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: Biological Father

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Artificial Insemination

Posted in Adoption, Biological Father, Consent and Relinquishment, Notice, Termination of Parental Rights
Artificial Insemination is mentioned one time in the South Carolina adoption statutes under the Responsible Father Registry statute. ¬†The implication¬†is that a father who consents to artificial insemination continues to have rights to the child and may preserve those rights by filing with the Responsible Father Registry. Section 63-9-820(L) of the South Carolina Code of… 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

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

Supreme Court: Father Needs to Grasp Opportunity and Accept Measure of Responsibility to Protect Rights

Posted in Adoption, Biological Father, Consent and Relinquishment, Custody, Family Law, Notice, Termination of Parental Rights
In Roe v. Reeves, the adoptive parents appeal a family court’s decision where the birth father claims his consent was necessary prior to another couple adopting his child. The family court agreed with the father; the Supreme Court reversed stating that the father did not undertake sufficient good faith effort to assume parental responsibility and… Continue Reading

Servicemembers Civil Relief Act, Affidavits, and Adoptions

Posted in Adoption, Biological Father, Custody, Family Law, Notice
The below requirements apply to any civil action or proceeding, including any child custody proceeding, in which the Defendant does not make an appearance. A Plaintiff is required to let the Court know via an affidavit whether or not the Defendant is in military service or not. The consequence of a Defendant being in the… Continue Reading

Which Fathers Need to be Named as Defendants in an Adoption?

Posted in Adoption, Biological Father, Consent and Relinquishment, Family Law, Notice, Termination of Parental Rights
Any father whose consent and relinquishment is required must be named a defendant in an adoption proceeding if he does not consent and relinquish his rights. If the child was conceived or born during the marriage of husband and wife whether or not the husband is the actual father, the husband’s consent and relinquishment is required. If he… Continue Reading

Had Sex: Register to Keep Parental Rights

Posted in Adoption, Biological Father, Family Law, Notice
If you want to protect your parental rights as a father you need to register at the Responsible Father Registry. Please read my blog post at http://www.southcarolinaadoptionlaw.com/2009/12/articles/biological-father-1/john-doe-rip-responsible-father-registry-is-law-1-januarly-2010/  and Responsible Father Registry Q & A  to help you more fully understand the Responsible Father Registry.… Continue Reading

Putative Father Registry: Fathers Step-up or Shut-up

Posted in Adoption, Biological Father, Family Law, Notice, Termination of Parental Rights
The text below is extracted  from www.justia.com and gives a great summary of a U.S. Supreme Court Case involving unwed fathers’ rights and the putative father registry. After reading this case, I doubt the new South Carolina Responsible Father Registry will have any serious U.S. Constitutional challenges. U.S. Supreme Court Lehr v. Robertson, 463 U.S. 248 (1983)… Continue Reading

John Doe RIP: Responsible Father Registry is Law 1 Januarly 2010

Posted in Biological Father, Notice, Termination of Parental Rights
Is John Doe dead?  Jenny Horne, a co-sponsor, of the new Responsible Father Registry law says yes in an article she wrote in The Summerville Journal Scene: The Responsible Birthfather Registry Act will require fathers who wish to be notified of a termination of parental rights proceeding to take the affirmative step of registering with a… Continue Reading

New Responsible Father Registry Law Changes Notice Requirement Slightly

Posted in Biological Father, Family Law, Notice
Under certain circumstances, the adoptive parents are required to give an unmarried father notice of the adoption proceeding. The statute list seven categories of fathers whom the adoptive parents are required to send notice of the adoption proceeding. The Governor signed into law the Responsible Father Registry on the 2 June 2009. This new law… Continue Reading

Unmarried Father’s Parental Rights Terminate After Thirty Days

Posted in Biological Father, Family Law, Notice, Termination of Parental Rights
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… Continue Reading

When are Adoptive Parents Required to Obtain a Consent and Relinquishment from the Biological Father?

Posted in Biological Father, Consent and Relinquishment, Family Law
The requirement for whether or not the biological father signs a consent and relinquishment depends on whether he is married to the mother or not and if not, his involvement in the child’s life. It seems natural to assume that if the father is married to the mother at the time of conception or birth, the adoptive parents  would be… Continue Reading