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: Adoption

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Family Adoption Assistance

Posted in Adoption
If you are related to the child you are adopting, you may be able to receive financial assistance through DSS. A child may receive an adoption subsidy if the child has special needs, is legally free for adoption and the adoptive family cannot adopt the child without the financial assistance. The child must meet one… 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

Not All Adoption Experiences Are Wonderful

Posted in Adoption
During this month of celebrating the wonders of adoptions I want to remind fellow attorneys and potential adoptive parents that like other wonderful endeavors adoption has a potentially nasty underbelly. This article describes the content of a new book, FINDING FERNANDA, concerning adoption and human trafficking; the worst of the worst as far a nasty underbellies are… Continue Reading

South Carolina Adoption Statutes Have Been Moved

Posted in Adoption
The new location for the South Carolina Adoption Statutes can be found here. Please note that most of my old posts referencing statutes are linked to the old web location; when I click on the links in the old posts, they take me to a page with the following statement: Error: Resource not found (404) The web page or resource… Continue Reading

Tax Credit is Extended Through 2012

Posted in Adoption
Read at about.com to find out what you need to do to claim your tax credit. Please remember that the money spent on the adoption of a spouse’s child is considered an unqualified expense, and therefore, you cannot claim the expense for the adoption of your spouse’s child for the tax credit.… 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

AAICPC Website

Posted in Interstate Adoption
This link will take you the AAICPC Website. A map of the United States will appear; select the state to find contact information for the ICPC office and special requirements for that state. South Carolina has nine requirements listed on its page; I have copied them below for your convenience. Special Adoption Information Required in… 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

Home Study Explained

Posted in Adoption
Once again I am referring you to adopts.com; this time I am referring you to the page in which the process of the homestudy is explained. Visit this link for guidance concerning the home study. A home study is required for all adoptions in South Carolina except adoptions by an individual or individuals that are related to the child… Continue Reading