H 4802 Session 110 (1993-1994)
H 4802 General Bill, By J.S. Shissias, Cobb-Hunter, J.L.M. Cromer, Govan,
H.G. Hutson, Inabinett, L.M. Martin, J.T. McElveen, J.H. Neal, C.C. Wells and
S.S. Wofford
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.
02/23/94 House Introduced and read first time HJ-13
02/23/94 House Referred to Committee on Judiciary HJ-13
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.
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