Section 63-9-310 of the South Carolina Code of Laws, as amended, lists the individuals and agencies that are required to give consent to an adoption. One of the individuals that is required to consent to the adoption is “the adoptee, if over fourteen years of age, except where the court finds that the adoptee does
Adoption
Timing of Filing with the Responsible Father Registry in South Carolina is Important
If an unmarried father wants to preserve his rights to a child that he may have fathered, it is important for him to register with the Responsible Father Registry as soon as possible. As of the date of this blog post, a father may register at the following address: South Carolina Responsible Fathers Registry
The…
List of Putative Father Registries Provided by New Hampshire Probate Court
Custody now; Adoption later
I have been working with folks on adoption matters for some time now. One thing that I have learned that has benefited several of my clients is that gaining custody of a child that my clients are seeking to adopt is a more sound approach than attempting to adopt the child immediately.
One specific reason…
S.C. Dep’t of Soc. Servs. v. Boulware, 809 S.E.2d 223, 422 S.C. 1 (S.C. 2018) Affords Foster Parents Standing to Bring an Adoption Action
By Russell W. Hall III on
The titled case determined that the plain meaning of section 63-9-60 of the South Carolina Code of Laws, as amended, affords standing to foster parents if they are South Carolina residents.
I have linked to the titled case, and a case referred to as Youngblood to help the reader understanding standing and also to understand…
Self-Represented Adoptive Parents
By Russell W. Hall III on
Posted in Adoption, Family Law
Even the simplest of adoptions require a person to have the knowledge of the processes and procedures needed to terminate 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…
Artificial Insemination
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…
Service of the Petition for Termination of Parental Rights on the Child
By Russell W. Hall III on
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…
Withdrawal of Consent or Relinquishment
By Russell W. Hall III on
“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…
ADOPTION CHECKLIST
By Russell W. Hall III on
Posted in Adoption
I place this checklist in all my adoption files.
This Adoption is:
Step-parent adoption or adoption related by blood or marriage
Non-relative adoption
The following documents have been filed with the Clerk of Court:
Summons
Complaint
Order appointing GAL
Proper service of Order appointing GAL on the GAL
Answer of GAL
Proof of…