South Carolina Code of Regulations
Chapter 61 - DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL
Subchapter 61-19 - Vital Statistics
Sec2 61-19.1100 - CORRECTION AND AMENDMENT OF VITAL RECORDS
Section 61-19.1100.1109 - Sealed Amendments and Replacement Records of Live Birth

Universal Citation: SC Code Regs 61-19.1100.1109

Current through Register Vol. 48, No. 9, September 27, 2024

A. The replacement record of live birth prepared pursuant to state law shall be on the form in use at the time of its preparation and shall include the following items and such other information necessary to complete the record of live birth:

(1) the name of the child;

(2) the date, city, and county of live birth as transcribed from the original report of live birth;

(3) the names and personal information of the parents after establishment of parentage;

(4) the state file number assigned to the original record of live birth unless it has been changed through the amendment process; and

(5) the original date of registration.

B. The information necessary to locate the existing report of live birth and to complete the replacement report of live birth shall be submitted to the Department on forms prescribed or approved by the State Registrar.

C. After preparation of the replacement record of live birth, the prior record of live birth and the evidence upon which the replacement record of live birth was based shall be placed in a sealed file.

D. With the exception of an adoption of an adult, certifications of birth records of adopted children shall not be marked amended.

E. Upon receipt of notice of annulment of adoption, the original certificate of birth shall be restored to its place in the files. The adoptive certificate and evidence shall be placed in a sealed file.

F. If no certificate of birth is on file for the person for whom a replacement record is to be established under this section, a delayed certificate of birth must be filed with the Department before a new record of live birth is established. Evidence for a delayed certificate of birth shall not be required when the date and place of birth and parentage have been established in an adoption proceeding.

G. When a child is born through a gestational carrier agreement, and a pre-birth order from a court of competent jurisdiction establishing parentage was not obtained in accordance with Section 501.G, a post-birth order is acceptable when the order contains all of the following information and it matches the information that was provided to register the birth certificate:

(1) The full name and date of birth of the gestational carrier;

(2) The date of birth and name listed on the child's birth certificate;

(3) The hospital or place of birth;

(4) A finding of no parental rights to the child of the gestational carrier and her spouse, if married; and

(5) The full names (including names prior to first marriage), dates of birth, state of birth (or country, if foreign born), and any other necessary information of the intended parents to create the replacement certificate.

Disclaimer: These regulations may not be the most recent version. South Carolina may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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