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: Termination of Parental Rights

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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

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

TPR: Abandonment

Posted in Termination of Parental Rights
A parent’s rights may be terminated if the parent abandons the child. Abandonment of a child is when a parent wilfully deserts a child or wilfully surrenders physical possession of a child without making adequate arrangements for the child’s needs or the continuing care of the child. Section 63-7-20(1) of the South Carolina Code of Laws,… 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

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

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

Daniel’s Law: Safe Haven for Abandoned Child and His Parents

Posted in Adoption, Custody, Family Law, Termination of Parental Rights
Section 63-7-40 of the South Carolina Code of Laws, as amend, provides distressed young women and men an opportunity to surrender a new born child without being prosecuted for abandoning the child. The above section provides that a person who leaves an infant at a  safe haven or directs another person to do so must not… 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

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