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  1. #1
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    Default How to Get a Birth Certificate After Failing to Register a Home Birth

    My question involves paternity law for the State of: SC

    A couple had a home birth 7 years ago. They were and still are married (for now) The only documentation was when a midwife came and did the heel prick test. The form given to the couple has been lost. They are now trying to get a birth certificate (and I am helping) where do we begin?

  2. #2
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    If, due to their failure to act in a timely manner and failure to maintain proper documentation, they cannot obtain a birth certificate from the Department of Vital Records through its administrative processes, their remedy is to petition a court for a delayed birth certificate:
    Quote Quoting South Carolina Code, Sec. 44-63-100. Registering birth by way of petition for Delayed Certificate of Birth Established by Court Order.
    (A) A petition may be filed in the South Carolina family court of petitioner's residence, or if petitioner no longer resides in South Carolina, in a court of competent jurisdiction in the state of petitioner's residence, for an order establishing a record of the name at birth, subsequent name changes, gender at birth, gender changes, date of birth, county of birth, and the full name of the mother prior to any marriages, and the full name of the biological father of the person whose birth is sought to be registered by way of a Delayed Certificate of Birth Established by Court Order.

    (B) The petition must allege that the person for whom a delayed certificate of birth is sought was born in this State, that no record of birth exists, and that the petitioner has failed to produce the minimum required documentation to the State Registrar of Vital Statistics for an administrative establishment of a delayed birth certificate. A certification from the State Registrar of Vital Statistics must be attached to the petition stating that no birth record has been located in the records of this State. This certification must be dated less than two years before the petitions' filing date.

    (C) The petitioner shall serve a certified copy of the filed petition on the State Registrar of Vital Statistics at least thirty days before a scheduled hearing. The court shall fix the time and place of the hearing on the petition for establishment of birth registration, and at least ten days' notice in writing must be given to the State Registrar of Vital Statistics.

    (D) The court shall determine, and the order must include, the registrant's name at birth, subsequent name changes, gender at birth, gender changes, the date of birth, the county of birth, the full name of the mother prior to any marriages, the full name of the biological father, and additional findings as the court considers necessary. The order also must include a description of the evidence presented to the court. The order must be forwarded by the clerk of court to the State Registrar no later than thirty days following the month in which the order was entered by the court.

  3. #3
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    That you Mr. Knowitall (love the name) if we follow these procedures to foresee any complications?

    - - - Updated - - -

    Also the parents are separated and are working on a parenting plan/custody agreement. Does the BC have to be in place in order to proceed with this?

  4. #4
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    Quote Quoting trishcimh
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    That you Mr. Knowitall (love the name) if we follow these procedures to foresee any complications?
    Unless you're a lawyer, you should be saying "they" as opposed to "we".

    The complications would relate to proof -- they need to focus on getting their evidence together. The midwife may have records that can establish the date and circumstances of the birth. Depending on the full context, availability of other evidence and the expectations of the court, it may be appropriate to get DNA testing through a court-approved facility to prove the biological relationship.

    The divorce court is not going to ask to examine the child's birth certificate.

  5. #5
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    Thanks!

  6. #6
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    Would both parents have to be involved or can one parent petition the court?

  7. #7
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    OK they are ready to start the procedure. Is there anyone here or do you guys know of any where they can receive help in formulating the petition to the court?

  8. #8
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    South Carolina Legal Services or the phonebook under lawyers.

  9. #9
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    Quote Quoting trishcimh
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    OK they are ready to start the procedure. Is there anyone here or do you guys know of any where they can receive help in formulating the petition to the court?
    You asked about complications. I can think of one. If the midwife provides any documents she should be willing to go to court and testify to their authenticity. Otherwise there is a good chance that the documents may be disallowed without authentication.

  10. #10
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    Default Re: How to Get a Birth Certificate After Failing to Register a Home Birth

    Quote Quoting budwad
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    South Carolina Legal Services or the phonebook under lawyers.
    Thank you! I will check into that tomorrow..

    - - - Updated - - -

    Quote Quoting adjusterjack
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    You asked about complications. I can think of one. If the midwife provides any documents she should be willing to go to court and testify to their authenticity. Otherwise there is a good chance that the documents may be disallowed without authentication.
    The form has been lost and the midwife has since relocated and they do not know how to get in touch with her. I understand the court may require a DNA test...

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