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CHAPTER 61.
Department of Health and Environmental Control
SECTION 19.
Vital Statistics.
61-19. Vital Statistics.
(Statutory Authority: 1976 S.C. Code Sections 44-63-10 et seq.)
TABLE OF CONTENTS
SECTION 100-DEFINITIONS
SECTION 200-SYSTEM OF VITAL STATISTICS
SECTION 300-SECURITY AND CONFIDENTIALITY OF SYSTEM OF VITAL STATISTICS
301.
General
302.
Preservation of Vital Records and Vital Reports
303.
Confidentiality
304.
Disclosure of Information from Vital Records or Vital Reports for Health Research
SECTION 400-RECORDS AND REPORTS
401.
Forms, Records, Reports, and Electronic Data Files
402.
Requirements for Preparation of Records and Reports
403.
Persons Required to Retain Documentation
404.
Duties to Furnish Information
405.
Content of Vital Records and Vital Reports
SECTION 500-LIVE BIRTH REGISTRATION
501.
General
502.
Out-of-Institution Live Births
503.
Abandoned Infants
SECTION 600-DELAYED REGISTRATION OF BIRTHS
601.
General
602.
Documentary Evidence Requirements
603.
Documentary Evidence Acceptability
604.
Abstraction of Documentary Evidence
605.
Verification by the State Registrar
606.
Dismissal after One Year
607.
Delayed Birth Records Amended by Court Order
608.
Establishment of Delayed Birth Certificate by Court Order
SECTION 700-DEATH REGISTRATION
701.
General
702.
Judicial Procedures to Register a Death
SECTION 800-FETAL DEATH REGISTRATION
SECTION 900-DISPOSITION AND TRANSPORTATION OF HUMAN REMAINS
901.
Permits Governing Disposal or Transportation of Dead Human Bodies
902.
Removal of Body
903.
Authorization for Disinterment and Reinterment
904.
Disposition of Body or Fetus by Hospital Officials Authorized by Next of Kin
SECTION 1000-REPORTS OF INDUCED TERMINATION OF PREGNANCY
SECTION 1100-CORRECTION AND AMENDMENT OF VITAL RECORDS
1101.
General
1102.
Correction of Birth and Death Records
1103.
Administrative Amendment of Birth and Death Records
1104.
Documentary Evidence Required to Amend Birth and Death Records
1105.
Addition of Registrant's Names on Live Birth Records
1106.
Date of Birth Amendments to Live Birth Records
1107.
Amendments to Marital Status on Death Records
1108.
Amendments to Also Known As ("a/k/a") Names on Death Certificates
1109.
Sealed Amendments and Replacement Records of Live Birth
1110.
Amendments by Court Order
1111.
Administrative Amendments to Parental Titles
1112.
Amendment of the Same Certification Item More than Once
SECTION 1200-CERTIFICATIONS FROM THE SYSTEM OF VITAL STATISTICS
SECTION 1300-FEES
100. DEFINITIONS
For the purpose of this regulation, the following definitions shall apply:
A. Amendment. A change to a certification item.
(1) Administrative Amendment. An amendment to a certification item on a vital record without the need of a court order, using documentary evidence, an affidavit form created by the Bureau of Vital Statistics, and other administrative requirements of the Bureau of Vital Statistics.
(2) Sealed Amendment. A change to a birth record after an adoption, statutory maternity or paternity process, or other amendment required by law to be placed in a sealed file. A replacement record is created and the original record is sealed.
(3) Amendment by Court Order. A change to a certification item on a vital record based on a court order.
B. Birth Mother. The woman who gives live birth to a child.
C. Book Copy. A certified image of the original birth certificate.
D. Certification. The document issued by the Department and containing all or a part of the exact information contained on the original vital record, and which, when issued by the Department, has the full force and effect of the original vital record.
E. Certification Item. Any item of information that appears on a certification.
F. Certifier. A person required to attest to the accuracy of the information submitted on a vital event report.
G. Correction. A change to rectify a mistake on a birth or death record or a report of fetal death based on the original information used to register the record or report.
(1) Administrative Correction. A correction to a certification item on a vital record without the need of a court order, using documentary evidence and an application approved by the Bureau of Vital Statistics.
(2) Correction by Court Order. A change to a certification item on a vital record based on a court order.
H. Court of Competent Jurisdiction. A court within the United States with jurisdiction over the subject matter and over the necessary parties.
I. Date of Registration. The month, day, and year a vital event is incorporated into the official records of the Bureau of Vital Statistics.
J. Dead Body. A human body or such parts of a human body from the condition of which it reasonably may be concluded that death has occurred.
K. Department. The South Carolina Department of Health and Environmental Control (DHEC).
L. Disclosure. Making available or making known personally identifiable information contained in a vital record or vital report, by any means of communication.
M. Electronic Signature. An electronic sound, symbol, or process attached to or logically associated with a contract or other record and executed or adopted by a person with the intent to attest to the accuracy of the facts in the record.
N. Facts of Live Birth. The child's name, date of birth, place of birth and sex, and the name(s) of parent(s) appearing on the record of live birth.
O. Fetal Death. Death prior to the complete expulsion or extraction from its birth mother or gestational carrier of a product of human conception, irrespective of the duration of pregnancy and which is not an induced termination of pregnancy. The death is indicated by the fact that after such expulsion or extraction, the fetus does not breathe or show any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.
P. Final Disposition. The burial, interment, cremation, removal from the state, or other authorized disposition of a dead body or fetus.
Q. Gestational Carrier. A woman carrying and delivering a child through a formal written agreement for assisted reproduction and when she is not the intended parent of the child.
R. Government Agency. A unit of local, state, federal, or tribal government.
S. Health Research. A systematic study to gain information and understanding about health with the goal of finding ways to improve human health, conducted in accordance with generally accepted scientific standards or principles and designed to develop or contribute to generalizable scientific knowledge.
T. Human Remains. A dead body, or any part of the body of a human being from the condition of which it reasonably can be concluded that death occurred but does not include human ashes recovered after cremation.
U. Individual. A natural person.
V. Induced Termination of Pregnancy. The purposeful interruption of an intrauterine pregnancy with the intention other than to produce a live-born infant, and which does not result in a live birth. This definition excludes management of prolonged retention of products of conception following fetal death.
W. Informant. The person who provides demographic and personal information as required for the report of death.
X. Institution. Any establishment, public or private, which provides:
(1) in-patient or out-patient medical, surgical, or diagnostic care or treatment; or
(2) nursing, custodial, or domiciliary care; or
(3) to which persons are committed by law.
Y. Interment. The disposition of human remains by entombment or burial.
Z. Legal Representative. A licensed attorney representing the registrant or other entitled applicant.
AA. Live Birth. The complete expulsion or extraction from its birth mother or gestational carrier of a product of human conception, irrespective of the duration of pregnancy, which, after such expulsion or extraction, breathes, or shows any other evidence of life, such as beating of the heart, pulsation of the umbilical cord, or definite movement of voluntary muscles, whether or not the umbilical cord has been cut or the placenta is attached. Heartbeats are to be distinguished from transient cardiac contractions; respirations are to be distinguished from fleeting respiratory efforts or gasps.
BB. Medical Certifier. A licensed physician, physician assistant (PA), advanced registered nurse (APRN), coroner, medical examiner, or other officer authorized by S.C. law or regulation to certify the cause and manner of death on a death certificate who has treated the decedent through examination, medical advice, or medications within the twelve (12) months preceding the death for the illness or condition which resulted in death as defined in S.C. Code Section 44-63-74(3).
CC. Midwife. A person licensed by the State of South Carolina who provides midwifery services as defined in Regulation 61-24, Licensed Midwives.
DD. Natural Burial. The interment of the body of a dead person in the soil in a manner that does not inhibit decomposition but allows the body to be naturally recycled. The body is neither cremated nor prepared with chemicals such as embalming fluids. The body may be placed in a biodegradable coffin or shroud and interred without a concrete burial vault.
