Access to Adoption Records

Who May Access Information
Citation: Ann. Code § 63-9-780

Nonidentifying information may be accessed by the following persons:

• The adoptive parents
• The adoptee
• The birth parents

Identifying information may be accessed by the following persons:

• The adoptee who is age 21 or older
• The birth parents and siblings

Access to Nonidentifying Information
Citation: Ann. Code § 63-9-780

The adoption agency may furnish nonidentifying information to adoptive parents, birth parents, or adoptees when, in the sole discretion of the chief executive officer of the agency, the information would serve the best interests of the persons concerned. Nonidentifying information includes, but is not limited to, the following:

• The health and medical histories of the birth parents
• The health and medical history of the adoptee
• The adoptee's general family background without name references or geographical designations
• The length of time the adoptee has been in the care and custody of the adoptive parent

Mutual Access to Identifying Information
Citation: Ann. Code § 63-9-780

The public adoption agency responsible for the placement shall furnish to an adoptee the identity of the adoptee's birth parents and siblings and to the birth parents and siblings the identity of the adoptee under the following conditions:

• The adoptee is age 21 or older, and the applicants apply in writing to the adoption agency for the information.
• The agency has a current file containing affidavits from the adoptee and the birth parents and siblings that they are willing to have their identities revealed to each other.
• The agency has established and maintained a confidential register that contains the names and addresses of the adoptee and birth parents and siblings who have filed affidavits.
• The adoptee and his or her birth parents and siblings have undergone counseling by the adoption agency concerning the effects of the disclosure. The adoption agency may charge a fee for the services, but services must not be denied because of inability to pay.

No disclosure may be made within 30 days after compliance with these conditions. The director of the adoption agency may waive the 30-day period in extreme circumstances. The agency may delay disclosure for 20 days from the expiration of the 30-day period to allow time to apply to a court of competent jurisdiction to enjoin the disclosure for good cause shown.

Access to Original Birth Certificate
Citation: Ann. Code § 44-63-140

The original birth certificate is placed in a special sealed file by the State Registrar. The statute does not specify a procedure for access to the original certificate.

Contact:

South Carolina Department of Social Services
Adoption Reunion Registry
PO Box 1520
Columbia, SC 29202-1520
(803) 734-6095
(800) 922-2504

Credits: Child Welfare Information Gateway (http://www.childwelfare.gov)

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