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: Consent and Relinquishment

Subscribe to Consent and Relinquishment RSS Feed

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

Service of the Petition for Termination of Parental Rights on the Child

Posted in Adoption, Consent and Relinquishment, Notice, Termination of Parental Rights
The service of the petition for termination of the parental rights must be served on a child if the child is fourteen years of age or older; and it must be served on the child’s guardian if the child is under the age of fourteen. The direct service on the child that is fourteen years… Continue Reading

Withdrawal of Consent or Relinquishment

Posted in Adoption, Consent and Relinquishment, Family Law, Notice, Termination of Parental Rights
“Withdrawal of any consent and relinquishment is not permitted except by order of the court after notice and opportunity to be heard is given to all persons concerned, and except when the court finds that the withdrawal is in the best interest of the child and that the consent or relinquishment was not given voluntarily… 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

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

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

Consents and Relinquishments Made Simple (Part 1)

Posted in Adoption, Consent and Relinquishment, Family Law, Termination of Parental Rights
A Consent and Relinquishment( "Consent") is an adoption attorney’s best tool for a smooth adoption. With one from each parent in hand , the adoption will be made final with few or no problems with few exceptions. Executing a consent can be as easy as executing a simple will or as complicated as executing a complex contract between… 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

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

Two Witnessess Required for a Consent and Relinquishment

Posted in Adoption, Consent and Relinquishment, Family Law
In an adoption, the adoptive parents may need to obtain a consent and relinquishment from the biological mother and father. To be valid, South Carolina Code of Laws Section 63-9-340 provides that the consent and relinquishment "must be signed in the presence of two witnesses one of whom must be on of the following: a judge… 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