EE. Next of Kin/Immediate Family Member. The decedent's surviving spouse, adult children, parents, siblings, grandparents, or grandchildren.
FF. Original Birth Certificate for Adoptees. A copy of the sealed original birth certificate issued to adoptees according to S.C. Code Section 44-63-140. The non-certified copy is issued on plain white paper and may not be used for legal purposes.
GG. Person Serving as Funeral Director (Other Agent). An individual who chooses to handle final disposition and filing of the death record of a deceased family member or friend without compensation and without the services of a licensed funeral director. Transportation companies cannot serve as a funeral director or other agent unless specified by the State Registrar or Assistant State Registrar.
HH. Personally Identifiable Information. Information that can be used to distinguish or trace an individual's identity, such as, but not limited to, his or her name, Social Security number, biometric records or address, alone, or when combined with other personal or identifying information which is linked or linkable to a specific individual, such as, but not limited to, date and place of live birth or mother's name prior to first marriage.
II. Person in Charge of an Institution. The officer or employee who is responsible for administration and includes, but is not limited to, a person holding the title of chief executive officer, administrator, superintendent, director or executive director.
JJ. Physician. A person authorized or licensed to practice medicine or osteopathy pursuant to the laws of this state.
KK. Record. A report of a vital event that has been registered by the Department.
LL. Registration. The process by which reports are accepted and incorporated into the official records of the Bureau of Vital Statistics.
MM. Report. A document, paper or electronic, containing information related to a vital event submitted by a person or entity required to submit the information in accordance with this regulation to the Bureau of Vital Statistics for the purpose of registering a vital event.
NN. Sealed File. The original record of a vital event that has been sealed after amendment and the evidence submitted to support the change. Sealed files shall not be subject to inspection, except upon order of the Family Court.
OO. State Registrar. The officer tasked by state law with carrying into effect the regulations and orders of the Department related to Vital Statistics. All duties and responsibilities relating to Vital Statistics may be delegated at his discretion to the Assistant State Registrar.
PP. System of Vital Statistics. The collection, registration, preservation, amendment, certification, verification, and the maintenance of the security and integrity of vital records; the collection of other reports required by this regulation; and activities related thereto including the tabulation, analysis, publication, and dissemination of vital statistics.
QQ. User. Any individual with access to or responsibility for data entry into the Vital Statistics system.
RR. Verification. A confirmation of the information contained in a vital record.
SS. Vital Event. A live birth, death, fetal death, marriage, divorce, annulment, or induced termination of pregnancy.
TT. Vital Records. Reports of live birth, death, marriage, divorce, or annulment and data related thereto which have been accepted for registration and incorporated into the official records of the Bureau of Vital Statistics.
UU. Vital Reports. Reports of fetal death and induced terminations of pregnancy which have been accepted for registration and incorporated into the Department's vital statistics.
VV. Vital Statistics. The aggregated data derived from the records and reports of live birth, death, fetal death, induced termination of pregnancy, marriage, divorce, or annulment and supporting documentation and related reports.
200. SYSTEM OF VITAL STATISTICS
A. The State Registrar may establish, designate, or eliminate offices in the state to aid in the efficient administration of the system of vital statistics. The Assistant State Registrar shall be the Director of the Bureau of Vital Statistics.
B. The State Registrar and Assistant State Registrar may delegate such functions and duties vested in them to employees of the Bureau of Vital Statistics and to employees of any office established or designated under Section 200.A.
C. The System of Vital Statistics shall:
(1) be directed and supervised by the State Registrar who shall be custodian of its records.
(2) be uniform in policy and procedure throughout the state.
D. Public health programs within the Department may be provided copies of or data derived from vital records and vital reports required under this regulation, as the State Registrar determines are necessary for public health planning and program activities. The copies or data shall remain the property of the Bureau of Vital Statistics, and the uses shall be governed by the State Registrar as allowed by law.
300. SECURITY AND CONFIDENTIALITY OF SYSTEM OF VITAL STATISTICS
301. General.
All users of the system of vital statistics shall:
A. complete authentication procedures as required by the Bureau of Vital Statistics and only access the components of the system necessary for their official roles and duties and as allowed by law;
B. maintain specified levels of training related to security and acknowledge in writing security procedures and penalties;
C. allow validation of data provided in reports submitted for registration through site visits by Department staff at a frequency specified by the State Registrar to maximize the integrity of the data reported;
D. secure their workplace, storage and technology environments to protect all personally identifiable information; and
E. acknowledge in writing the procedures to identify and report to the Department any breach of the system of vital statistics.
302. Preservation of Vital Records and Vital Reports.
Records or reports registered with the Department shall be reproduced and preserved as determined appropriate by the State Registrar. Such reproductions when verified and approved by the State Registrar shall be accepted as the original vital record documents. The original vital record documents from which permanent reproductions have been made may be disposed of as provided by retention schedules.
303. Confidentiality.
A. Vital records, vital reports, indices, related documents, and data or information contained therein shall be confidential.
(1) No person shall permit inspection of, or disclose data or information contained in vital records, vital records related documents, or in vital reports, except as specifically allowed by law.
(2) No person shall copy or issue a copy of all or part of any such record or report except as specifically allowed by law.
B. To protect the confidentiality and security of vital records and vital reports, access to or disclosure of information contained in vital records for sale or release to the public, for direct or indirect marketing of goods or services, for solicitation of registrants or families of registrants (unless explicitly allowed by law), or for other commercial or speculative purposes shall not be deemed a proper purpose.
304. Disclosure of Information from Vital Records or Vital Reports for Health Research.
A. Each request for vital records and reports data to be used for health research or other informational purposes shall be submitted in accordance with the Department's public health data release policies and procedures.
B. Any requestor will be required to sign a data release agreement that:
(1) prohibits the re-release of any information, unless specifically allowed in the data release agreement;
(2) restricts use of the data for the specified purpose;
(3) specifies that ownership of vital records and vital report data provided under the data release agreement remains with the Bureau of Vital Statistics;
(4) specifies applicable data suppression rules to protect confidentiality when the number of cases is small enough that reidentification is possible; and
(5) defines variables classified as confidential and non-releasable variables.
Variables will be classified as restricted, confidential, or non-releasable by the Director of the Bureau of Vital Statistics.
400. RECORDS AND REPORTS
401. Forms, Records, Reports, and Electronic Data Files.
All forms, records, electronic data files, reports, and supporting documentation used in the system of vital statistics are the property of the Department and shall be surrendered upon demand. The forms prescribed and distributed by the Department for reporting vital events shall be used only for official purposes. Only those forms, including worksheets used in the preparation of records or reports, furnished or approved by the State Registrar shall be used for the submission of records and reports or in certifications thereof. Electronic data records will be accepted only when standards set by the State Registrar are met. Only computer programs specified and provided or otherwise authorized by the State Registrar shall be used for the submission of records and reports.
402. Requirements for Preparation of Records and Reports.
A. All individuals preparing, submitting, or certifying a vital event shall be trained or approved by the Bureau of Vital Statistics.
B. All forms, records, and reports relating to vital events must either be computer printed, typewritten, or printed legibly in black, unfading ink, or generated using electronic media approved by the State Registrar.
C. All signatures required shall be either electronic or entered in black, unfading ink.
D. Unless otherwise directed by the State Registrar, a report shall only be acceptable for registration when it:
(1) contains the certifier's name computer printed, typed, or printed legibly;
(2) supplies all items of information or satisfactorily accounts for their omission;
(3) does not contain alterations or erasures;
(4) does not interfere with document imaging;
(5) contains signatures as required;
(6) has no marks or flags such as "copy" or "duplicate";
(7) is an original;
(8) is prepared on the proper form;
(9) does not contain improper or inconsistent data;
(10) does not contain an indefinite cause of death, which denotes only symptoms of disease or conditions resulting from disease;
(11) is prepared in conformity with regulations or instructions issued by the Department; and
(12) does not contain false information.
403. Persons Required to Retain Documentation.
A. Every person in charge of an institution shall retain documentation of personal data as required for the reports of live birth, death, fetal death, or induced termination of pregnancy required by this regulation. The documentation shall include information provided by the person being admitted or confined, but when it cannot be so obtained, the information shall be obtained from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the documentation.
