What if a mother refuses to give information about her legal husband? What should I do if a mother refuses to provide marital status information?
If mother is legally married but separated from her legal husband, by state law, her legal husband is considered to be the legal father of the child. The mother’s marital status should be marked ‘Married or Separated’ and the information relative to the mother’s legal husband must be entered. If mother refuses to provide this information, the facility may wish to inform the mother that according to Section 44-63-161, of the 1976 SC Code of Laws, as amended, it is unlawful for any person to willfully violate a regulation or an order of the department relative to recording, reporting, or filing information for the Bureau of Vital Records. Any person that violates this provision is guilty of a misdemeanor and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than one year, or both. After all efforts have been exhausted and mother still refuses to provide you with the name of her husband, please contact SC DHEC at 1-(866) 489-8477 for instruction.
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