Current Status Bill Number:456 Ratification Number:129 Act Number:69 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970304 Primary Sponsor:Wilson All Sponsors:Wilson and Giese Drafted Document Number:psd\7082ac.97 Companion Bill Number:3790 Date Bill Passed both Bodies:19970522 Date of Last Amendment:19970520 Governor's Action:S Date of Governor's Action:19970610 Subject:Foreign adoption, adoption forms and guidelines for obtaining domestication of, Minors, Birth certificates, DHEC
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ ------ 19970630 Act No. A69 ------ 19970610 Signed by Governor ------ 19970604 Ratified R129 Senate 19970522 Concurred in House amendment, enrolled for ratification House 19970521 Read third time, returned to Senate with amendment House 19970520 Amended, read second time House 19970514 Committee report: Favorable with 25 HJ amendment House 19970423 Introduced, read first time, 25 HJ referred to Committee Senate 19970418 Read third time, sent to House Senate 19970417 Read second time, unanimous consent for third reading on Friday, 19970418 Senate 19970416 Committee report: Favorable with 11 SJ amendment Senate 19970304 Introduced, read first time, 11 SJ referred to CommitteeView additional legislative information at the LPITS web site.
(A69, R129, S456)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-1795 SO AS TO PROVIDE THAT IN THE CASE OF DOMESTICATING THE FOREIGN ADOPTION OF A FOREIGN CHILD, THE COURT SHALL TRANSMIT THE CERTIFICATE OF ADOPTION TO THE STATE REGISTRAR WITHOUT THE NECESSITY OF A HEARING UNLESS THE COURT FINDS THE REQUIRED DOCUMENTATION UNSATISFACTORY, TO PROVIDE FOR THE REQUIRED DOCUMENTATION, TO REQUIRE COURT ADMINISTRATION IN CONSULTATION WITH THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL TO PREPARE AND MAKE AVAILABLE PETITION FORMS AND GUIDELINES FOR OBTAINING THE DOMESTICATION OF A FOREIGN ADOPTION, AND TO REQUIRE THE STATE REGISTRAR TO ISSUE AN AMENDED CERTIFICATE OF BIRTH PURSUANT TO THE ORDER; AND TO AMEND SECTION 44-63-140, AS AMENDED, RELATING TO SUPPLEMENTARY AND AMENDED BIRTH CERTIFICATES, SO AS TO PROVIDE THE FORM AND MANNER IN WHICH A CERTIFICATE OF FOREIGN BIRTH MUST BE ISSUED FOLLOWING AN ORDER PURSUANT TO SECTION 20-7-1795.
Be it enacted by the General Assembly of the State of South Carolina:
Recognition and domestication of a foreign adoption; documentation; petition; and guidelines
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-1795. (A) Notwithstanding the provisions of Section 20-7-1790(A) and (B), in the case of a child born in a foreign country who was not a United States citizen at birth and whose adoption was finalized in a foreign country, the court shall review the documentation as required by this section and, if it finds the documentation to be satisfactory, shall issue an order stating that the documentation required by this section has been submitted and is satisfactory and that the foreign adoption must be recognized and domesticated in South Carolina. The court shall transmit the order and the certificate of adoption to the State Registrar of Vital Statistics without the necessity of a hearing unless the court finds the documentation submitted pursuant to subsection (B) is unsatisfactory and such finding is stated in the order resulting from the hearing.
(B) Documentation required to be submitted to the court includes, but is not limited to:
(1) a verified petition seeking domestication of the foreign adoption;
(2) a post foreign adoption home study completed by a person certified pursuant to Section 20-7-1750 which evaluates the adjustment and progress of the child and family since adoption;
(3) naturalization papers, if available;
(4) other documentation as the court may request as stated in materials developed pursuant to subsection (C).
(C) Court administration in consultation with the Department of Health and Environmental Control shall develop petition forms, including documentation required to be filed with the petition, and guidelines for obtaining the domestication of a foreign adoption. These forms and guidelines must be available to the public upon request at all county clerks of court offices and at Department of Health and Environmental Control offices.
(D) The state registrar, upon receipt of the order and certificate of adoption shall take action as provided in Section 44-63-140 with respect to the issuance and filing of an amended certificate of birth."
Issuance of certificate of foreign birth
SECTION 2. Section 44-63-140 of the 1976 Code, as last amended by Act 341 of 1988, is further amended by adding at the end:
"(5) When adoption is decreed in a foreign country of a person born in that country and the procedures set forth in Section 20-7-1795 are followed, upon receipt of the court order with its findings and the certificate of adoption, the state registrar shall prepare a 'Certificate of Foreign Birth'. The certificate, and any issued copy of the certificate, must be labeled 'Certificate of Foreign Birth' and must state the actual country of birth. A statement also must be included on the certificate, and any issued copy of the certificate, that it is not evidence of United States' citizenship for the person for whom it is issued."
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 10th day of June, 1997.