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H 3086

Certificate of Foreign Birth

2025-2026 Regular Session Introduced by Tommy Pope

South Carolina establishes a state Certificate of Foreign Birth for U.S.-citizen children born abroad to SC residents, with defined docs and county-filed records to aid services.

Referred to Committee on Medical, Military, Public and Municipal Affairs
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Bill Summary · H 3086

Summary: H 3086 — Certificate of Foreign Birth

Status: Referred to Committee on Medical, Military, Public and Municipal Affairs (introduced 02/27/2025). Sponsor: Pope (primary). Effective: on approval by the Governor.

Purpose

Creates a state-issued “Certificate of Foreign Birth” for children who were born outside the United States but were U.S. citizens at birth and whose parent(s) are residents of South Carolina. The measure establishes documentary requirements and procedures for state and county registrars to issue and file this certificate.

Key provisions

  • Adds Section 44-63-145 to the South Carolina Code (Title 44, Chapter 63):

    • The state registrar shall prepare, upon request and receipt of required documentation, a “Certificate of Foreign Birth” for a child born abroad who was a U.S. citizen at birth and whose parent is a South Carolina resident.
    • The certificate (and any copies) must be labeled “Certificate of Foreign Birth” and must list the actual country of birth.
    • The child’s name on the certificate must concur with the name on the evidence of U.S. citizenship.
    • If the name on the citizenship evidence differs from the foreign birth record, the registrar will list the name shown on the U.S. citizenship document.
    • If identity or name is in doubt, the registrar may require additional documentation (e.g., school records, medical records, U.S. passport, or a court order effecting a legal name change). Court orders from any competent jurisdiction (domestic or foreign) may be accepted; if a court order changed the name, a copy listing both current and former names must be provided.
    • Acceptable evidence of U.S. citizenship is limited to Department of State documents: Consular Report of Birth Abroad (FS-240), Certification of Birth Abroad (FS-545), or Certification of Report of Birth (DS-1350).
    • The state registrar must furnish a copy of the issued certificate to the county registrar for filing.

  • Amends Section 44-63-140(3):

    • Clarifies procedure for adopted children born abroad who are U.S. citizens at birth — the state registrar shall notify adoptive parents about obtaining the Consular Report of Birth Abroad (FS-240) through the U.S. Department of State (language presented as a technical correction).

Who is affected

  • Children born outside the U.S. who were U.S. citizens at birth where at least one parent is a South Carolina resident.
  • Resident parents and adoptive parents seeking a state-recorded certificate reflecting foreign birth.
  • State and county vital records registrars, who will implement the new issuance and filing procedures.

Procedural and implementation notes

  • The act takes effect immediately upon the Governor’s approval.
  • Requires applicants to provide specific federal documentation (FS-240, FS-545, DS-1350); permits additional corroborating records or court orders when needed.
  • The bill standardizes labeling and content (country of birth and name conformity) for these certificates and creates a local filing requirement with county registrars.

Potential impacts (practical considerations)

  • Eases creation of a state-level vital record for U.S.-citizen children born abroad, which can aid in access to state services or local identification needs.
  • Establishes a clear administrative pathway and recordkeeping practice for such cases.
  • May create interaction issues between federal consular records and state vital records systems; the amendment for adopted children attempts to address existing procedural gaps.

Compiled from official sources — confirm details with the bill’s official record.

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