Paternity

2025-2026 Bill 4644: Paternity - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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H. 4644
STATUS INFORMATION
General Bill
Sponsors: Reps. Pope and Edgerton
Document Path: LC-0317VR26.docx
Introduced in the House on January 13, 2026
Currently residing in the House Committee on
Judiciary
Summary: Paternity
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/16/2025

House

Prefiled

12/16/2025

House

Referred to Committee on
Judiciary

1/13/2026

House

Introduced and read first time (
House Journal-page 45
)

1/13/2026

House

Referred to Committee on
Judiciary
(
House Journal-page 45
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/17/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION
63-17-80
SO AS TO PROVIDE FOR THE DETERMINATION OF PARENTAL RESPONSIBILITY AND
CHILD SUPPORT AND THE CREATION OF A PARENTING PLAN AND TIME-SHARING SCHEDULE
FOR A CHILD OF UNMARRIED PARENTS; BY AMENDING SECTION
63-17-10
, RELATING TO
PATERNITY ACTIONS, SO AS TO MAKE CONFORMING CHANGES; AND TO AMEND SECTION
63-5-30
, RELATING TO RIGHTS AND DUTIES OF PARENTS OF MINOR CHILDREN, SO AS TO
PROVIDE THAT AN UNMARRIED MOTHER AND A FATHER WHO HAS ESTABLISHED PATERNITY ARE
THE NATURAL GUARDIANS OF THE CHILD.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
A
rticle 1, Chapter 17, Title 63 of the S.C. Code is
amended by adding:

S
ection
63-17-80
. Regardless of how paternity is established under the provisions of
this article, the determination of parental responsibility and child support
and the creation of a parenting plan and time-sharing schedule must be
established in an action brought pursuant to Section
63-17-10
(D). This section
may not be construed to prevent the Department of Social Services from
establishing child support by an administrative order pursuant to Section
63-17-710
.

S
ECTION 2.
S
ection
63-17-10
(D) of the S.C. Code is amended to
read:

(
D) If an action is brought under this
article prior to the birth of a child, all proceedings must be stayed until
after the birth of the child except the service of a summons and the taking of
depositions or other discovery procedures.
After the birth
of the child, a parent may request a determination of parental responsibility
and child support and for the creation of a parenting plan and time-sharing
schedule pursuant to Chapter 15, Title 63.

S
ECTION 3.
S
ection
63-5-30
of the S.C. Code is amended to read:

S
ection
63-5-30
.
(
A)
The mother and father are the joint natural guardians
of their minor children and are equally charged with the welfare and education
of their minor children and the care and management of the estates of their
minor children; and the mother and father have equal power, rights, and
duties, and neither parent has any right paramount to the right of the other
concerning the custody of the minor or the control of the services or the
earnings of the minor or any other matter affecting the minor. Each parent,
whether the custodial or noncustodial parent of the child, has equal access and
the same right to obtain all educational records and medical records of their
minor children and the right to participate in their children's school
activities unless prohibited by order of the court. Neither parent shall
forcibly take a child from the guardianship of the parent legally entitled to
custody of the child.

(
B) The mother of a child born out of
wedlock and a father who has established paternity pursuant to Chapter 17,
Title 63, are the natural guardians of the child and are entitled and subject
to the rights and responsibilities of parents. If a father has not established
paternity pursuant to Chapter 17, Title 63, the mother of a child born out of
wedlock is the natural guardian of the child and is entitled to primary
residential care and custody of the child unless the court enters an order
stating otherwise.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on January 13, 2026 at 2:43 PM