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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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

Not All Adoption Experiences Are Wonderful

Posted in Adoption
During this month of celebrating the wonders of adoptions I want to remind fellow attorneys and potential adoptive parents that like other wonderful endeavors adoption has a potentially nasty underbelly. This article describes the content of a new book, FINDING FERNANDA, concerning adoption and human trafficking; the worst of the worst as far a nasty underbellies are … Continue Reading

South Carolina Adoption Statutes Have Been Moved

Posted in Adoption
The new location for the South Carolina Adoption Statutes can be found here. Please note that most of my old posts referencing statutes are linked to the old web location; when I click on the links in the old posts, they take me to a page with the following statement: Error: Resource not found (404) The web page or resource … Continue Reading