A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTED PERSONS, SO AS TO ALLOW AN ADOPTED PERSON EIGHTEEN YEARS OR OLDER TO RECEIVE A COPY OF THE PERSON'S ORIGINAL BIRTH CERTIFICATE UPON SUBMITTING A WRITTEN REQUEST TO THE STATE REGISTRAR; AND FOR OTHER PURPOSES.

 

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

 

SECTION 1.  Section 44-63-140(1) of the S.C. Code is amended to read:

 

    (1)(a) For a person born in this State, the state registrar shall prepare a supplementary Certificate of Birth in the name of the adoptee, free of any reference to or indication of the fact that the child was adopted and showing the adoptive parents as the parents, except that an adoption of an adult must display the words "By Adoption" on the face of the amended certificate.

       (b)(i) The original birth certificate and the evidence of adoption are not subject to inspection, except upon order of a court of competent jurisdiction or as provided in this subitem.

           (ii) A person eighteen years of age or older who was born in the State of South Carolina and who has had his original certificate of birth sealed due to an adoption may, upon written request to the state registrar, receive a copy of his original birth certificate and any evidence of the adoption held with the original record, regardless of the date on which the adoption was finalized., if:

               (A) a biological parent has completed a form consenting to the release of the original birth certificate or has provided notarized written consent to the release of the original birth certificate;  or

               (B) the adoptee brings to the department a certification from the department or an office of vital records in another jurisdiction certifying that a biological parent is deceased.

               This provision allows adoptees who have reached the age of eighteen to access a copy of their original birth certificate and accompanying evidence of adoption with the consent of a biological parent, or if a biological parent is deceased, and applies retroactively, regardless of the date on which the adoption was finalized.

           (iii) The form referenced in subitem (b)(ii) also must allow for a biological parent to indicate contact preference and to consent to release of medical history pursuant to item (1)(c).  The copy of the original birth certificate must be in a form that clearly indicates it is not a certified copy and that it may not be used for legal purposes.  All procedures, fees, and waiting periods applicable to nonadopted citizens born in the State of South Carolina seeking copies of certificates of birth apply.

           (iv) Whenever an adoptee who has reached the age of eighteen applies for a copy of his original birth certificate and accompanying evidence of adoption, the department shall redact from the copy all information as to any biological parent that has not given consent in accordance with this section, unless certified as deceased.

       (c) The department shall develop a contact preference form and a medical history form to provide to a biological parent upon request to be completed at his option. Upon completion, a contact preference form and a medical history form must be filed with the state registrar and accompany an original sealed birth certificate issued to an adoptee pursuant to subitem (b).

       (d)(i) The contact preference form must allow the biological parent to indicate whether he has completed or updated a medical history form and must allow the biological parent to choose one of the following contact options and provide contact information as appropriate:

               (1)(A) I would like to be contacted.

               (2)(B) I would prefer to be contacted only through an intermediary.

               (3)(C) I prefer not to be contacted at this time. If I decide later that I would like to be contacted, I will submit an updated contact preference form to the state registrar.

            (ii) Only department staff authorized to process applications made pursuant to subitem (b) may process contact preference and medical history forms.

       (e)(i) The medical history form and contact preference form are confidential communications from the biological parent to the person named on the sealed birth certificate and must be placed in a sealed file upon receipt from the biological parent in the file containing the sealed original birth certificate.

           (ii) The sealed file containing the contact preference form and medical history form must be released to an adoptee requesting the adoptee's own original birth certificate pursuant to subitem (b).

           (iii) The contact preference form and medical history form are private communications from the biological parent to the adoptee named on the sealed birth certificate, and the state registrar shall retain a copy of the forms upon release to the adoptee.

 

SECTION 2.  This act takes effect upon approval by the Governor.

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