Unmarried Father's Parental Rights Terminate After Thirty Days

Under South Carolina's notice statute, the parental rights of an unmarried father who is required to be notified are terminated if he does not request a hearing within thirty days after receiving the required notice. Though the statute does not directly state the father's rights are to be terminated it does require the adoptive parents to including the following language in the notice—failure to file a response within thirty days of receiving notice constitutes consent to the adoption of the child and forfeiture of all rights and obligations of the person...with respect to the child. Because the statute requires the adoptive parents to include the language in the notice, South Carolina courts have implied that the father's rights have been forfeited and he has consented to the adoption of the child if he does not request a hearing within thirty days.

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