live birth is established. Evidence for a delayed certificate of birth shall not be required when the date and place of birth and parentage have been established in an adoption proceeding.

G. When a child is born through a gestational carrier agreement, and a pre-birth order from a court of competent jurisdiction establishing parentage was not obtained in accordance with Section 501.G, a post-birth order is acceptable when the order contains all of the following information and it matches the information that was provided to register the birth certificate:

(1) The full name and date of birth of the gestational carrier;

(2) The date of birth and name listed on the child’s birth certificate;

(3) The hospital or place of birth;

(4) A finding of no parental rights to the child of the gestational carrier and her spouse, if married; and

(5) The full names (including names prior to first marriage), dates of birth, state of birth (or country, if foreign born), and any other necessary information of the intended parents to create the replacement certificate.

## 1110. Amendments by Court Order.

- A. Upon receipt of a certified copy of a court order changing a birth or death record on file in the Bureau of Vital Statistics and upon request of an entitled person, the Bureau of Vital Statistics shall record the changes by completion of a special form developed by the Department. Such form shall include the original information as it appears on the original certificate, the information as changed by the court order, identification of the court which issued the order and the date of the order, and sufficient information about the registrant or decedent to link the special form to the original record. Upon completion of the amendment, the certified order will be maintained in a sealed file as defined in Section 1101.D.
- B. When an electronic certification is issued, the items amended by the court and the date of the amendment must be noted. When a certified copy of the original record is issued, a copy of the special form must be attached.

C. Birth and death records amended by court order shall be marked “Amended by Court Order,” except in parentage amendments made pursuant to S.C. Code Section 44-63-163.

D. When a parent’s rights are terminated pursuant to an order from a court of competent jurisdiction, a special form is prepared by the Bureau of Vital Statistics indicating that the rights have been terminated and the certificate will not be issued to that parent after the order is received. The name of the parent will not be removed from the certificate unless it is specifically stated in the order.

- 1111. Administrative Amendments to Parental Titles.
- A. Parental titles on a birth certificate may be designated as mother, father, or parent. Upon request of the parent listed on the certificate of a minor child, the title may be changed one (1) time for each parent upon receipt of an affidavit created by the Department and signed by the parent whose title is to be changed, stating the title the parent would prefer to be listed for their name only on the certificate.
- B. Subsequent changes to the parental titles will require an order from a court of competent jurisdiction.