amendment and enrolled SJ-23
   06/04/97         Ratified R 129
   06/10/97         Signed By Governor
   06/10/97         Effective date 06/10/97
   06/24/97         Copies available
   06/24/97         Act No. 69

AN ACT 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, TO PROVIDE FOR THE REQUIRED DOCUMENTATION, TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE AND MAKE AVAILABLE PETITION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION, AND TO REQUIRE THE STATE REGISTRAR TO ISSUE AN AMENDED CERTIFICATE OF BIRTH PURSUANT TO THE ORDER; AND TO AMEND SECTION 44-63-140, AS AMENDED, RELATING TO SUPPLEMENTARY AND AMENDED BIRTH CERTIFICATES, SO AS TO PROVIDE THE FORM AND MANNER IN WHICH A CERTIFICATE OF FOREIGN BIRTH MUST BE ISSUED FOLLOWING AN ORDER PURSUANT TO SECTION 20-7-1795.

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

Recognition and domestication of a foreign adoption; documentation; petition; and guidelines

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 review the documentation as required by this section and, if it finds the documentation to be satisfactory, shall issue an order stating that the documentation required by this section has been submitted and is satisfactory and that the foreign adoption must be recognized and domesticated in South Carolina. The court shall transmit the order and 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 completed by a person certified pursuant to Section 20-7-1750 which evaluates 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 Health and Environmental Control 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 Health and Environmental Control offices.

(D) The state registrar, upon receipt of the order and certificate of adoption shall take action as provided in Section 44-63-140 with respect to the issuance and filing of an amended certificate of birth."

Issuance of certificate of foreign birth

SECTION 2. Section 44-63-140 of the 1976 Code, as last amended by Act 341 of 1988, is further amended by adding at the end:

"(5) When adoption is decreed in a foreign country of a person born in that country and the procedures set forth in Section 20-7-1795 are followed, upon receipt of the court order with its findings and the certificate of adoption, the state registrar 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 state 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."

Time effective

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

Approved the 10th day of June, 1997.