B. Any licensed health care provider shall retain documentation of personal data concerning each person under the provider's care for a condition that results in a reportable vital event when such documentation is not maintained by an institution described in Section 403.A. The documentation shall include such information as required for the provider to submit a report of live birth, death, fetal death, or induced termination of pregnancy required by this regulation. The documentation shall include information provided by the person being treated. If the person being treated cannot provide the information, then the licensed health care provider shall obtain the information from relatives or other persons acquainted with the facts. The name and address of the person providing the information shall be a part of the documentation.
C. When a dead body or fetus is released or disposed of by an institution, the person in charge of the institution shall retain documentation showing the name of the decedent, date of death, name and address of the person to whom the body or fetus is released, and the date of removal from the institution. If final disposition is made by the institution, the date, place, and manner of disposition shall also be documented.
D. A funeral director, embalmer, or other person who removes from the place of death, transports, or makes final disposition of a dead body or fetus, in addition to filing any record or other report required by law or regulations, shall retain documentation which shall identify the body, and the following information pertaining to his or her receipt, removal, delivery, burial, or cremation of such body:
(1) The date, place, and time of receipt;
(2) The date, place, and manner of disposition;
(3) If the dead body or fetus is delivered to another funeral director, the date of such delivery and the name and address of the funeral director to whom delivered; and
(4) The demographic and personal data collected from the informant as required by the report of death for those deaths for which the funeral director was required to register the report.
E. Documentation maintained under this section shall be retained for a period of not less than one (1) year and shall be made available for inspection by the State Registrar or his or her representative upon demand.
404. Duties to Furnish Information.
A. Upon demand of the Department, any person having knowledge of the facts shall furnish such information as he or she may possess regarding any live birth, death, fetal death, induced termination of pregnancy, marriage, divorce, or annulment. Any person required to report shall provide to the Department information that was required to be reported, but that was not so reported, within five (5) calendar days of that person receiving that information.
B. Within five (5) calendar days of receipt of any autopsy results or other information that would provide pending or missing information or correct errors in a reported cause of death, the physician, medical examiner, or coroner required to report the death shall register a supplemental report of the cause of death to amend the record.
C. The State Registrar or designee shall have the authority to require alternative documentation from the data provider of the occurrence of vital events for the purpose of quality assurance.
405. Content of Vital Records and Vital Reports.
A. In order to promote and maintain nationwide uniformity in the system of vital statistics, the forms of vital records and vital reports required by law, or by regulations, shall include as a minimum the items recommended by the National Center for Health Statistics or its successor agency.
B. Each vital record, vital report, and other document required by this regulation shall be prepared in the format approved by the State Registrar.
C. All vital records and vital reports shall contain the date of registration.
D. Information required in forms, vital records, or vital reports authorized by this regulation may be submitted, verified, registered, and stored by photographic, electronic, or other means as prescribed by the Department.
500. LIVE BIRTH REGISTRATION
501. General.
A. A report of live birth for each live birth which occurs in this state shall be submitted to the Bureau of Vital Statistics, or as otherwise directed by the State Registrar, within five (5) calendar days after such live birth and shall be registered if it has been completed and submitted in accordance with this section.
B. The physician, institution, or other person providing prenatal care shall provide the prenatal care information required for the report to the institution where the delivery is expected to occur not less than thirty (30) calendar days prior to the expected delivery date. Any subsequent prenatal care information shall be submitted to the institution prior to submission of report of live birth.
C. When a live birth occurs in an institution or en route thereto, the person in charge of the institution or his or her authorized designee shall obtain all data required by the Department, prepare the report, certify that the child was born alive at the place and time and on the date stated either by signature or by an approved electronic process, and submit the report within the required five (5) calendar days.
D. In obtaining the information required for the report, all institutions shall use information gathering procedures, including worksheets, provided or approved by the State Registrar. Institutions may establish procedures to transfer, electronically or otherwise, information required for the report from other systems. Such procedures shall be reviewed and approved by the State Registrar prior to implementation to ensure that the information being transferred is the same as that being requested for the report.
E. When a live birth occurs outside an institution:
(1) the information for the report of live birth shall be submitted in the format specified by the Department and in the following order of priority within five (5) calendar days of the live birth by:
(a) the medical institution at which the birth mother or gestational carrier and child are examined within five (5) calendar days of the live birth; or
(b) a licensed midwife or physician in attendance at the live birth; or
(c) the birth mother with documentary evidence as described in Section 502; or
(d) the coroner in cases where investigation is required.
(2) an order from a South Carolina Family Court shall be required to register a live birth when the report submitted does not include the minimum acceptable documentation required in the regulations or the State Registrar has cause to question the validity or adequacy of the documentary evidence.
F. When a live birth occurs on a moving conveyance within the United States and the child is first removed from the conveyance in this state, the live birth shall be registered in this state and the place where it is first removed shall be considered the place of live birth. When a live birth occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the child is first removed from the conveyance in this state, the live birth shall be registered in this State, but the report shall show the actual place of live birth insofar as can be determined.
G. For purposes of live birth registration and maternity determination:
(1) The woman who gives live birth to the child shall be recorded as the birth mother and the information required by the report of live birth shall be that of the birth mother, except as required by Section 501.G(4);
(2) A court of competent jurisdiction may determine that a woman other than the live birth mother is the biological or genetic mother and order that the original live birth record be so replaced in accordance with Section 1109. The original live birth record shall then be placed under seal.
(3) In the context of birth through gestational carrier, Sections 501.G(1) and G(2) above shall apply for recording the parentage information, unless the intended parent or parents have obtained a pre-birth order from a court of competent jurisdiction. The pre-birth order establishing parentage may be acceptable when the order is issued no more than six (6) months prior to the expected due date and contains all of the following information:
(a) The full name and date of birth of the gestational carrier;
(b) The expected due date and intended name of the child;
(c) The intended hospital of birth;
(d) A finding of no parental rights to the child of the gestational carrier and her spouse, if married; and
(e) The full names (including names prior to first marriage), dates of birth, state of birth (or country, if foreign born), and any other necessary information of the intended parents to create the birth certificate.
(4) In the context of birth through a gestational carrier agreement in which a pre-birth order is obtained, the institution will record information from both the gestational carrier and the intended parent(s) when filing the birth certificate.
H. Up to two (2) individuals may be listed as the parents on a certificate of live birth. Paternity/second parent shall be determined as follows:
(1) If the birth mother was married at the time of either conception or live birth, or between conception and live birth, the name of the spouse shall be entered on the report as the second parent of the child.
(2) If the birth mother was not married at the time of either conception or live birth or between conception and live birth, the name of the father shall not be entered on the report without an Acknowledgment of Paternity on a form developed by the Department and as prescribed by state law and signed by the birth mother and the person to be named as the father. The Acknowledgment shall be filed with the Department.
(3) If the second parent is not named on the report of live birth, no information about that second parent will be entered on the report.
(4) Thereafter, paternity or second parentage of a child may be determined by a court of competent jurisdiction pursuant to South Carolina law. The name of the father or second parent and surname of the child shall be entered on the report of live birth in accordance with the finding of the court when a valid court order is submitted to the Bureau of Vital Statistics. The original live birth record shall then be placed under seal.
I. The birth mother of the child or, in the case of a gestational carrier, the intended parents and gestational carrier shall verify the accuracy of the personal data to be entered on the report to permit the submission of the report within the five (5) calendar days as prescribed in Section 501.A.
(1) If the birth mother or gestational carrier is incapacitated or deceased, the legal spouse, or other informant as determined appropriate by the State Registrar shall provide and verify the accuracy of the information.
(2) If the birth mother, the legal spouse, or other informant does not verify the accuracy of the personal data entered within the prescribed five (5) days, the report of live birth shall be filed without verification.
(3) A child's name may not include more characters than is allowed in the system for registration and may not include types of characters not allowed by the system for registration utilized by the Bureau of Vital Statistics for the purpose of registering birth records.
