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: Family Law

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Self-Represented Adoptive Parents

Posted in Adoption, Family Law
Even the simplest of adoptions require a person to have the knowledge of the processes and procedures needed to┬áterminate the rights of the parent or parents and then establish the rights of the adoptive parent or parents. Each adoption process has many steps involved. I am often asked whether it is possible to do an… 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

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

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

Adoption and the Hague Adoption Convention

Posted in Adoption, Family Law, Intercountry Adoption
The U.S. Department of State explains the Hague Adoption Convention at Understanding the Hague Convention Page. The long and the short of it is that  intercountry adoptions amoung Hague Convention Countries are heavily regulated by both the U.S. (which is a Hague Convention Country) and the other Hague Convention Country. One of the requirements is that you will need to work with an agency… Continue Reading

Exception to the South Carolina Rule

Posted in Adoption, Family Law, Interstate Adoption
South Carolina law was amended last year to require all private adoptions of children being placed in South Carolina to be initiated and finalized in South Carolina. I affectionately call it the "South Carolina Rule." The law is explained in this blog post. Section 63-9-1110(5)  of the South Carolina Code of Laws outlines the the family exception to… 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

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