A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-63-140, RELATING TO SUPPLEMENTARY OR AMENDED BIRTH CERTIFICATES FOR ADOPTED PERSONS, SO AS TO ALLOW AN ADOPTED PERSON EIGHTEEN YEARS OR OLDER TO RECEIVE A COPY OF THE PERSON'S ORIGINAL BIRTH CERTIFICATE UPON SUBMITTING A WRITTEN REQUEST TO THE STATE REGISTRAR; AND FOR OTHER PURPOSES.
Summary
H5487 amends South Carolina’s law governing supplementary and amended birth certificates for adopted persons. Under current law, an adopted person receives an amended birth certificate that replaces the original record and the original certificate is generally sealed from inspection. This bill would allow an adoptee who is 18 or older and was born in South Carolina to obtain a copy of the original birth certificate by written request to the state registrar, so long as a biological parent has consented in writing or a biological parent is certified as deceased. The access applies retroactively, regardless of when the adoption was finalized.
The bill also requires the Department of Public Health or vital records office to provide forms for biological parents to indicate contact preferences and to submit medical history information. Those forms would be filed with the sealed record and released to the adoptee along with the original birth certificate. The copy provided to the adoptee would be clearly marked as not a certified copy and could not be used for legal purposes, and the department would redact information about any biological parent who has not consented unless that parent is deceased.
Impact
If enacted, the bill would narrow the confidentiality protections around sealed adoption records in South Carolina by creating a new pathway for adult adoptees to obtain their original birth certificates and related adoption evidence. It would amend Section 44-63-140 of the South Carolina Code of Laws and require the state registrar to process requests, redact nonconsenting biological parent information, and manage contact preference and medical history forms. The bill would affect adoptees born in South Carolina, biological parents, and the state vital records system, while preserving the existing amended birth certificate process for adoptive parents.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the measure appears to be framed as a records-access and family-information bill rather than a controversial policy overhaul. Its structure suggests a compromise approach: it expands access for adult adoptees while preserving biological parent privacy through consent, redaction, and optional contact-preference forms. The overall sentiment implied by the bill is generally supportive of adoptee access and reunification information, with safeguards intended to make the change more acceptable to privacy-minded stakeholders.
Contention
The main point of contention is likely the balance between an adult adoptee’s interest in accessing their original identity records and a biological parent’s interest in privacy and anonymity. Supporters would likely emphasize transparency, personal history, and medical-information access, while opponents may object to reopening sealed records or to the retroactive application of the law. The bill attempts to address those concerns by requiring parental consent or proof of death, allowing redaction of nonconsenting parents’ information, and making contact optional through preference forms.