S*0342(Rat #0238, Act #0155 of 1985)  General Bill, By J.C. Hayes, 
W.E. Applegate, Bryan, Courson, H.U. Fielding, Giese, Land, W.R. Lee, J.M. Long, 
Matthews, T.H. Pope and T.E. Smith
 A Bill to amend Section 21-3-30, Code of Laws of South Carolina, 1976,
 relating to inheritance by or from illegitimates, so as to provide for
 conditions under which illegitimates may inherit from their fathers and when
 fathers may inherit from their illegitimate children.

   03/12/85  Senate Introduced and read first time SJ-810
   03/12/85  Senate Referred to Committee on Judiciary SJ-810
   03/20/85  Senate Committee report: Favorable Judiciary SJ-947
   03/21/85  Senate Read second time SJ-978
   03/21/85  Senate Ordered to third reading with notice of
                     amendments SJ-979
   04/17/85  Senate Amended SJ-1548
   04/17/85  Senate Read third time and sent to House SJ-1549
   04/23/85  House  Introduced and read first time HJ-2618
   04/23/85  House  Referred to Committee on Judiciary HJ-2619
   05/02/85  House  Recalled from Committee on Judiciary HJ-2905
   05/02/85  House  Amended HJ-2915
   05/02/85  House  Read second time HJ-2916
   05/03/85  House   Read third time HJ-2934
   05/03/85  House  Returned HJ-2934
   05/09/85  Senate House amendment amended SJ-2009
   05/09/85  Senate Returned SJ-2010
   06/04/85  House  Concurred in Senate amendment and enrolled HJ-3885
   06/18/85         Ratified R 238
   06/20/85         Signed By Governor
   06/20/85         Effective date 06/20/85
   06/20/85         Act No. 155
   07/10/85         Copies available

AN ACT TO AMEND SECTION 21-3-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INHERITANCE BY OR FROM ILLEGITIMATES, SO AS TO PROVIDE FOR CONDITIONS UNDER WHICH ILLEGITIMATES MAY INHERIT FROM THEIR FATHERS AND WHEN FATHERS MAY INHERIT FROM THEIR ILLEGITIMATE CHILDREN.

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

Inheritance by illegitimates

SECTION 1. Section 21-3-30 of the 1976 Code is amended to read:

"Section 21-3-30. Any illegitimate child or children whose mother dies intestate possessed of any real or personal property is, so far as this property is concerned, an heir or heirs at law as to the property, notwithstanding any law or usage to the contrary. Whenever any illegitimate child dies in this State leaving property, real or personal, the mother of the child shall have the same right to inherit from the child as she would have if the child had been legitimate. Illegitimate children of the same mother shall have the same right to inherit from each other that they would have had had they been legitimate and all children of the same mother, whether legitimate or illegitimate shall likewise inherit from each other, as to any property, real or personal.

Any illegitimate child whose father dies intestate possessed of any real or personal property is an heir at law if paternity has been established by order or decree of a court of competent jurisdiction during the lifetime of the father or the father has signed an instrument acknowledging the child as his. Whenever any illegitimate child dies intestate in this State leaving property, real or personal, the father of the child shall have the right to inherit from the child if paternity is established by order or decree of the family court or by a court of competent jurisdiction during the life of the child and if the child had been reasonably supported by the father within the last three years of the child's life as a minor.

In the event of the death of any illegitimate intestate, leaving no one to take under the statutory law of this State regulating the descent of property of intestates as it would exist had this section not been enacted, the property of this illegitimate shall descend to and be distributed among the next of kin of the illegitimate on the mother's side as if the illegitimate had been born in lawful wedlock. In the event that the next of kin of the illegitimate child on the mother's side dies intestate and without leaving anyone to take his property under the statutory law of this State regulating the descent of property of intestates as it would exist had this section not been enacted then before this property escheats to the State it shall descend to the child or children of the mother through whom the kinship exists, both legitimate and illegitimate."

Time effective

SECTION 2. This act shall take effect upon approval by the Governor.