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Bill Number: 341 Ratification Number: 124 Act Number 87 Introducing Body: Senate Subject: Issuance and filing of amended birth certificates
(A87, R124, S341)
AN ACT TO AMEND SECTION 20-7-1790, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ISSUANCE AND FILING OF AMENDED BIRTH CERTIFICATES, SO AS TO PROVIDE A PROCEDURE IN ADOPTIONS FOR THE FAMILY COURT TO DETERMINE THE DATE AND PLACE OF BIRTH WHEN THE ADOPTEE IS NOT BORN IN THE UNITED STATES AND NOT A CITIZEN OF THE UNITED STATES AT BIRTH AND TO AMEND SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTEES, SO AS TO REVISE THE PROCEDURE FOR ISSUING THE CERTIFICATES.
Be it enacted by the General Assembly of the State of South Carolina:
Adoption of a person born in a foreign country
SECTION 1. Section 20-7-1790(C) and (E) of the 1976 Code, as last amended by Act 464 of 1986, respectively are further amended to read:
"(C) In the case of a person who was born in a foreign country and who was not a United States citizen at birth, the court shall require evidence from sources determined to be reliable by the court as to the date and place of birth of the person and shall set forth in the order of the court the date and place of birth as established by the evidence. The court order and evidence submitted to the court must be attached to the Certificate of Adoption and transmitted to the State Registrar.
(E) The State Registrar, upon receipt of a certified Certificate of Adoption, shall take action as provided by Section 44-63-140 with respect to the issuance and filing of an amended certificate."
Issuance of supplementary or amended birth certificates
SECTION 2. Section 44-63-140 of the 1976 Code is amended to read:
"Section 44-63-140. Upon receipt of a certified Certificate of Adoption pursuant to Section 20-7-1790:
(1) 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 real parents, except that an adoption of an adult must display the words 'By Adoption' on the face of the amended certificate.
The State Registrar shall furnish a copy of the amended certificate to the county registrar who shall file the amended certificate in lieu of the copy of the original birth certificate. The State Registrar shall require the county registrar to return the copy of the original certificate recorded at the county office to the state office to be placed in the special sealed file. Periodically, the State Registrar shall transmit copies of amendatory certificates to the county registrar in the county of birth.
(2) When adoption is decreed by a family court in this State of a person born in a foreign country who was not a United States citizen at birth and evidence of the date and place of birth submitted to the court and the court order setting forth the date and place of birth are attached to the Certificate of Adoption, the State Registrar, when directed by the court order, 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 show 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.
?(3) If the person was born in a foreign country and was a United States citizen at the time of birth, the State Registrar may not prepare a 'Certificate of Foreign Birth' but shall notify the adoptive parents of the procedure for obtaining a revised birth certificate for their child through the United States Department of State.
(4) For a person born in another state in the United States, the State Registrar shall transmit the certified Certificate of Adoption to the State Registrar in the state of birth."
SECTION 3. This act takes effect July 1, 1987.