J. Reports of live birth submitted after five (5) calendar days, but within one (1) year from the date of live birth shall be registered in the standard format of live birth reports in the manner prescribed above. Such reports shall not be marked or flagged "Delayed."
K. The State Registrar may require additional evidence in support of the facts of live birth.
502. Out-of-Institution Live Birth.
A. When a live birth occurs in this state outside of an institution, and there is found to be no live birth registration and the report of live birth is to be registered before the first birthday, additional evidence in support of the facts of live birth may be required.
B. For an unattended birth when the birth mother is responsible for submitting the report of live birth, the following documentary evidence is required:
(1) Evidence of pregnancy from a licensed medical professional;
(2) Evidence created within (5) calendar days of the date of live birth from a licensed medical professional showing that the infant was born alive;
(3) Evidence of the birth mother's presence in this state on the date of the live birth; and
(4) Other evidence acceptable to the State Registrar.
C. When the State Registrar has cause to question the validity or adequacy of the documentary evidence submitted for an out-of-institution live birth, the report of live birth shall not be registered without an order from a South Carolina Family Court establishing the facts of birth.
503. Abandoned Infants.
A. When an abandoned infant, including a baby surrendered pursuant to S.C. Code Section 63-7-40, is brought to an emergency room or to an institution, the person in charge of the institution shall submit the report of live birth within five (5) calendar days of discovery to the Bureau of Vital Statistics with the following information:
(1) The date and city and/or county of discovery;
(2) Sex and approximate live birth date of child as determined by a physician or licensed health care provider;
(3) Name and address of the person or institution submitting this report;
(4) Name given to the child by the custodian of the child, if applicable; and
(5) Other data required by the State Registrar.
B. The place where the child was found or discovered shall be entered as the place of live birth.
C. Information submitted under this section shall constitute the basis for the report of live birth for the child.
D. The report for an abandoned infant shall be registered in the current format for live births and shall:
(1) have foundling plainly marked or flagged on the report;
(2) show the required facts as determined by approximation and have parentage data left blank; and
(3) show the name and title of the person or institution submitting the report under section 503.A.
E. If the child is identified and a live birth registration is found or obtained, the report submitted under this Section and any live birth registration resulting from that report shall be voided and placed in a sealed file and shall not be subject to inspection except upon order of a South Carolina Family Court or by the Department for purposes of administering the vital statistics program.
F. For purposes of this section, when an abandoned child does not meet the definition of "infant" in S.C. Code Section 63-7-40, a court order shall be required to file a report of live birth. The court order shall establish the facts of birth in Section 503.A.
G. Birth Records registered under this Section that contain the parents' information shall not be issued except to the S.C. Department of Social Services for the purposes of adoption or care for the child.
600. DELAYED REGISTRATION OF BIRTHS
601. General.
A. The following minimum facts must be established by documentary evidence:
(1) the full name of the person at the time of live birth;
(2) the date of live birth;
(3) that the live birth occurred in South Carolina;
(4) the full name of the birth mother prior to first marriage; and
(5) the full name of the father/parent if parents were married at the time of birth. Otherwise, the name of the father/parent shall not be entered on the delayed certificate unless:
(a) the child has been adopted or legitimized, or
(b) the paternity has been determined by a court of competent jurisdiction or an Acknowledgment of Paternity accompanies the establishment of the delayed certificate.
B. All delayed births are to be filed on a special "delayed certificate of birth" form adopted by the Department.
C. Each delayed certificate of birth established administratively shall be signed by the person whose birth is to be filed if of legal age and is competent to swear to the accuracy of the facts stated therein; otherwise, the certificate shall be signed by a parent or legal guardian.
602. Documentary Evidence Requirements.
To be acceptable for registration, the name of the person at the time of the live birth and the date and place of live birth entered on a delayed registration of live birth shall be supported by at least:
A. Three (3) pieces of acceptable documentary evidence that will establish to the satisfaction of the State Registrar the facts and date of live birth as alleged in the application; and
B. Facts of parentage shall be supported by at least one (1) document.
603. Documentary Evidence Acceptability.
A. The acceptability of all documentary evidence submitted shall be determined by the State Registrar.
B. Documents must be from independent sources and shall be in the form of the original record or a duly certified copy thereof or a signed statement from the custodian of the record or document.
C. All documents submitted in evidence:
(1) For persons more than seventeen (17) years of age, must have been established at least ten (10) years prior to the date of application;
(2) For persons seventeen (17) years of age or younger, must be dated at least one (1) year prior to the date of application; and
(3) Shall not be contradictory.
D. Documents may include, but are not limited to:
(1) Census Records;
(2) Hospital or Medical Records;
(3) Military Records;
(4) Social Security Numident Reports;
(5) Voter registration application;
(6) School records; or
(7) Other documents as designated by the State Registrar.
E. When the State Registrar finds reason to question the validity or adequacy of any evidence submitted, he or she may reject the evidence and advise the applicant of the reasons for this action.
604. Abstraction of Documentary Evidence.
A. The Vital Statistics employee preparing the certificate shall abstract on the delayed registration of live birth a description of each document submitted to support the facts. This description shall include:
(1) the title or description of the document;
(2) the name and address of the custodial organization;
(3) the creation date of the original document; and
(4) all live birth facts required by Section 601 contained in each document accepted as evidence.
B. Original documents submitted in support of the delayed birth registration shall be returned to the applicant after review. After a delayed birth certificate has been registered with the state, convenience copies of all accepted documents on file with the Bureau of Vital Statistics shall be destroyed.
605. Verification by the State Registrar.
The State Registrar, or his or her designated representative, shall verify:
A. That no prior report of live birth is registered in this state for the person whose live birth is to be recorded;
B. That he or she has reviewed the evidence submitted to establish the facts of live birth; and
C. That the abstract of the evidence appearing on the delayed birth certificate accurately reflects the nature and content of the document.
606. Dismissal After One Year.
An application for a delayed registration birth certificate that has not been completed within one (1) year from the date of application may be dismissed at the discretion of the State Registrar. The Department shall so advise the applicant and documents submitted in support of such application shall be returned to the applicant.
607. Delayed Birth Records Amended by Court Order.
A live birth originally registered as a delayed live birth shall remain in the delayed birth certificate format, regardless of subsequent legal change of status or amendment. The amended certificate will clearly indicate the information changed by court order and be marked as amended by court order. Any certification of such record shall notate the items changed by the court order and the date the change was made.
608. Establishment of Delayed Birth Certificate by Court Order.
When the evidence submitted does not satisfy the above requirements, the applicant may petition a court of competent jurisdiction to establish a delayed birth certificate pursuant to S.C. Code Section 44-63-100.
700. DEATH REGISTRATION
701. General.
A. A report of death for each death which occurs in this state shall be submitted to the Bureau of Vital Statistics, or as otherwise directed by the State Registrar, within five (5) calendar days after death or the finding of a dead body and shall be registered if it has been completed and submitted in accordance with this section.
(1) If the place of death is unknown but the dead body is found in this state, the report of death shall be completed and submitted in accordance with this section. The place where the body is found shall be noted as the place of death.
(2) When death occurs in a moving conveyance within the United States and the body is first removed from the conveyance in this State, the death shall be registered in this state and the place where it is first removed shall be deemed the place of death. When a death occurs on a moving conveyance while in international waters or air space or in a foreign country or its air space and the body is first removed from the conveyance in this State, the death shall be registered in this State, but the report shall show the actual place of death insofar as can be determined.
(3) If the date of death is unknown, the medical certifier shall determine the date by approximation. If the date cannot be determined by approximation, the date found shall be entered and identified as date found.
B. The funeral director or person acting as such who first assumes custody of the dead body shall submit the report of death to the Bureau of Vital Statistics. In cases where there is no funeral director or person acting as such, the coroner shall submit the report of death. In no event shall a transport company file a death record.
(1) The funeral director or person acting as such shall obtain the personal data from the next of kin or the best qualified person or source available and shall obtain the medical certification from the person responsible, therefore.
