South Carolina Adoption Law Blog
Published By The Law Office of Russell W. Hall III

South Carolina Adoption Law Blog

Using The Law To Bring Families Together

Category Archives: Adoption

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ADOPTION CHECKLIST

Posted in Adoption
I place this checklist in all my adoption files. This Adoption is: Step-parent adoption or adoption related by blood or marriage Non-relative adoption   The following documents have been filed with the Clerk of Court: Summons Complaint Order appointing GAL Proper service of Order appointing GAL on the GAL Answer of GAL   Proof of… Continue Reading

Consent and Relinquishment: Two Witnesses

Posted in Adoption, Consent and Relinquishment
A Consent and Relinquishment is invalid if the attorney-witness fails to be present when the birth mother (or father) signed the document and both witnesses failed to observe the statutorily-required discussion of the provisions of the Consent and Relinquishment. Practice Point: Make sure both witnesses are in the room with the birth mother or father… Continue Reading

ICPC:Sending Agency

Posted in Adoption, Interstate Adoption
Almost any time that you have a multistate adoption, you trigger the Interstate Compact on the Placement of Children. One way to determine if ICPC is triggered is to determine if the Sending Agency sent, brought, or caused to be sent or brought any child to another party state for the purposes of adoption. Sending… Continue Reading

ICWA Doesn’t Help Absentee Parent

Posted in Adoption
In Adoptive Couple v. Baby Girl, the United States Supreme Court, in essence, says that an absentee Indian cannot rely on ICWA to challenge an adoption. The Court said that the heightened standard outlined in ICWA does not apply to a parent that has not either had physical or legal custody of the child. The essence of the ICWA is to preserve the… Continue Reading

Press Release: ICWA

Posted in Adoption, Family Law
PRESS RELEASE Indian Child Welfare Act Panel to be Held at University of South Carolina School of Law FOR IMMEDIATE RELEASE April 11, 2013 MEDIA CONTACTS: Victoria Middleton Executive Director, ACLU of SC 843-720-1424 aclu_sc@aclusouthcarolina.org   Dr. Marcia Zug Professor, University of South Carolina School of Law 803-777-3615 zug@law.sc.edu   Chief Bill Harris Catawba Indian… Continue Reading

Consent and Relinquishment and TPR without Adoption

Posted in Adoption, Biological Father, Consent and Relinquishment, Family Law, Termination of Parental Rights
Terminating a parent’s rights or taking his consent and relinquishment without a pending adoption primarily occurs  in DSS cases. The Court approving a Consent and Relinquishment or terminating a parent’s rights without a pending adoption is rare in private actions. The person would have had to have done something  egregious to warrant a Court terminating… Continue Reading

ICWA and Adoption Law Part 2 (Involuntary Termination)

Posted in Adoption, Biological Father, Family Law, Termination of Parental Rights
In addition to following South Carolina Termination of Parental Right Statutes under Section 63-7-2570 of the South Carolina Code of Laws, as amended, or the Notification Statute under Section 63-9-730 of the South Carolina Code of Laws, as amended to terminate an Indian parent’s rights, the petitioners must follow the requirements of the ICWA. Specifically, the… Continue Reading

May a Minor Adopt?

Posted in Adoption
In South Carolina, "[a]ny South Carolina resident may petition the court to adopt a child." The minor, it seems, can at least petition the court to adopt a child. In all adoption cases the child being adopted is appointed a guardian ad litem to protect his interest. The guardian will report to the judge whether… Continue Reading

Interstate Termination of Parental Rights and PKPA and UCCJEA

Posted in Adoption, Interstate Adoption, Termination of Parental Rights
Parental Kidnapping Prevention Act (PKPA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) may apply to your termination of parental rights cause of action if an order for visitation and/or custody was entered in another state. You are only required to file a termination of parental rights cause of action if anyone who… Continue Reading

Adoption Checklist Required in Spartanburg and Cherokee Counties

Posted in Adoption
Below is a checklist required for Spartanburg and Cherokee Counties. I use this checklist with all my adoption files. The checklist is simple to use and covers most requirements of the court.  Another helpful checklist I found can be viewed here; this checklist has outdated code section in it. One suggestion before attempting an adoption in a county… Continue Reading

Family Adoption Assistance

Posted in Adoption
If you are related to the child you are adopting, you may be able to receive financial assistance through DSS. A child may receive an adoption subsidy if the child has special needs, is legally free for adoption and the adoptive family cannot adopt the child without the financial assistance. The child must meet one… Continue Reading

Husband: Presumptive Legal Father

Posted in Adoption, Biological Father, Consent and Relinquishment, Custody, Family Law, Termination of Parental Rights
“In South Carolina, there is a common law presumption that a child born during lawful wedlock is a child of the marriage.”  Fisher v. Tucker, 388 S.C. 388, 697 S.E.2d 548 (S.C. 2010). “No judgment of divorce from the bonds of matrimony shall render illegitimate the child begotten of the marriage.” Section 20-3-200 of the… Continue Reading