Paternity Testing Information for the State of
South Carolina (SC)
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The South Carolina Statute
SECTION 20-7-956. Admissibility of evidence at hearing.
(A) The following evidence is admissible at a hearing to
(1) Results of genetic tests as described in Section 20-7-954
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.
(2) The refusal of a party to submit to a genetic or other
ordered test as to the credibility of a party.
(3) Test results which show a statistical probability of
paternity. A statistical probability of paternity of
ninety-five percent or higher creates a rebuttable presumption
of the putative father's paternity.
(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 20-7-958. 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.
(5) A foreign paternity determination whether established
through administrative or judicial process. This determination
creates a conclusive presumption of paternity.
(6) A birth certificate containing the signature of the mother
and the putative father. This evidence creates a rebuttable
presumption of paternity.
(7) An expert's opinion concerning the time of conception. This
evidence is admissible in the same manner as other expert
testimony. The court may take judicial notice of the normal period
(8) The testimony of a husband and wife as to any relevant
matter, including marriage and parentage.
(9) Any other relevant and competent evidence deemed admissible
in the discretion of the court.
(B) Upon the motion of any party to the action or upon its own
motion, the court may view a child for the purpose of examining
the presence or the absence of physical characteristics and
similarities between the child and the putative father.
(C) If a male witness offers testimony indicating that his act
of intercourse with the natural mother may have resulted in the
conception of the child, the court may require the witness to
submit to genetic or other tests to determine whether he is the
child's father. If the results of the tests exclude or tend to
exclude the witness as the father of the child, the witness's
testimony must be stricken from the record and disregarded.
This information is provided for reference only