(2) The funeral director or person acting as such shall provide the report of death containing sufficient information to identify the decedent to the medical certifier within forty-eight (48) hours after death unless the medical certification has already been submitted.
(3) In cases where the family chooses not to engage the services of a licensed funeral director, they may dispose of the body by way of a natural burial as defined in Section 100 of this regulation. In such cases, the person listed on the Burial-Removal-Transit Permit (BRTP) as first assuming custody or handling the final disposition of the body shall also be responsible for submitting the report of death to the Bureau of Vital Statistics. If no report is filed within thirty (30) calendar days after the date of death and the Bureau has been unsuccessful in contacting the person listed as responsible for the disposition of the body via the means of contact listed on the BRTP form, they shall file the certificate with the available information.
(4) Medical certifiers or their staff should review cases of deceased individuals designated to them at least once each business day. The medical certification shall be completed within forty-eight (48) hours, excluding weekends and federal or state holidays, after receipt of notice of the death by the decedent's primary or attending physician, except when inquiry is required by S.C. Code Section 44-43-720. In the absence or inability of said medical certifier, or with his or her approval, the report may be completed by his or her associate physician, physician's assistant, or APRN, the chief medical officer of the institution in which death occurred, or the physician who performed an autopsy upon the decedent, provided such individual has access to the medical history of the case, and death is due to natural causes. The person completing the cause of death shall attest to its accuracy either by signature or by an approved electronic process.
(5) When inquiry is required by S.C. Code Section 44-43-720, the coroner or medical examiner in the jurisdiction where death or injury occurred or where the body was found shall determine the cause and manner of death and shall complete and sign the medical certification within forty-eight (48) hours after taking charge of the case. If the cause and/or manner of death cannot be determined within forty-eight (48) hours, the cause and/or manner of death shall be entered as pending and a supplemental medical amendment shall be submitted when the cause and/or manner of death is determined.
(6) Administrative penalties as defined in S.C. Code Section 44-63-74 shall be assessed whenever a death certificate is filed more than five (5) calendar days after the date of death. The Department shall review each record filed late to determine whether the funeral home or director, medical certifier (excluding coroners and medical examiners), or both are at fault for the delay of registration.
(a) When fault for the delay of registration is determined by the Department, the party or parties determined to be at fault shall be emailed a notice of violation by the Department and informed of the total amount of the administrative penalty. The funeral home, funeral director, or medical certifier may submit a statement or evidence showing good cause for the delay up to fifteen (15) calendar days after the notice is sent from the Department. If no statement or evidence of good cause is submitted within fifteen (15) calendar days, the party determined at fault will be sent an official notice of the fine assessed via certified mail.
(b) If a statement or evidence is submitted claiming good cause for the delay, the Department shall make a determination within fifteen (15) calendar days whether the good cause is justified. Good cause shall include, but not be limited to, the following: (1) a natural disaster, (2) an emergency declaration from the Governor, (3) a verified system malfunction or error reported within the specified timeframe, (4) when significant but unsuccessful efforts were made to file the record on time, or (5) when the funeral director is unable to obtain information pursuant to S.C. Code Section 44-63-74(A)(2)(a). In cases where there were significant but unsuccessful efforts to file the record on time, the person responsible for registration shall notify the Department via email within the specified timeframe with the cause of the delay. In cases where the decedent's information cannot be obtained pursuant to S.C. Code Section 44-63-74(A)(2)(a), a statement from the informant listed on the death certificate must be submitted stating the reason for the inability to collect the information for good cause to be considered. The Department shall notify the party whether or not good cause is determined within fifteen (15) calendar days after final review of the evidence. If the Department determines good cause is present, fines will be reduced or removed.
(c) If the Department determines that the evidence submitted does not establish good cause for the delay, the party or parties determined at fault will receive a final notice of violation via email and certified mail that the evidence for good cause has been denied and the fines will be due. Administrative penalties assessed should be paid within thirty (30) calendar days of the final notice being sent. If the fines are paid within the thirty (30) calendar days of the final notice, the party at fault will be eligible for a fifty percent (50%) reduction of fines. If the fees are not paid within thirty (30) calendar days of the final notice, the entire amount due must be paid.
C. When a court of competent jurisdiction determines a death has occurred within this state but the body cannot be located, a death certificate may be prepared by the Department upon receipt of an order of the court, which shall include the finding of facts required to complete the death record, including, but not limited to, the county of death. Such a death record shall be marked "presumptive" and shall show on its face the date of filing and shall identify the court and the date of the decree.
D. When a death occurring in this state has not been registered as prescribed by this section, a report of death may be submitted to the Department using the current format of the report of death provided the medical certifier at the time of death and the funeral director or person acting as such are available to complete the report of death. If the medical certifier at the time of death and the funeral director or person acting as such are unavailable or decline then the death shall not be registered except upon receipt of an order from a court with competent jurisdiction. If the report of death is submitted more than one (1) year after the date of death, the record shall be marked as "delayed" and any certified copy shall be marked as such. If the date of death cannot be determined, the record shall be filed with the date the body was found as the date of death.
E. In obtaining the information required for the report, funeral directors or persons acting as such shall use information gathering procedures, including worksheets, provided or approved by the Department. Medical Certifiers may establish procedures to transfer, electronically or otherwise, information required for the medical certification from other systems. Such procedures shall be reviewed and approved by the State Registrar prior to implementation to ensure that the information being transferred is the same as that being requested for the report.
F. In cases where the coroner or medical examiner is providing the non-medical information for report of death, any supplemental non-medical information shall be submitted by the coroner or medical examiner on the approved worksheet form with the Department within five (5) calendar days after such information is obtained. The supplemental information shall be incorporated into the existing death record in accordance with S.C. Code Section 44-63-74.
702. Judicial Procedures to Register a Death.
A death may be registered by the Department, upon receipt of an order of a court of competent jurisdiction within this state.
A. The court order to establish a death record shall include all of the following information:
(1) decedent's legal name (first, middle, surname and suffix, if any);
(2) date of death as determined from the evidence presented;
(3) place of death, including county, as determined from the evidence presented;
(4) decedent's date of live birth, state or country of live birth, sex and parent(s) name(s) prior to first marriage;
(5) decedent's residence, including county and state, at time of death;
(6) decedent's marital status at time of death;
(7) name, prior to first marriage, of surviving spouse (if any); and
(8) the information necessary to complete the medical certification including the cause and manner of death. If the death occurred from an injury, information on how and when the injury occurred. If such information is unknown, the order shall indicate such.
B. All certifications issued shall show the date of the court order and the name of the court issuing that order.
C. If the death was registered pursuant to Section 701.C, the record shall be marked or flagged "Presumptive."
800. FETAL DEATH REGISTRATION
A. A report of each fetal death of 350 grams or more, or if weight is unknown, of twenty (20) completed weeks gestation or more, based on clinical estimate of gestation at delivery, which occurs in this state shall be submitted within five (5) calendar days after delivery to the Bureau of Vital Statistics or as otherwise directed by the State Registrar and shall be registered if it has been completed and submitted in accordance with this Section. All induced terminations of pregnancy shall be reported in the manner prescribed in Section 1000 and shall not be reported as fetal deaths.
B. When a fetus is delivered in an institution or en route thereto, the person in charge of the institution, or his or her designated representative, shall obtain all data required by the Department to prepare and submit the report. In obtaining the information required by the fetal death report, all institutions shall use information-gathering procedures including worksheets provided or approved by the State Registrar. Institutions may establish procedures to transfer, electronically or otherwise, information required by the fetal death report from other systems. Such procedures shall be reviewed and approved by the State Registrar prior to implementation to ensure that the information being transferred is the same as that being requested on the fetal death report.
C. When a fetus is delivered outside an institution and then taken to an institution, the institution shall prepare and submit the report.
D. When a fetal death required to be reported by this Section occurs outside of an institution and the fetus is not taken to an institution immediately after the delivery or when inquiry is required by state law, the coroner shall investigate the cause of fetal death and shall prepare and submit the fetal death report within five (5) calendar days of notification.
