H 3086

South Carolina General Assembly
126th Session, 2025-2026
Bill 3086
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
44-63-145 SO AS TO REQUIRE THE DEPARTMENT OF PUBLIC HEALTH TO ISSUE UPON
RECEIPT OF CERTAIN DOCUMENTATION A CERTIFICATE OF FOREIGN BIRTH FOR A CHILD
WITH UNITED STATES CITIZENSHIP WHO IS BORN IN A FOREIGN COUNTRY TO A PARENT WHO
IS A RESIDENT OF SOUTH CAROLINA; AND BY AMENDING SECTION 44-63-140, RELATING TO
SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES, SO AS TO MAKE A TECHNICAL
CORRECTION.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 63, Title 44 of the S.C. Code is amended by
adding:
    Section
44-63-145. (A)(1) Upon receipt of
evidence of United States' citizenship and foreign birth record for a child
born in a foreign country who was a United States citizen at the time of birth
and born to a parent that is a resident of this State, the state registrar
shall prepare, upon request, a "Certificate of Foreign Birth."
       (2)
The certificate, and any issued copy of the certificate, must be labeled
"Certificate of Foreign Birth" and must show the actual country of birth.
       (3)
The name of the child to be displayed on the certificate must be in concurrence
with the name displayed on the evidence of United States' citizenship.
    (B)(1) When the name on the evidence of
United States' citizenship is contrary to the name listed on the foreign birth
record, the state registrar shall list the name as indicated on the evidence of
United States' citizenship.
       (2)
If reasonable doubt exists as to the identity of the child, the applicant may
be required to provide additional documentary evidence such as documentation of
customary usage to include, but not be limited to, school records, medical
records, United States passport, or a court order that provides for a legal
change of name that is in concurrence with the evidence of United States'
citizenship.
       (3)
If the child's name was changed by a court order, the applicant must submit a
copy of the court order. The court order must list both the child's current and
former name. Court orders may be accepted from any court of competent
jurisdiction, whether foreign or domestic. Unless there is reason to believe
otherwise, it may be assumed that any court order provided was issued by a
court of competent jurisdiction.
    (C) Evidence
of United States' citizenship must consist of documentation issued by the
United States Department of State to include the Consular Report of Birth
Abroad (FS-240), Certification of Birth Abroad (FS-545), or Certification of
Report of Birth (DS-1350).
    (D) The
state registrar shall furnish a copy of the certificate to the county registrar
who shall file the certificate.
SECTION 2.  Section 44-63-140(3) of the S.C. Code is amended to
read:
    (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 Consular Report of Birth Abroad
(FS-240) for their child through the United States Department of State.
SECTION 3.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 06, 2024 at 10:36 AM