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The Original Birth Certificate is a civil right for adoptees
The Myth of closed adoption - coming soon
Bill
3627 - which was filed is 2002 - did not pass - never made it out of house
committee
(copy of bill below)
Indicates Matter Stricken
Indicates New Matter
Bill Number: 3627 Type of
Legislation: General Bill GB
Introducing Body: House
Introduced Date:
2-22-2001
Primary Sponsor: Whipper
All
Sponsors:
Whipper, Breeland, R. Brown, Gourdine,
J. Hines, M. Hines, Hosey, Lee, Lloyd, Mack,
Parks and Whatley
Drafted Document Number:
l:\council\bills\nbd\11137ac01.doc
Residing Body: House
Current Committee: Judiciary Committee 25 HJ
Subject:
Adoption records, agencies to disclose
file upon written request when adoptee twenty-
one or older; Minors
History
Body Date Action
Description
Com Leg Involved
______ ________ ______________________________________ _______
____________
House 20010222 Introduced, read first
time, 25 HJ
referred to Committee
Versions of This Bill
(Text matches printed bills. Document has been
reformatted to meet World Wide Web specifications.)
A BILL
TO AMEND SECTION 20-7-1780,
AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
CONFIDENTIALITY OF ADOPTION HEARINGS AND RECORDS, AND CIRCUMSTANCES UNDER WHICH
THE IDENTITIES OF AN ADOPTEE, THE BIOLOGICAL PARENTS, AND THE SIBLINGS OF THE
ADOPTEE MUST BE DISCLOSED, SO AS TO DELETE THE REQUIREMENT THAT AFFIDAVITS OF
THE ADOPTEE, THE BIOLOGICAL PARENTS, AND SIBLINGS MUST BE ON FILE AUTHORIZING
DISCLOSURE AND TO REQUIRE ADOPTION AGENCIES TO DISCLOSE UPON WRITTEN REQUEST
WHEN AN ADOPTEE IS TWENTY-ONE YEARS OF AGE OR OLDER.
Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section
20-7-1780(E)
of the 1976 Code, as last amended by Act 567 of 1990, is further amended to
read:
"(E)(1) The public
adoption agencies agency responsible for the placement
shall furnish to an adoptee the identity of the adoptee's biological parents and
siblings and to the biological parents and siblings the identity of the adoptee under
the following conditions:
(a)
if the adoptee must be is twenty-one years of age
or older, and the. The applicants shall apply in writing
to the adoption agency for the information.
(b)
The adoption agency must have a current file containing affidavits from
the adoptee and the biological parents and siblings that they are willing to
have their identities revealed to each other. The affidavit also must include a
statement releasing the agency from any liability due to the disclosure. It is
the responsibility of the person furnishing the affidavit to advise the agency
of a change in his status, name, and address.
(c)
The adoption agency shall establish and maintain a confidential register
containing the names and addresses of the adoptees and biological parents and
siblings who have filed affidavits. It is the responsibility of a person whose
name and address are in the register to provide the agency with his current name
and address.
(d)
The adoption agency shall make available to the adoptee and his
biological parents and siblings shall undergo counseling by
the adoption agency concerning the effects of the disclosure. The
adoption agency may charge a fee for the services, but;
however, services must not be denied because of inability to pay.
(2)
No disclosure may be made within thirty days after compliance with these
conditions. The director of the adoption agency may waive the thirty-day period
in extreme circumstances.
(3)
The adoption agency may delay disclosure for twenty days from the expiration
of the thirty-day period receipt of the application to allow
time to apply to a court of competent jurisdiction to enjoin the disclosure for
good cause shown."
SECTION 2. This act takes effect upon
approval by the Governor.
(this bill never made it out of judicial committee)
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