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 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

“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

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

In South Carolina, all adoptions of minors require a guardian ad litem to be appointed to represent the interest of the minor. In Horry County, the guardian ad litem is an Attorney.

The purpose of the guardian ad litem is to perform an investigation to determine if the adoption is in the best interest of

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

Almost any time that you have a multistate adoption, you trigger the Interstate Compact on the Placement of Children. One way to determine if ICPC is triggered is to determine if the Sending Agency sent, brought, or caused to be sent or brought any child to another party state for the purposes of adoption.

Sending

In Adoptive Couple v. Baby Girl, the United States Supreme Court, in essence, says that an absentee Indian cannot rely on ICWA to challenge an adoption. The Court said that the heightened standard outlined in ICWA does not apply to a parent that has not either had physical or legal custody of the child. The essence of the ICWA is to preserve