Title 63 - South Carolina Children's Code
SECTION 63-17-10.
(E) Whenever an action threatens to make a child illegitimate, the presumed legal father and the putative natural father must be made parties respondents to the action. A child under the age of eighteen years must be represented by a guardian ad litem appointed by the court. Neither the mother nor the presumed or putative father of the child may represent him as guardian ad litem.
SECTION 63-17-50. Verified voluntary acknowledgments.
(A) A verified voluntary acknowledgment of paternity creates a legal finding of paternity, subject to the right of any signatory to rescind the acknowledgment within the earlier of:
(1) sixty days; or
(2) the date of an administrative or judicial proceeding relating to the child including a proceeding to establish a support order in which the signatory is a party.
(B) Upon the expiration of the sixty-day period provided for in subsection (A), a verified voluntary acknowledgment of paternity may be challenged in court only on the basis of fraud, duress, or material mistake of fact, with the burden of proof upon the challenger.
SECTION 63-17-60. Admissibility of evidence.
(A) The following evidence is admissible at a hearing to determine paternity:
(1) Results of genetic tests as described in Section 63-17-30 from physicians, agencies, hospitals, laboratories, or other qualified testing facilities, properly verified to show the chain of custody of blood samples. This evidence, must be introduced and admitted without the foundation testimony or other proof of authenticity or accuracy unless a challenge has been asserted by motion at least twenty days before the date of trial. Any party to the action, absent stipulations to the contrary, may demand the right to have additional testing conducted at the expense of the party who demands the additional testing.
4) A verified voluntary acknowledgment of paternity. This acknowledgment creates a rebuttable presumption of the putative father's paternity except that a verified voluntary acknowledgment of paternity executed after January 1, 1998, creates a conclusive presumption of the putative father's paternity subject to the provisions of Section 63-17-50. The person acknowledging paternity must be given the opportunity to seek legal advice prior to signing a verified voluntary acknowledgment. A verified voluntary acknowledgment must be made by a sworn document, signed by the person acknowledging paternity and witnessed by (1) that person's attorney, parent, or guardian or (2) a person eighteen years of age or older who is not related to the child and not employed or acting under the authority of the Department of Social Services. The witness must attach to the acknowledgment a written certification which specifies that prior to signing the acknowledgment, the provisions of the acknowledgment were discussed with the person acknowledging paternity and that, based upon this discussion, it is the witness' opinion that the acknowledgment is being given voluntarily and that it is not being obtained under duress or through coercion.
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