E. If the cause of fetal death is unknown or pending investigation, the cause of fetal death shall be noted as such on the fetal death report.
F. When a fetal death occurs in a moving conveyance and the fetus is first removed from the conveyance in this state or when a fetus is found in this state and the place of fetal death is unknown, the fetal death shall be reported in this state. The place where the fetus was first removed from the conveyance or the fetus was found shall be considered the place of fetal death.
G. Reports of fetal death are statistical reports to be used only for public health purposes. Such reports shall be disposed of when all statistical processing of the reports has been accomplished. However, the Department may establish a data file of such reports so they will be available for future research and such file may be retained for as long as the State Registrar deems necessary.
900. DISPOSITION AND TRANSPORTATION OF HUMAN REMAINS
901. Permits Governing the Disposal or Transportation of Dead Human Bodies.
A. The subregistrar or the coroner in the county in which the death occurred shall issue a Burial-Removal-Transit Permit (BRTP) within forty-eight (48) hours after death or the next business day. If the body is found more than forty-eight (48) hours after death, the BRTP shall be filed within forty-eight (48) hours after the body is found.
B. The funeral director, or person acting as such, who first assumes custody of a dead body or fetus shall obtain a BRTP prior to final disposition or removal of the body or fetus from the State. BRTPs may be emailed, hand delivered, or faxed to a funeral home or company that first takes possession of the body. If a funeral home or transportation company is not participating in the electronic system to receive the BRTP via email, the permit must be printed and delivered to them via one of the aforementioned methods.
C. A BRTP issued under the law of another state which accompanies a dead body or fetus into this state shall be authority for final disposition of the body or fetus in this state.
902. Removal of Body.
Before taking charge of a dead human body or fetus, the funeral director or person acting as such shall:
A. Contact the medical certifier and receive assurance from him or her that death is from natural causes and that the medical certifier will assume responsibility for certifying to the cause of death; or
B. Contact the coroner if the case comes within his or her jurisdiction and receive authorization from him or her to remove the body.
903. Authorization for Disinterment and Reinterment.
A. Except as otherwise provided by statute, a permit for disinterment and reinterment of human remains shall be required prior to disinterment of a dead body or fetus. If the dead body or fetus is being reinterred in the same plot where it was originally interred, a permit shall not be required.
B. A disinterment permit shall be issued only upon receipt of the form prescribed by the State Registrar signed by the next of kin and the person who is to perform the disinterment or upon receipt of an order of a court of competent jurisdiction directing such disinterment. The permit shall be permission for disinterment, transportation, and reinterment. The disinterment must be performed within one (1) year of the date permission was granted by the State Registrar or designee, otherwise the applicant must apply for a new permit. The Department may destroy any copies of permits issued but not returned within one (1) year of the date permission was granted.
C. Human remains deposited in a receiving vault shall not be considered a disinterment when removed from the vault for final disposition.
D. The funeral director to whom the permit is issued shall retain a copy. A copy shall be used during transportation and filed with the sexton or person in charge of the cemetery of reinterment. The funeral director shall return a copy to the Bureau of Vital Statistics showing the date of reinterment.
E. The permit requirement of this section shall not apply to disinterment or reinterment of a dead body or fetus when death occurred before 1915.
F. Certified copies of completed disinterment permits may be issued to any next of kin of the deceased or the firm authorized to perform the disinterment upon receipt of an application and payment for a record search as defined in Section 1300. No other parties shall be issued copies of the completed disinterment permit except upon order from a court of competent jurisdiction.
904. Disposition of Body or Fetus by Hospital Officials Authorized by Next of Kin.
Hospital officials who dispose of bodies of persons or fetuses dead of natural causes, with legal permission of the next of kin and not for hire or profit, are responsible for filing the record of fetal death or of death. In all cases, including a reportable fetal death, a Burial Removal Transit Permit must be obtained for the disposition of the remains.
1000. REPORTS OF INDUCED TERMINATION OF PREGNANCY
A. Each induced termination of pregnancy which occurs in this state, regardless of the length of gestation, shall be reported to the Bureau of Vital Statistics within seven (7) calendar days by the person in charge of the institution in which the induced termination of pregnancy was performed. If the induced termination of pregnancy was performed outside an institution, it shall be reported by the attending medical provider.
B. Reports of induced termination of pregnancy are statistical reports to be used only for public health purposes. Such reports shall be disposed of when all statistical processing of the reports has been accomplished. However, the Department may establish a data file of such reports so they will be available for future research and such file may be retained for as long as the State Registrar deems necessary.
C. When a late fee is assessed pursuant to S.C. Code Section 44-41-460(D), the institution shall be eligible for a fifty percent (50%) reduction of fees if the fee is paid in full within thirty (30) calendar days. If the fee is not paid in full within thirty (30) calendar days, the full amount due must be paid.
1100. CORRECTION AND AMENDMENT OF VITAL RECORDS
1101. General.
A. Live birth records are presumed to contain accurate information on the facts of live birth when they are registered. Live birth records will be amended or corrected only to rectify errors in the facts of live birth, except as provided for in this regulation.
B. A delayed record of live birth placed on file with supporting documentation or by judicial procedure shall not be amended except to reflect changes upon receipt of a certified court order.
C. Certificates of marriage and reports of divorce must be corrected by the custodian of the official record from which the report was prepared. The custodian shall submit the amended certificate to the Department with a statement listing the items changed and evidence presented to support each certification item changed. Any corrected records shall be marked amended when issued by the Department.
D. Except as specifically allowed by law, sealed records and their accompanying documents are not subject to reproduction by any means, including, but not limited to, photography or photocopying, and shall not be subject to inspection except upon order of the Family Court. The State Registrar or their designee may inspect such information for purposes of properly administering the vital statistics program.
E. Changes to birth or death records must be requested by a person entitled by law to obtain a certified copy of the record to be amended.
F. If paternity is rescinded pursuant to S.C. Code Section 63-17-50, the signatory's name will not be removed from the record of live birth except upon receipt of an order from a court of competent jurisdiction terminating the parental rights of the father and ordering the Department to remove the father's information.
1102. Correction of Birth and Death Records.
A. Any certification item on a live birth or death record may be corrected by the Bureau of Vital Statistics within one (1) year of the event if the Bureau of Vital Statistics becomes aware of incorrect information on a record. Any institution or individual responsible for the original submission of data shall assist in the collection of evidence of the error and correct information upon request of the Bureau of Vital Statistics. Evidence submitted in support of a correction is subject to approval by the State Registrar.
B. When the demographic portion of a death certificate is filed by a coroner due to the inability to contact the family to select a funeral home, the death certificate may be corrected to update any incorrect demographic information and to list the funeral home selected upon submission of a funeral home worksheet and the signed contract with the family.
C. Correction of items that do not appear on certifications may be made by the Bureau of Vital Statistics upon identification or query.
D. When such corrections are made by the Bureau of Vital Statistics, a notation as to the source of the information, the date the change was made, and the identity of the authorized vital statistics employee making the change shall be made on the record in such a way as not to become a part of any certification issued. Any certified copy shall not be marked as "Amended."
1103. Administrative Amendment of Birth and Death Records.
A. Unless otherwise provided in this regulation or in statute, all administrative amendments to live birth and death records shall be supported by documentary evidence and a notarized affidavit. The notarized affidavit shall be on a form created by the Bureau of Vital Statistics setting forth:
(1) information to identify the record;
(2) the items to be amended;
(3) the incorrect information as it appears; and
(4) the correct information as it should appear and supported by documentary evidence.
B. To amend a live birth record, an application shall be initiated and signed by the parents, the legal guardian, or the registrant if eighteen (18) years of age. Amendments to the registrant's information on a birth record, if eighteen (18) years of age or older, must be signed by the registrant unless the registrant is incapacitated or deceased. Affidavits to amend the information on a birth record for deceased individuals may be signed by the decedent's next of kin with adequate supporting documentation.
