H*3159(Rat #0516, Act #0465 of 1986)  General Bill, By D.M. McEachin
 A Bill to amend Section 44-63-100, Code of Laws of South Carolina, 1976,
 relating to the procedure for registering birth by way of a delayed birth
 certificate, so as to provide that the family court has jurisdiction of these
 matters rather than the court of common pleas.

   11/04/85  House  Prefiled
   11/04/85  House  Referred to Committee on Judiciary
   01/14/86  House  Introduced and read first time HJ-68
   01/14/86  House  Referred to Committee on Judiciary HJ-68
   02/12/86  House  Committee report: Favorable Judiciary HJ-625
   02/19/86  House  Read second time HJ-852
   02/20/86  House  Read third time and sent to Senate HJ-887
   02/26/86  Senate Introduced and read first time SJ-751
   02/26/86  Senate Referred to Committee on Medical Affairs SJ-751
   04/24/86  Senate Committee report: Favorable Medical Affairs SJ-2260
   05/13/86  Senate Read second time SJ-2675
   05/22/86  Senate Read third time and enrolled SJ-2851
   05/28/86         Ratified R 516
   06/02/86         Signed By Governor
   06/02/86         Effective date 06/02/86
   06/02/86         Act No. 465
   06/05/86         Copies available

AN ACT TO AMEND SECTION 44-63-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROCEDURE FOR REGISTERING BIRTH BY WAY OF A DELAYED BIRTH CERTIFICATE, SO AS TO PROVIDE THAT THE FAMILY COURT HAS JURISDICTION OF THESE MATTERS RATHER THAN THE COURT OF COMMON PLEAS.

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

Petition

SECTION 1. Section 44-63-100 of the 1976 Code is amended to read:

"Section 44-63-100. A petition may be filed in the family court of petitioner's residence for an order establishing a record of the date of birth, place of birth, and parentage of the person whose birth is sought to be registered by way of a delayed birth certificate.

The petition shall allege that the person for whom a delayed certificate of birth is sought was born in this State; that no record of birth exists; that the petitioner has failed to produce the minimum required documentation to the State Registrar of Vital Statistics.

The court shall fix the time and place of a hearing on the petition for establishment of birth registration, and at least ten days' notice in writing must be given to the State Registrar of Vital Statistics.

The court shall determine the place of birth, date of birth, parentage and those other findings as considered necessary, and shall issue its order which must include all data prescribed by the State Registrar to establish a record of birth which must be recorded and shall constitute the record of birth. This order shall include the birth date to be registered and a description of the evidence presented. The order must be forwarded by the clerk of the family court to the State Registrar no later than the tenth day of the calendar month following the month in which it was entered by the court."

Time effective

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