§ 63-17-10. Purpose; definitions.
§ 63-17-20. Jurisdiction.
§ 63-17-30. Genetic tests; costs.
§ 63-17-40. Settlement and voluntary agreements.
§ 63-17-50. Verified voluntary acknowledgments.
§ 63-17-60. Admissibility of evidence.
§ 63-17-70. Court orders.
§ 63-17-330. Temporary order for support pending paternity.
§ 63-17-450. Information required in paternity and support actions.
§ 63-9-820. Responsible Father Registry; claims of paternity.

• An action to establish paternity may be brought by:
  
  • a child;
  • the natural mother of a child;
  • any person in whose care a child has been placed;
  • any authorized person or agency, including DSS pursuant to Chapter 5 of Title 43 (public welfare), § 63-3-550 (Standing to institute a proceeding regarding neglected child) and § 63-17-340 (Persons who may petition for support); or
  • a person who claims to be the father. § 63-17-10(C).

• The family court and the Child Support Enforcement Division of DSS have concurrent jurisdiction to establish paternity in SC.
  
  • § 63-3-530(B) gives the family court exclusive jurisdiction to establish paternity.
  • However, § 63-17-710 provides that the Child Support Enforcement Division of DSS also has jurisdiction to establish paternity in cases brought pursuant to Title IV-D of the Social Security Act (through an administrative process).
• Long arm jurisdiction
  
  • The family court has jurisdiction over a nonresident who has "sexual intercourse in this state with respect to a child who may have been conceived by that act of intercourse" for the purpose of establishing paternity. § 63-17-20(A).
  • Additionally, the Uniform Interstate Family Support Act § 63-17-3010 confers jurisdiction upon the family court and DSS Child Support Enforcement Division over a nonresident for the purposes of establishing paternity where the individual:
    
    • is personally served in SC;
    • submits to jurisdiction by consent, entering a general appearance, or filing a responsive pleading;
    • resided with the child in SC;
    • resided in SC and provided prenatal expenses or support for the child;
    • engaged in sexual intercourse in SC and the child may have been conceived by that act of intercourse;
    • asserted parentage in putative father registry maintained in SC; or
    • the child resides in SC due to acts or directives of the individual; or
    • there is any other basis consistent with the South Carolina or United States constitutions for conferring personal jurisdiction.

• Genetic test results properly verified to show chain of custody of samples
• Refusal of a party to submit to testing as to party's credibility
• Test results showing a statistical probability of paternity
• Verified voluntary acknowledgments of paternity
• Foreign paternity determination
• Birth certificate with mother and putative father's signature
• Expert's opinion concerning time of conception
• Testimony of husband and wife as to relevant matters including parentage
• Other relevant evidence at judge's discretion
• The court may also view the child for the purpose of examining likelihood of paternity upon motion of any party or its own motion.

• Evidence creating a rebuttable presumption of paternity:
  • Birth certificate signed by mother and putative father. § 63-17-60(A)(6).
  • Genetic tests showing a statistical probability of paternity of 95% or higher. § 63-17-60(A)(3).
  • A verified acknowledgment of paternity executed prior to January 1, 1998. § 63-17-60(A)(4).
• Evidence creating a conclusive presumption of paternity:
  • A verified acknowledgment of paternity executed after January 1, 1998, subject to § 63-17-50. § 63-17-60(A)(4).
  • A foreign paternity determination. § 63-17-60(A)(5).

• Paternity actions must be dealt with as separate proceedings before the family court and are closed to the general public. § 63-17-20(C).
• Paternity proceedings are civil actions. The child's natural mother and the alleged father are competent to testify and may be compelled by the court to appear and testify. § 63-17-20(D).
• Whenever an action threatens to make a child illegitimate, the presumed legal father and the putative natural father must be made parties. A child under 18 must be represented by a court appointed GAL, which cannot be the child's mother or presumed or putative father. § 63-17-10(E).
• A party files a summons and complaint to establish paternity and serves it upon the alleged father. The alleged father has 30 days, exclusive of the date of service, to answer the complaint.
• The court may order genetic testing to determine paternity upon motion of an interested party or its own motion. § 63-17-30(A).
  • If testing ordered prior to the child's birth, the tests shall be conducted as soon as medically feasible after the birth of the child. § 63-17-60(A)(4).
  • Genetic testing is not required where the court determines there is good cause, including a presumption of legitimacy, or that paternity was previously established by law or a judicial finding. § 63-17-30(C).

• If alleged father admits paternity, he is determined to be the legal father of the child. The court may make a determination of paternity based on evidence presented even if the alleged father refuses to admit paternity.
• The determined father may consent to an order of support or the court may issue an order requiring the legal father to provide child support pursuant to the guidelines.

• If court finds putative father to be the child's natural father, the order must designate the putative father as the natural father.
• The order must:
  • include both parents' social security (or alien identification) numbers;
  • establish a duty of support and provide for child support payments in amounts and at a frequency to be determined by the court; and
  • provide for other relief which has been properly prayed for in the pleadings and which is considered reasonable and just by the court.
• Upon a finding that the putative father is not the child's father child, the court shall issue an order which sets forth this finding.