C. To amend demographic certification items on a death record, an affidavit of amendment shall be signed by the informant or, in the case of the death or incapacity of the informant, the adult next of kin of the deceased.
D. The medical certification items on a death record may only be amended upon receipt of a signed statement or approved electronic notification from the medical certifier who originally certified the cause of death. In the absence or inability of the medical certifier, the cause of death may be amended upon receipt of a signed statement or an approved electronic notification from his or her duly authorized medical associate, or the chief medical officer of the institution in which death occurred, or a medical examiner, or coroner who assumes jurisdiction of the case. The Department may require documentary evidence to substantiate the requested amendment.
E. Upon acceptance of the requested amendment by the Department, records of live birth and death shall be amended by the Department by adding the new information to the record in a manner that preserves the existing information for audit purposes.
F. Amended records shall be marked as "Amended" on certifications of the record. The date of the change and what item was changed shall also be shown on certifications of the record except on certifications of the record in cases of sealed amendments as described in Section 1109.
1104. Documentary Evidence Required to Amend Birth and Death Records.
A. With the exception of corrections as outlined in Section 1102, or an amendment to the medical certification, one or more items of documentary evidence must be presented that support the alleged facts. All documents presented must contain sufficient information to clearly indicate that they pertain to the registrant on the record for which the amendment or correction has been requested.
(1) Documents presented must be from independent sources. Family documents that are not independently filed by a government entity, such as records from bibles or genealogical records, are not acceptable.
(2) Documents must be in the form of the original record or must be a duly certified copy or excerpt thereof from the original custodian of the record and may not contain alterations of any kind, including strike out, whiteout, or other forms of alteration unless approved by the State Registrar.
(3) For live birth records, the earliest evidence available is preferable to show consistency of use. In general, documents submitted must have been established prior to the registrant's eighteenth (18th) birthday or at least ten (10) years prior to the date of application for the amendment unless otherwise specified by the State Registrar. For amendments to the registrant's information, the evidence submitted must contain the full name of the registrant and at least one (1) other identifier such as the date of birth or age.
(4) For death records, the evidence submitted to support an address change must have been established within one (1) year prior to death unless otherwise specified by the State Registrar. For amendments to other certification items on the death record:
(a) Signatures and signatories shall not be amended;
(b) Other personal and statistical items on the death record shall be amended with supporting documentary evidence that is acceptable to the State Registrar.
(c) The informant's name may only be amended to correct minor errors in spelling without an order from a court of competent jurisdiction.
B. Documents for other certification items will be accepted at the discretion of the State Registrar or their designee.
C. The State Registrar or their designee shall evaluate the evidence submitted in support of any amendment, and when he or she finds reason to doubt its validity or adequacy, the amendment may be rejected and the applicant advised of the reason(s).
1105. Addition of Registrant's Names on Live Birth Records.
A. Until the registrant's first birthday, names may be added for unnamed registrants upon receipt of an affidavit of amendment form created by the Bureau of Vital Statistics and signed by the parents named on the record or the legal guardian of the registrant.
B. For a person aged one (1) to ten (10) years of age, names may be added for unnamed registrants upon presentation of one (1) piece of documentary evidence in accordance with Section 1104.
C. For a person older than ten (10) years of age, names may be added for unnamed registrants upon presentation of two (2) pieces of documentary evidence in accordance with Section 1104. At least one (1) of the documents must have been created within the first eighteen (18) years of life.
D. Section 1105 applies to the addition of names only for unnamed registrants. Changes to names already included on a birth record, with the exception of corrections or amendments, or adding names to an already named child, shall be accomplished in accordance with Section 1110.
1106. Date of Birth Amendments to Live Birth Records.
A. The date of live birth cannot be changed to a date that is after the date the live birth record was registered.
B. The date of live birth may be amended with a certified copy of a record from the hospital of birth and an affidavit created by the Department and signed by a party listed in Section 1103(B).
C. Other administrative amendments to the date of live birth may be made provided that an affidavit created by the Department and signed by a party listed in Section 1103.B presents a minimum of two (2) documents that adequately support that the registrant has consistently used the date from childhood and the change does not make the live birth date after the date the live birth record was registered. At least one (1) of the documents must have been created within eighteen (18) years of the alleged date of live birth. The change cannot be made if that change would conflict with any live birth record registered in the Bureau of Vital Statistics for other children of the same birth mother.
1107. Amendments to Marital Status on Death Records.
A. When the marital status is shown as married and a surviving spouse is listed on the death record of the decedent then the marital status shall be changed to:
(1) widowed and the spouse removed if a death certification for the spouse is submitted documenting that the spouse died prior to the death of the decedent.
(2) divorced or never married and the spouse removed if a certification of divorce/annulment is submitted documenting that the event occurred prior to the death of the decedent.
B. If the marital status is shown as married and surviving spouse is listed as unknown or is blank on the death record, then a marriage certification must be provided to add the name of the surviving spouse.
C. If the marital status is shown as married and the surviving spouse is listed on the death record then an order from a court of competent jurisdiction will be needed to change that spouse to a different person.
D. When the marital status is shown as divorced, widowed, or never married and no surviving spouse is listed on the death record of the decedent then the marital status shall be amended to married and the surviving spouse added upon receipt of:
(1) a certified copy of a marriage record showing that the person to be listed as surviving spouse was married to the decedent and an affidavit of correction signed by the informant and the alleged surviving spouse; or
(2) an order from a court of competent jurisdiction finding that the person was married to the decedent at the time of the decedent's death.
E. Other changes to marital status and surviving spouse will be made only upon the finding of a court of competent jurisdiction in an order that determined the marital status of the decedent and identifies the surviving spouse, if appropriate.
1108. Amendments to Also Known As ("a/k/a") Names on Death Certificates.
Addition of a/k/a name(s) to a death certificate that were not present at the time the record was filed may be made if a document is produced that contains both names and another identifier that clearly identifies the decedent as using both names. An a/k/a for the decedent's name prior to first marriage may be made if a marriage license is provided that shows the name prior to marriage and matches the surname listed on the death certificate.
1109. Sealed Amendments and Replacement Records of Live Birth.
A. The replacement record of live birth prepared pursuant to state law shall be on the form in use at the time of its preparation and shall include the following items and such other information necessary to complete the record of live birth:
(1) the name of the child;
(2) the date, city, and county of live birth as transcribed from the original report of live birth;
(3) the names and personal information of the parents after establishment of parentage;
(4) the state file number assigned to the original record of live birth unless it has been changed through the amendment process; and
(5) the original date of registration.
B. The information necessary to locate the existing report of live birth and to complete the replacement report of live birth shall be submitted to the Department on forms prescribed or approved by the State Registrar.
C. After preparation of the replacement record of live birth, the prior record of live birth and the evidence upon which the replacement record of live birth was based shall be placed in a sealed file.
D. With the exception of an adoption of an adult, certifications of birth records of adopted children shall not be marked amended.
E. Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files. The adoptive certificate and evidence shall be placed in a sealed file.
F. If no certificate of birth is on file for the person for whom a replacement record is to be established under this section, a delayed certificate of birth must be filed with the Department before a new record of live birth is established. Evidence for a delayed certificate of birth shall not be required when the date and place of birth and parentage have been established in an adoption proceeding.
G. When a child is born through a gestational carrier agreement, and a pre-birth order from a court of competent jurisdiction establishing parentage was not obtained in accordance with Section 501.G, a post-birth order is acceptable when the order contains all of the following information and it matches the information that was provided to register the birth certificate:
(1) The full name and date of birth of the gestational carrier;
(2) The date of birth and name listed on the child's birth certificate;
(3) The hospital or place of birth;
(4) A finding of no parental rights to the child of the gestational carrier and her spouse, if married; and
(5) The full names (including names prior to first marriage), dates of birth, state of birth (or country, if foreign born), and any other necessary information of the intended parents to create the replacement certificate.
