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 his rights without a pending adoption.
Please note that a reading of the termination statutes seems to indicate that a person’s rights could be terminated under statutory prescribed conditions regardless of whether an adoption is pending or not. We must remember that the Court has a great deal of discretion in applying those statutes; and at least in Horry County, the Court will generally not terminate a parent’s rights without someone ready to adopt.
The Termination of Parental Rights statutes are Section 63-7-2510 throught 63-7-2620 of the South Carolina Code of Laws, as amended.