2005-2006 Bill 3990: Adoption Birth Records - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

H. 3990

STATUS INFORMATION

General Bill

Sponsors: Reps. Toole, Haley, Battle, Cato, Clyburn, Hosey, Jefferson, Miller and Rivers

Document Path: l:\council\bills\nbd\11729ac05.doc

Companion/Similar bill(s): 797

Introduced in the House on April 26, 2005

Currently residing in the House Committee on Judiciary

Summary: Adoption Birth Records

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

4/26/2005HouseIntroduced and read first time HJ34

4/26/2005HouseReferred to Committee on JudiciaryHJ34

VERSIONS OF THIS BILL

4/26/2005

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 2071792, SO AS TO PROVIDE THAT AN ADOPTEE TWENTYONE YEARS OF AGE OR OLDER MAY OBTAIN A COPY OF HIS OR HER ORIGINAL RECORD OF BIRTH FROM THE STATE REGISTRAR UNLESS WITHIN THE PAST THREE YEARS THE ADOPTEE’S BIRTH PARENT HAS FILED A NOTARIZED FORM WITH THE STATE REGISTRAR PROHIBITING RELEASE OF IDENTIFYING INFORMATION; TO REQUIRE A BIRTH PARENT TO BE GIVEN INFORMATION ABOUT PROHIBITING RELEASE OF SUCH INFORMATION AT THE TIME OF EXECUTING A CONSENT OR RELINQUISHMENT FOR ADOPTION; TO PROVIDE THAT THIS ACT APPLIES TO ADOPTIONS FINALIZED AFTER JUNE 30, 2005, AND APPLIES TO ALL OTHER ADOPTIONS BEGINNING JULY 1, 2009; AND TO REQUIRE THE STATE REGISTRAR TO CARRY OUT A PUBLIC SERVICE CAMPAIGN EDUCATING THE PUBLIC ABOUT THE PROVISIONS OF THIS ACT.

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

SECTION1.Subarticle 7, Article 11, Chapter 7, Title 20 of the 1976 Code is amended by adding:

“Section 2071792.(A)Notwithstanding any provision of this subarticle or any other provision of law, an adoptee twentyone years of age or older may obtain a copy of his or her original record of birth from the Office of the State Registrar. However, such a record may not be released if within the most recent three year period the birth parent has filed a notarized statement with the Office of the State Registrar prohibiting the release of any identifying information.

(B)At the time a birth parent executes a consent or relinquishment for adoption, the birth parent must be provided written information developed by the Office of the State Registrar concerning the right of the birth parent to execute a statement prohibiting the release of any identifying information, as provided for in subsection (A).

(C)This section applies to all adoptions finalized after June 30, 2005, and as of July 1, 2009, this section applies to adoptions finalized before July 1, 2005.”

SECTION2.As soon as practicable after July 1, 2005, the Office of the State Registrar shall begin conducting a public service campaign to inform the public of the provisions of this act and specifically that as of July 1, 2009, an adoptee twentyone years of age or older, who was adopted before July 1, 2005, may obtain a copy of his or her original birth certificate unless the adoptee’s birth parent files a document, in accordance with this act, prohibiting such disclosure.

SECTION3.This act takes effect July 1, 2005, except as otherwise provided for in this act.

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