1110. Amendments by Court Order.
A. Upon receipt of a certified copy of a court order changing a birth or death record on file in the Bureau of Vital Statistics and upon request of an entitled person, the Bureau of Vital Statistics shall record the changes by completion of a special form developed by the Department. Such form shall include the original information as it appears on the original certificate, the information as changed by the court order, identification of the court which issued the order and the date of the order, and sufficient information about the registrant or decedent to link the special form to the original record. Upon completion of the amendment, the certified order will be maintained in a sealed file as defined in Section 1101.D.
B. When an electronic certification is issued, the items amended by the court and the date of the amendment must be noted. When a certified copy of the original record is issued, a copy of the special form must be attached.
C. Birth and death records amended by court order shall be marked "Amended by Court Order," except in parentage amendments made pursuant to S.C. Code Section 44-63-163.
D. When a parent's rights are terminated pursuant to an order from a court of competent jurisdiction, a special form is prepared by the Bureau of Vital Statistics indicating that the rights have been terminated and the certificate will not be issued to that parent after the order is received. The name of the parent will not be removed from the certificate unless it is specifically stated in the order.
1111. Administrative Amendments to Parental Titles.
A. Parental titles on a birth certificate may be designated as mother, father, or parent. Upon request of the parent listed on the certificate of a minor child, the title may be changed one (1) time for each parent upon receipt of an affidavit created by the Department and signed by the parent whose title is to be changed, stating the title the parent would prefer to be listed for their name only on the certificate.
B. Subsequent changes to the parental titles will require an order from a court of competent jurisdiction.
C. If the affidavit is completed within the first year of life, no special filing fee will be charged for creation of the affidavit and no notation will be made on the face of the certificate.
D. For certificates of adults, the affidavit must also be signed by the registrant showing consent to the parental title change.
E. Parental titles on a death certificate may be designated as mother, father, or parent. Upon request of the informant or a parent listed on the certificate, the title may be changed one (1) time for each parent upon receipt of an affidavit created by the Department and signed by the informant and the parent.
1112. Amendment of the Same Certification Item More than Once.
A. Once there has been an administrative amendment to a certification item on a vital record, except for cause and manner of death to be amended by the medical certifier or clerical error on the part of the Department, that same certification item shall not be amended again except upon receipt of an order from a court of competent jurisdiction.
B. Once an amendment by court order or parentage amendment is made to a vital record, no other amendments may be made to the same record without a subsequent order from a court of competent jurisdiction.
1200. CERTIFICATIONS FROM THE SYSTEM OF VITAL STATISTICS
A. A certification of a live birth, death, marriage, or report of divorce, or any part thereof, issued in accordance with this section, shall be considered for all purposes the same as the original and shall be prima facie evidence of the facts stated therein.
B. The applicant for a certification shall be required to submit a signed application, proof of identity, and evidence of entitlement. Upon receipt of an application and before issuing a certification:
(1) Proof of identity must be acceptable to the Bureau of Vital Statistics;
(2) Evidence of entitlement must demonstrate that the applicant is qualified to receive a certification; and
(3) The Bureau of Vital Statistics may verify with originating agencies the proof of identity documents and evidence of entitlement submitted in support of an application.
C. All certifications of vital records registered in the state system shall be issued from the state's central database.
D. For the purpose of obtaining certified copies of death records on behalf of the deceased's family at the time of registration, a funeral director or person acting as such, or the informant, shall be deemed a legal representative for up to one (1) year from the date of death.
E. No certification shall be issued without a first name for the registrant except by subpoena or to a government agency for adoption or custody purposes.
F. Information listed on live birth, death, marriage, or divorce records as administrative, statistical, medical, or health use only shall not be included in a certification of the vital record. The minimum fields of information that will be included on a birth certification are:
(1) Registrant's full name, date of birth, place of birth, and sex;
(2) The parent's names and places of birth if listed on the original certificate; and
(3) The dates of registration and issuance.
G. Each certification issued shall be certified as a true representation of the facts on file, the date issued, the state file number, and the registrar's signature or an authorized facsimile thereof. Each copy issued shall show the date of filing and copies issued from records marked "Delayed," "Amended," or "Amended by Court Order" shall be similarly marked and show the effective date.
H. Verification of the facts contained in a vital record may be furnished by the Bureau of Vital Statistics to any government agency in the conduct of its official duties. The request for verification must:
(1) include an application listing the facts of the event including, at a minimum, names and dates and be in a format prescribed or approved by the Bureau of Vital Statistics; or
(2) be submitted electronically through an automated system approved by the Bureau of Vital Statistics if the requester attests to having the certification and can provide the state file number and date of registration.
(3) Verifications are subject to the record search fee schedule in Section 1300, except in cases where the verification is needed for an active criminal investigation by a verified law enforcement agency.
I. When the State Registrar receives information that a record may have been registered, corrected, or amended through fraud or misrepresentation, he or she may withhold issuance of any certification of that record pending inquiry by appropriate authorities to determine whether fraud or misrepresentation has occurred.
(1) If upon conclusion of the inquiry no fraud or misrepresentation is found, certifications shall be issued upon the request of a qualified applicant.
(2) If upon conclusion of the inquiry there is reasonable cause to suspect fraud or misrepresentation, the Bureau of Vital Statistics shall give the person named in the record notice in writing of his or her intention to void said record or cancel the amendment. The notice shall give such person an opportunity to appear and show cause why the record should not be voided or the amendment cancelled. The notice may be served on such person or, in the case of a minor, on his or her parent or legal guardian by registered mail to his or her last known address.
(3) Unless such person or his or her parent or legal guardian shall, within thirty (30) calendar days after the date of mailing, show cause why the certificate shall not be voided or the amendment cancelled, the record shall be so voided or the amendment cancelled.
(4) The voided record or amendment and evidence shall be retained but shall not be subject to inspection or copying except upon order of a court with competent jurisdiction over the Department or by the Bureau of Vital Statistics for purposes of administering the vital statistics program.
J. When the State Registrar receives information that an application for a certification may have been submitted for purposes of fraud or misrepresentation, he or she may withhold issuance of the certification requested pending inquiry by appropriate authorities to determine whether fraud or misrepresentation has occurred.
(1) If upon conclusion of the inquiry no fraud or misrepresentation is found, certification shall be issued.
(2) If upon conclusion of the inquiry there is reasonable cause to suspect fraud or misrepresentation, the requested certification shall not be issued and the Bureau of Vital Statistics shall provide copies of the application and evidence to appropriate authorities for further investigation.
(3) The application and evidence shall be retained but shall not be subject to inspection or copying except upon order of a court with competent jurisdiction over the Department or by the Bureau of Vital Statistics for purposes of administering the vital statistics program.
K. All applications and supporting documentation submitted for the purpose of issuing certifications of vital records shall be confidential and shall not be released without acceptable authorization provided to the Department by the person listed as the applicant, except upon receipt of an order from a court of competent jurisdiction.
L. Certifications of vital records will be issued in electronic format unless the electronic format does not accurately reflect information contained in the original record as determined by the State Registrar. If the electronic format of the certification cannot be produced, a book copy will be issued when the record is requested by an entitled party.
1300. FEES
Fees generated by the following fee schedule shall be retained and expended by the Department to offset the cost of operation of the Vital Records System.
FEE SCHEDULE
a.
*Records Search (includes one certification, if located)
$ 12.00
b.
Additional Similar Certifications of the Same Record ordered
$ 3.00
c.
Expedited Service (additional to other required fees)
$ 5.00
d.
*Index Verification for Government Agencies
$ 2.00
e.
*Special Filing Fees (additional to search fee)
(1) Correction of certificate by affidavit
$ 15.00
(2) Amended certificate (adoption, legitimation court order, paternity acknowledgment
$ 15.00
(3) Delayed Registration of Birth
$ 15.00
*Indicates a non-refundable fee
HISTORY: Amended by State Register Volume 22, Issue No. 6, Part 2, eff June 26, 1998; State Register Volume 26, Issue No. 6, Part 2, eff June 28, 2002; State Register Volume 40, Issue No. 6, Doc. No. 4580, eff June 24, 2016; SCSR 47-5 Doc. No. 5118, eff May 26, 2023.
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