How do I establish paternity in South Carolina?

South Carolina paternity law is in the South Carolina Children's Code, S.C. Code Title 63, Chapter 17.

1. Paternity Acknowledgment Affidavit

DHEC Form 0686 (Paternity Acknowledgment Affidavit) is signed by both parents at the hospital or later through a local DSS or vital-records office, notarized, and filed with the Division of Vital Records (DHEC). Under S.C. Code § 63-17-30(B) the affidavit "creates a rebuttable presumption of paternity" upon signing and "has the same legal effect as a court order of paternity" once it is 60 days old. Either signatory may rescind within 60 days or before the date of an administrative or judicial proceeding (§ 63-17-30(B)(2)). After that, challenges are limited to fraud, duress, or material mistake of fact (§ 63-17-30(B)(3)).

2. Court-Ordered Paternity

A paternity action under S.C. Code § 63-17-60 may be filed by the mother, alleged father, child (through guardian ad litem), or DSS Child Support Services Division in the family court of the county where the child or putative father resides. Under § 63-17-70 and 42 U.S.C. § 666(a)(5)(B) the court orders genetic testing on motion; a 95% probability creates a rebuttable presumption of paternity (§ 63-17-70(D)).

3. Presumption of Paternity

Under S.C. Code § 63-17-20 a child born during marriage is presumed to be the child of both spouses. The marital presumption may be rebutted by clear and convincing evidence in the family court (Mid-South Insurance Co. v. Doe, 274 F.Supp.2d 757 (D.S.C. 2003); applied per S.C. case law).

4. Effects of Establishing Paternity

Triggers child-support liability under S.C. Code § 63-17-310 and the South Carolina Child Support Guidelines, opens custody and visitation under § 63-15-220, vests intestate inheritance under S.C. Code § 62-2-109, and supports a birth-certificate amendment via DHEC Vital Records (DHEC 0687).

5. Special Situations

Same-sex spouses are presumed parents post-Obergefell. Donor non-parentage is recognized by case law. South Carolina lacks a surrogacy statute, but family courts grant parentage orders in gestational-surrogacy cases (Mid-South Insurance v. Doe; Marvin M. v. Cathy A.).

This is legal information, not legal advice.